83R552 GCB-D
By: Riddle H.B. No. 434
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 or order 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 is entitled to 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 provision of
patient care or the performance of 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 effect September 1, 2013.