Virginia law § 19.2-310.3 outlines the procedures for collecting, handling, and submitting blood, saliva, or tissue samples for DNA analysis, primarily in correctional settings. It specifies who can withdraw samples, the methods to ensure safety and security, and the liability protections for authorized personnel. The law also details the documentation and tamper-proof measures required for sample integrity.
Only a correctional health nurse technician, physician, registered nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist may withdraw DNA samples.
Samples are collected at the receiving unit or designated location by the Department of Corrections, or at a specified time and place for non-sentenced individuals as determined by the court.
Yes, personnel are protected from civil liability if samples are withdrawn according to recognized medical procedures, though negligence can still be subject to liability.
Samples are sealed in tamper-proof containers, and collection information is logged into the Department of Forensic Science DNA data bank to ensure security and traceability.