Kings County Hospital has been criticized for delaying a court-ordered blood test of an off-duty police officer accused in a fatal drunk driving crash.

The state Department of Health has also ordered the hospital to come up with a formal policy on how to handle patients who refuse blood tests. But hospital officials told the New York Daily News that doctors can refuse to give the test as a matter of conscience.

The sanction stems from a September 27th car crash, where Vionique Valnord was hit as she was hailing a cab in East Flatbush. Off-duty officer Andrew Kelly, 30, was charged with drunk driving and vehicular homicide – but refused a breathalyzer at the scene and a blood test.

When the test was given seven hours later, it showed there was no alcohol in Kelly's system.

Kelly has pleaded not guilty.