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Amend SB 328 on third reading by adding the following
appropriately numbered SECTION to the bill and renumbering
subsequent SECTIONS of the bill accordingly:
SECTION ____. 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 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).
(b) A [The] blood specimen must be taken according to
recognized medical procedures. A [in a sanitary place.
[(b) The] person or the employer of a person who takes a
[the] blood specimen [under this chapter, or the hospital where the
blood specimen is taken,] is not liable for damages arising from the
taking of the blood specimen pursuant to a search warrant, or at the
request or order of a [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) 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 [section, "qualified technician" does not
include emergency medical services personnel].
(d) 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.
(e) 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 observe the taking of the specimen and must
immediately take possession of the specimen for purposes of
establishing a chain of custody.