Shaun King

In this case the demand by the police was not congruent with the law, as such the arrest was not legitimate. She likely has a good civil case against the city if she chooses to make it.

Not everyone can make a stand on principle like that. Very impressive protection of the rights of her patient.

SSG Trust Palmer: This is a very Brave nurse. No, she decidedly should Not have complied with the Officer's demand.
-Warmly, Margaret

I don't fault the nurse for standing her ground as to not doing something against Hospital policy and leave herself open to administrative actions.
However, Hospital policy does not dictate lawful actions.

SO my question is, regardless of a hospital policy, was the request to have blood draw legal? and I dont know...

Is there some legal prohibition from drawing blood on this person? or just Hospital administrators decision not to allow it?
If its legally allowed.... the Hospital admin put that Nurse in a crappy position.

I also do not know what the obligation of the hospital was under to provide blood draw services?
Some contract between the PD and hospital ? Between the state and hospital? No obligation at all?

Is there local or state law that says a hospital that receives ANY state funding or grants must comply with enforcements request for a blood draw?
Does it say that, but LEO must have a blood warrant or the person be under arrest (that seems likely and the hospital policy mirrored that part of the law) ?
Or is it a free market thing, Law enforcement wants it, they offer to pay for the service, but the hospital is free to say No thanks, we only wish to provide phlebotomy service under the flowing conditions...

Way to many un answered questions to come to an overall conclusion.

I can say, that nurse had the short end of the stick no matter what.. It would seem she was making the only decision common sense and available information allowed her to make... I hope justice is done and she is taken care of.

It does appear an officer made a bad call, Judges are typically available to approve blood warrants when appropriate and justified..and I'd bet, there is no prosecutor alive and successful practicing that would not rather HAVE a judge signed blood warrant then not, even if the law allowed the specimen sample collection without one... (Members of the jury, not only does the law allow a blood sample to be drawn upon LEO request following a fatality accident with an apparent use of an intoxicant, but a Judge also agreed the sample collection was justified, allowed under law, and so ordered its collection.)
So EVEN if the law allowed the blood draw under the circumstance this event happened in, upon learning of local hospital policy they were up against, the officer could have chosen to obtain a warrant, place the person under arrest, or go to a different facility.
The obstruction charge MIGHT be levied against the administrator that created that policy, but not the employee obligated to follow it. But hey Im not a lawyer, and how knows what the law actually says or requires in this case.