Texas 2009 - 81st Regular

Texas House Bill HB509 Compare Versions

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Old	New	Differences
1	1	81R9202 GCB-D
2	2	By: Riddle H.B. No. 509
3	3	Substitute the following for H.B. No. 509:
4	4	By: Pierson C.S.H.B. No. 509
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the persons authorized to draw a blood specimen from a
10	10	vehicle operator to test for alcohol concentration or other
11	11	intoxicating substances.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 724.017, Transportation Code, is amended
14	14	to read as follows:
15	15	Sec. 724.017. TAKING OF BLOOD SPECIMEN. (a) Only the
16	16	following [a physician, qualified technician, chemist, registered
17	17	professional nurse, or licensed vocational nurse] may take a blood
18	18	specimen at the request or order of a peace officer under this
19	19	chapter:
20	20	(1) a physician;
21	21	(2) a qualified technician;
22	22	(3) a registered professional nurse;
23	23	(4) a licensed vocational nurse; or
24	24	(5) a licensed or certified emergency medical
25	25	technician-intermediate or emergency medical technician-paramedic
26	26	authorized to take a blood specimen under Subsection (c).
27	27	(b) A [The] blood specimen must be taken according to
28	28	recognized medical procedures [in a sanitary place]. A
29	29	[(b) The] person who takes a [the] blood specimen [under
30	30	this chapter], or a facility [the hospital] where the blood
31	31	specimen is taken, is not liable for damages arising from the taking
32	32	of the blood specimen pursuant to a search warrant, or at the
33	33	request or order of a [the] peace officer [to take the blood
34	34	specimen] as provided by this chapter, if the blood specimen was
35	35	taken according to recognized medical procedures. This subsection
36	36	does not relieve a person from liability for negligence in the
37	37	taking of a blood specimen.
38	38	(c) A licensed or certified emergency medical
39	39	technician-intermediate or emergency medical technician-paramedic
40	40	may take a blood specimen only if authorized by the medical director
41	41	for the entity that employs the technician-intermediate or
42	42	technician-paramedic. The specimen must be taken according to a
43	43	protocol developed by the medical director that provides direction
44	44	to the technician-intermediate or technician-paramedic for the
45	45	taking of a blood specimen at the request of a peace officer. In
46	46	this subsection, "medical director" means a licensed physician who
47	47	supervises the provision of emergency medical services by a public
48	48	or private entity that:
49	49	(1) provides those services; and
50	50	(2) employs one or more licensed or certified
51	51	emergency medical technician-intermediates or emergency medical
52	52	technician-paramedics [section, "qualified technician" does not
53	53	include emergency medical services personnel].
54	54	(d) A protocol developed under Subsection (c) may address
55	55	whether an emergency medical technician-intermediate or emergency
56	56	medical technician-paramedic engaged in the performance of
57	57	official duties may refuse to:
58	58	(1) go to the location of a person from whom a peace
59	59	officer requests or orders the taking of a blood specimen solely for
60	60	the purpose of taking that blood specimen;
61	61	(2) take a blood specimen if the
62	62	technician-intermediate or technician-paramedic reasonably
63	63	believes that complying with the peace officer's request or order
64	64	to take the specimen would impair or interfere with the performance
65	65	of patient care or other official duties; or
66	66	(3) provide the equipment or supplies necessary to
67	67	take a blood specimen.
68	68	(e) If a licensed or certified emergency medical
69	69	technician-intermediate or emergency medical technician-paramedic
70	70	takes a blood specimen at the request or order of a peace officer, a
71	71	peace officer must observe the taking of the specimen and must
72	72	immediately take possession of the specimen for purposes of
73	73	establishing a chain of custody.
74	74	SECTION 2. This Act takes effect immediately if it receives
75	75	a vote of two-thirds of all the members elected to each house, as
76	76	provided by Section 39, Article III, Texas Constitution. If this
77	77	Act does not receive the vote necessary for immediate effect, this
78	78	Act takes effect September 1, 2009.