The Illinois Supreme Court recently ruled phlebotomy instructors in the state do not need to be qualified to teach the procedure.

In a stunning decision, the court dismissed a case brought by Kenrick Roberts, a former Malcolm X College employee who was responsible for making sure the school hired qualified teachers. Roberts claims he was wrongly fired for complaining to administrators about the college's recurring practices of hiring of phlebotomy instructors who lacked the qualifications to teach the subject. He sued the college in 2015 for wrongful termination and violations of the Whistleblower Act.

Attorneys for Roberts argued their client was trying to protect the college's Title IV eligibility to receive federal loan and grant funding by ensuring all instructors were qualified to teach their subjects. As evidence, Roberts observed the appointed instructors were not qualified according to NAACLS. However, in writing his May 23, 2019 majority opinion, Chief Justice Lloyd Karmeier stated that NAACLS wasn’t an accepted accrediting agency for Title IV eligibility in 2015.

The opinion went on to state Roberts didn't prove the college made any promises about the qualifications, training or experience of the instructors. While Roberts claimed the instructors weren’t qualified, he failed to show evidence that the college promised they were, according to the Chief Justice's opinion.

“There is no allegation, much less supporting authority, that students must be taught by certified phlebotomists/EKG technicians in order to become a certified phlebotomist or EKG technician,” Karmeier wrote. Roberts failed to prove that students who are taught phlebotomy by unqualified instructors would be unable to meet phlebotomy certification guidelines.

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