Texas 2013 - 83rd Regular

Texas House Bill HB434 Compare Versions

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1	1	By: Riddle (Senate Sponsor - Whitmire) H.B. No. 434
2	2	(In the Senate - Received from the House April 22, 2013;
3	3	April 24, 2013, read first time and referred to Committee on
4	4	Criminal Justice; May 9, 2013, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; May 9, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the persons authorized to take a blood specimen from a
11	11	vehicle operator to test for alcohol concentration or other
12	12	intoxicating substances.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Section 724.017, Transportation
15	15	Code, is amended to read as follows:
16	16	Sec. 724.017. TAKING OF BLOOD SPECIMEN.
17	17	SECTION 2. Section 724.017, Transportation Code, is amended
18	18	by amending Subsections (a) and (c) and adding Subsections (a-1),
19	19	(c-1), and (c-2) to read as follows:
20	20	(a) Only the following [a physician, qualified technician,
21	21	chemist, registered professional nurse, or licensed vocational
22	22	nurse] may take a blood specimen at the request or order of a peace
23	23	officer under this chapter:
24	24	(1) a physician;
25	25	(2) a qualified technician;
26	26	(3) a registered professional nurse;
27	27	(4) a licensed vocational nurse; or
28	28	(5) a licensed or certified emergency medical
29	29	technician-intermediate or emergency medical technician-paramedic
30	30	authorized to take a blood specimen under Subsection (c).
31	31	(a-1) The blood specimen must be taken in a sanitary place.
32	32	(c) A licensed or certified emergency medical
33	33	technician-intermediate or emergency medical technician-paramedic
34	34	may take a blood specimen only if authorized by the medical director
35	35	for the entity that employs the technician-intermediate or
36	36	technician-paramedic. The specimen must be taken according to a
37	37	protocol developed by the medical director that provides direction
38	38	to the technician-intermediate or technician-paramedic for the
39	39	taking of a blood specimen at the request or order of a peace
40	40	officer. In this subsection, "medical director" means a licensed
41	41	physician who supervises the provision of emergency medical
42	42	services by a public or private entity that:
43	43	(1) provides those services; and
44	44	(2) employs one or more licensed or certified
45	45	emergency medical technician-intermediates or emergency medical
46	46	technician-paramedics [In this section, "qualified technician"
47	47	does not include emergency medical services personnel].
48	48	(c-1) A protocol developed under Subsection (c) may address
49	49	whether an emergency medical technician-intermediate or emergency
50	50	medical technician-paramedic engaged in the performance of
51	51	official duties is entitled to refuse to:
52	52	(1) go to the location of a person from whom a peace
53	53	officer requests or orders the taking of a blood specimen solely for
54	54	the purpose of taking that blood specimen;
55	55	(2) take a blood specimen if the
56	56	technician-intermediate or technician-paramedic reasonably
57	57	believes that complying with the peace officer's request or order
58	58	to take the specimen would impair or interfere with the provision of
59	59	patient care or the performance of other official duties; or
60	60	(3) provide the equipment or supplies necessary to
61	61	take a blood specimen.
62	62	(c-2) If a licensed or certified emergency medical
63	63	technician-intermediate or emergency medical technician-paramedic
64	64	takes a blood specimen at the request or order of a peace officer, a
65	65	peace officer must:
66	66	(1) observe the taking of the specimen; and
67	67	(2) immediately take possession of the specimen for
68	68	purposes of establishing a chain of custody.
69	69	SECTION 3. This Act takes effect September 1, 2013.
70	70	* * * * *