Fight drunken driving, but let hospitals follow procedure

Kline out of bounds with blood-test plan

The sequence has a familiar ring to anyone who followed Phill Kline’s turbulent term as Kansas attorney general. It’s perturbing, but not surprising, to see him continue the pattern as Johnson County’s district attorney.

As attorney general, Kline sought records of some patients who had received abortions. He waged an unsuccessful and widely ridiculed legal battle to require counselors, doctors and others to notify authorities if they suspected that some teenagers were sexually active.

Now Kline wants hospital staffers to obtain blood tests from certain unwilling patients to determine whether they are intoxicated. He says he’ll arrest the medical personnel for “obstruction of justice” if they don’t comply, even though they are bound by federal regulations and accreditation guidelines to respect patient privacy and a patient’s right to refuse medical treatment.

No responsible person wants to let intoxicated drivers off the hook. But the proper procedure is to obtain a warrant from a judge if a motorist balks at providing a blood sample.

In a small number of cases, a warrant won’t be available. Reasonable prosecutors have still found ways to hold drunken drivers accountable without forcing health care workers to violate professional codes.

Kline, however, lacks finesse and experience in criminal prosecution, not to mention respect for health professionals. After just three months in his new post, he is drawing the once-respected Johnson County district attorney’s office into unnecessary, but predictable, controversy.