BILL ANALYSIS

 

 

 

C.S.H.B. 509

By: Riddle

Criminal Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, only physicians, qualified technicians, chemists, registered nurses or licensed vocational nurses are authorized to take a blood specimen in a sanitary place at the request or order of a peace officer for DWI investigations. However, this requires transporting the individual to a hospital, thus taking additional time and money. 

 

C.S.H.B. 509 adds a certified emergency medical technician-intermediate or emergency medical technician-paramedic to and removes a chemist from the list of persons who are authorized to take a blood specimen at the request or order of a peace officer. The bill sets forth requirements for the authority of a medical technician to take a blood specimen, for a medical director to develop a protocol providing direction to the technician for the taking of a specimen, and for a peace officer to observe the taking of the specimen and to take possession of it for purposes of establishing a chain of custody. The bill requires that the blood specimen be taken according to recognized medical procedures. 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

 

C.S.H.B. 509 amends the Transportation Code to add a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to and remove a chemist from the list of persons who are authorized to take a blood specimen at the request or order of a peace officer under state law regarding implied consent. The bill requires that the blood specimen be taken according to recognized medical procedures and makes a conforming change. The bill establishes that the person who takes a blood specimen and the facility where the blood specimen is taken, are not liable for damages arising from the taking of a specimen pursuant to a search warrant in addition to at the request or order of a peace officer, as provided by current law, if the specimen was taken according to recognized medical procedures and without negligence, and makes conforming changes.

 

C.S.H.B. 509 authorizes a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to take a blood specimen only if authorized by the medical director for the entity that employs the medical technician.  The bill requires the blood specimen to be taken according to a protocol developed by the medical director that provides direction to the medical technician for the taking of the specimen at the request of a peace officer.  The bill authorizes such a protocol to address whether a medical technician engaged in the performance of official duties is authorized to refuse to:

 

  • 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;
  • 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
  • provide the equipment or supplies necessary to take a blood specimen.

 

The bill requires a peace officer, if such a licensed or certified medical technician takes a blood specimen at the peace officer's request or order, to observe the taking of the specimen and to immediately take possession of the specimen for purposes of establishing a chain of custody.  The bill defines "medical director."

 

EFFECTIVE DATE

 

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 509 adds a provision not in the original requiring a licensed or certified emergency medical technician-intermediate or emergency medical technician-paramedic to be authorized by the medical director for the entity that employs the technician to be able to take a blood specimen and sets forth the requirements for authorization.  The substitute differs from the original by specifying that the facility, rather than the hospital, where the blood specimen is taken is not liable for damages. The substitute, in the provision exempting a person and facility from damage liability, provides that such a person or facility 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 peace officer, rather than only from the request or order of the peace officer to take the specimen as in the original. The substitute adds provisions not in the original setting forth the requirements for the authorization of a medical technician to take the blood specimen at the request of a peace officer and for the protocol to which the technician must adhere in taking the blood specimen. The substitute adds a provision not in the original requiring a peace officer to observe the taking of the specimen and to take possession of it for purposes of establishing a chain of custody if a technician takes a blood specimen at the request or order of a peace officer.