81R9202 GCB-D
By: Riddle H.B. No. 509
Substitute the following for H.B. No. 509:
By: Pierson C.S.H.B. No. 509
A BILL TO BE ENTITLED
AN ACT
relating to the persons authorized to draw a blood specimen from a
vehicle operator to test for alcohol concentration or other
intoxicating substances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 724.017, Transportation Code, is amended
to read as follows:
Sec. 724.017. TAKING OF BLOOD SPECIMEN. (a) Only the
following [a physician, qualified technician, chemist, registered
professional nurse, or licensed vocational nurse] may take a blood
specimen at the request or order of a peace officer under this
chapter:
(1) a physician;
(2) a qualified technician;
(3) a registered professional nurse;
(4) a licensed vocational nurse; or
(5) a licensed or certified emergency medical
technician-intermediate or emergency medical technician-paramedic
authorized to take a blood specimen under Subsection (c).
(b) A [The] blood specimen must be taken according to
recognized medical procedures [in a sanitary place]. A
[(b) The] person who takes a [the] blood specimen [under
this chapter], or a facility [the hospital] where the blood
specimen is taken, is not liable for damages arising from the taking
of the blood specimen pursuant to a search warrant, or at the
request or order of a [the] peace officer [to take the blood
specimen] as provided by this chapter, if the blood specimen was
taken according to recognized medical procedures. This subsection
does not relieve a person from liability for negligence in the
taking of a blood specimen.
(c) A licensed or certified emergency medical
technician-intermediate or emergency medical technician-paramedic
may take a blood specimen only if authorized by the medical director
for the entity that employs the technician-intermediate or
technician-paramedic. The specimen must be taken according to a
protocol developed by the medical director that provides direction
to the technician-intermediate or technician-paramedic for the
taking of a blood specimen at the request of a peace officer. In
this subsection, "medical director" means a licensed physician who
supervises the provision of emergency medical services by a public
or private entity that:
(1) provides those services; and
(2) employs one or more licensed or certified
emergency medical technician-intermediates or emergency medical
technician-paramedics [section, "qualified technician" does not
include emergency medical services personnel].
(d) A protocol developed under Subsection (c) may address
whether an emergency medical technician-intermediate or emergency
medical technician-paramedic engaged in the performance of
official duties may refuse to:
(1) go to the location of a person from whom a peace
officer requests or orders the taking of a blood specimen solely for
the purpose of taking that blood specimen;
(2) take a blood specimen if the
technician-intermediate or technician-paramedic reasonably
believes that complying with the peace officer's request or order
to take the specimen would impair or interfere with the performance
of patient care or other official duties; or
(3) provide the equipment or supplies necessary to
take a blood specimen.
(e) If a licensed or certified emergency medical
technician-intermediate or emergency medical technician-paramedic
takes a blood specimen at the request or order of a peace officer, a
peace officer must observe the taking of the specimen and must
immediately take possession of the specimen for purposes of
establishing a chain of custody.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.