| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the persons authorized to draw 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 |
|
|
. Section 724.017, Transportation Code, is amended |
|
|
to read as follows: |
|
|
Sec. 724.017. TAKING OF BLOOD SPECIMEN. (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 chemist; |
|
|
(4) a registered professional nurse; |
|
|
(5) a licensed vocational nurse; or |
|
|
(6) a licensed or certified emergency medical |
|
|
technician-paramedic or a licensed paramedic, except that a peace |
|
|
officer may not request or order a technician-paramedic or |
|
|
paramedic to: |
|
|
(A) travel to a location solely to take a blood |
|
|
specimen; or |
|
|
(B) take a blood specimen when the |
|
|
technician-paramedic or paramedic reasonably believes that |
|
|
complying with the request or order would interfere with the |
|
|
treatment or transportation of a patient. |
|
|
(b) A [The] blood specimen must be taken according to |
|
|
recognized medical procedures [in a sanitary place]. [(b)] The |
|
|
person who takes a [the] blood specimen under this chapter, or the |
|
|
facility [hospital] where a [the] blood specimen is taken, is not |
|
|
liable for damages arising from the request or order of the peace |
|
|
officer to take the blood specimen as provided by this chapter if |
|
|
the blood specimen was taken according to recognized medical |
|
|
procedures. This subsection does not relieve a person from |
|
|
liability for negligence in the taking of a blood specimen. |
|
|
[(c) In this section, "qualified technician" does not
|
|
|
include emergency medical services personnel.] |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |