82R7934 GCB-D
By: Riddle, Laubenberg H.B. No. 1406
A BILL TO BE ENTITLED
AN ACT
relating to the persons authorized to take 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. The heading to Section 724.017, Transportation
Code, is amended to read as follows:
Sec. 724.017. TAKING OF BLOOD SPECIMEN.
SECTION 2. Section 724.017, Transportation Code, is amended
by amending Subsections (a) and (c) and adding Subsections (a-1),
(c-1), and (c-2) to read as follows:
(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).
(a-1) The blood specimen must be taken in a sanitary place.
(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 [In this section, "qualified technician"
does not include emergency medical services personnel].
(c-1) 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.
(c-2) 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:
(1) observe the taking of the specimen; and
(2) immediately take possession of the specimen for
purposes of establishing a chain of custody.
SECTION 3. This Act takes September 1, 2011.