BILL ANALYSIS H.B. 1406 By: Riddle Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Currently, only physicians, qualified technicians, chemists, registered nurses, or licensed vocational nurses are authorized to take a blood specimen from an individual at the request or order of a peace officer for DWI investigations. However, this may require transporting the individual to a hospital, requiring additional time and money. In an effort to address this issue, H.B. 1406 adds a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to the list of persons who are authorized to take a blood specimen at the request or order of a peace officer and removes from the list a chemist. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1406 amends the Transportation Code to add a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to the list of persons authorized to take a blood specimen at the request or order of a peace officer under provisions of law relating to the implied consent of a person arrested for certain offenses to submit to the taking of a specimen and to remove from that list a chemist. The bill authorizes such a technician-intermediate or technician-paramedic to take a blood specimen only if authorized by the medical director for the entity that employs the technician-intermediate or technician-paramedic. The bill requires that the specimen 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. The bill authorizes the protocol to address whether a technician-intermediate or technician-paramedic engaged in the performance of official duties may refuse to 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; to 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 to provide the equipment or supplies necessary to take a blood specimen. The bill requires a peace officer, if a technician-intermediate or technician-paramedic takes a blood specimen at the request or order of the officer, to observe the taking of the specimen and immediately take possession of the specimen for purposes of establishing a chain of custody. H.B. 1406 defines "medical director" and removes a provision providing for the meaning of "qualified technician." EFFECTIVE DATE September 1, 2011.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1406
By: Riddle
Criminal Jurisprudence
Committee Report (Unamended)
H.B. 1406
By: Riddle
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Currently, only physicians, qualified technicians, chemists, registered nurses, or licensed vocational nurses are authorized to take a blood specimen from an individual at the request or order of a peace officer for DWI investigations. However, this may require transporting the individual to a hospital, requiring additional time and money. In an effort to address this issue, H.B. 1406 adds a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to the list of persons who are authorized to take a blood specimen at the request or order of a peace officer and removes from the list a chemist.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1406 amends the Transportation Code to add a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to the list of persons authorized to take a blood specimen at the request or order of a peace officer under provisions of law relating to the implied consent of a person arrested for certain offenses to submit to the taking of a specimen and to remove from that list a chemist. The bill authorizes such a technician-intermediate or technician-paramedic to take a blood specimen only if authorized by the medical director for the entity that employs the technician-intermediate or technician-paramedic. The bill requires that the specimen 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. The bill authorizes the protocol to address whether a technician-intermediate or technician-paramedic engaged in the performance of official duties may refuse to 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; to 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 to provide the equipment or supplies necessary to take a blood specimen. The bill requires a peace officer, if a technician-intermediate or technician-paramedic takes a blood specimen at the request or order of the officer, to observe the taking of the specimen and immediately take possession of the specimen for purposes of establishing a chain of custody. H.B. 1406 defines "medical director" and removes a provision providing for the meaning of "qualified technician."
EFFECTIVE DATE September 1, 2011.
BACKGROUND AND PURPOSE
Currently, only physicians, qualified technicians, chemists, registered nurses, or licensed vocational nurses are authorized to take a blood specimen from an individual at the request or order of a peace officer for DWI investigations. However, this may require transporting the individual to a hospital, requiring additional time and money.
In an effort to address this issue, H.B. 1406 adds a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to the list of persons who are authorized to take a blood specimen at the request or order of a peace officer and removes from the list a chemist.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1406 amends the Transportation Code to add a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to the list of persons authorized to take a blood specimen at the request or order of a peace officer under provisions of law relating to the implied consent of a person arrested for certain offenses to submit to the taking of a specimen and to remove from that list a chemist. The bill authorizes such a technician-intermediate or technician-paramedic to take a blood specimen only if authorized by the medical director for the entity that employs the technician-intermediate or technician-paramedic. The bill requires that the specimen 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. The bill authorizes the protocol to address whether a technician-intermediate or technician-paramedic engaged in the performance of official duties may refuse to 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; to 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 to provide the equipment or supplies necessary to take a blood specimen. The bill requires a peace officer, if a technician-intermediate or technician-paramedic takes a blood specimen at the request or order of the officer, to observe the taking of the specimen and immediately take possession of the specimen for purposes of establishing a chain of custody.
H.B. 1406 defines "medical director" and removes a provision providing for the meaning of "qualified technician."
EFFECTIVE DATE
September 1, 2011.