Texas 2011 - 82nd Regular

Texas House Bill HB1406 Compare Versions

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1	1	82R7934 GCB-D
2	2	By: Riddle, Laubenberg H.B. No. 1406
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5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the persons authorized to take a blood specimen from a
8	8	vehicle operator to test for alcohol concentration or other
9	9	intoxicating substances.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 724.017, Transportation
12	12	Code, is amended to read as follows:
13	13	Sec. 724.017. TAKING OF BLOOD SPECIMEN.
14	14	SECTION 2. Section 724.017, Transportation Code, is amended
15	15	by amending Subsections (a) and (c) and adding Subsections (a-1),
16	16	(c-1), and (c-2) to read as follows:
17	17	(a) Only the following [a physician, qualified technician,
18	18	chemist, registered professional nurse, or licensed vocational
19	19	nurse] may take a blood specimen at the request or order of a peace
20	20	officer under this chapter:
21	21	(1) a physician;
22	22	(2) a qualified technician;
23	23	(3) a registered professional nurse;
24	24	(4) a licensed vocational nurse; or
25	25	(5) a licensed or certified emergency medical
26	26	technician-intermediate or emergency medical technician-paramedic
27	27	authorized to take a blood specimen under Subsection (c).
28	28	(a-1) The blood specimen must be taken in a sanitary place.
29	29	(c) A licensed or certified emergency medical
30	30	technician-intermediate or emergency medical technician-paramedic
31	31	may take a blood specimen only if authorized by the medical director
32	32	for the entity that employs the technician-intermediate or
33	33	technician-paramedic. The specimen must be taken according to a
34	34	protocol developed by the medical director that provides direction
35	35	to the technician-intermediate or technician-paramedic for the
36	36	taking of a blood specimen at the request of a peace officer. In
37	37	this subsection, "medical director" means a licensed physician who
38	38	supervises the provision of emergency medical services by a public
39	39	or private entity that:
40	40	(1) provides those services; and
41	41	(2) employs one or more licensed or certified
42	42	emergency medical technician-intermediates or emergency medical
43	43	technician-paramedics [In this section, "qualified technician"
44	44	does not include emergency medical services personnel].
45	45	(c-1) A protocol developed under Subsection (c) may address
46	46	whether an emergency medical technician-intermediate or emergency
47	47	medical technician-paramedic engaged in the performance of
48	48	official duties may refuse to:
49	49	(1) go to the location of a person from whom a peace
50	50	officer requests or orders the taking of a blood specimen solely for
51	51	the purpose of taking that blood specimen;
52	52	(2) take a blood specimen if the
53	53	technician-intermediate or technician-paramedic reasonably
54	54	believes that complying with the peace officer's request or order
55	55	to take the specimen would impair or interfere with the performance
56	56	of patient care or other official duties; or
57	57	(3) provide the equipment or supplies necessary to
58	58	take a blood specimen.
59	59	(c-2) If a licensed or certified emergency medical
60	60	technician-intermediate or emergency medical technician-paramedic
61	61	takes a blood specimen at the request or order of a peace officer, a
62	62	peace officer must:
63	63	(1) observe the taking of the specimen; and
64	64	(2) immediately take possession of the specimen for
65	65	purposes of establishing a chain of custody.
66	66	SECTION 3. This Act takes September 1, 2011.