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A BILL TO BE ENTITLED
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AN ACT
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relating to the persons authorized to draw a blood specimen from a |
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vehicle operator to test for alcohol concentration or other |
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intoxicating substances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 724.017, Transportation Code, is amended |
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to read as follows: |
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Sec. 724.017. TAKING OF BLOOD SPECIMEN. (a) Only the |
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following [a physician, qualified technician, chemist, registered
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professional nurse, or licensed vocational nurse] may take a blood |
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specimen at the request or order of a peace officer under this |
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chapter: |
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(1) a physician; |
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(2) a qualified technician; |
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(3) a registered professional nurse; |
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(4) a licensed vocational nurse; or |
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(5) a licensed or certified emergency medical |
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technician-intermediate or emergency medical technician-paramedic |
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authorized to take a blood specimen under Subsection (c). |
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(b) A [The] blood specimen must be taken according to |
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recognized medical procedures [in a sanitary place]. A |
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[(b) The] person who takes a [the] blood specimen [under
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this chapter], or a facility [the hospital] where the blood |
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specimen is taken, is not liable for damages arising from the taking |
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of the blood specimen pursuant to a search warrant, or at the |
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request or order of a [the] peace officer [to take the blood
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specimen] as provided by this chapter, if the blood specimen was |
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taken according to recognized medical procedures. This subsection |
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does not relieve a person from liability for negligence in the |
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taking of a blood specimen. |
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(c) A licensed or certified emergency medical |
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technician-intermediate or emergency medical technician-paramedic |
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may take a blood specimen only if authorized by the medical director |
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for the entity that employs the technician-intermediate or |
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technician-paramedic. The specimen must be taken according to a |
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protocol developed by the medical director that provides direction |
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to the technician-intermediate or technician-paramedic for the |
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taking of a blood specimen at the request of a peace officer. In |
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this subsection, "medical director" means a licensed physician who |
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supervises the provision of emergency medical services by a public |
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or private entity that: |
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(1) provides those services; and |
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(2) employs one or more licensed or certified |
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emergency medical technician-intermediates or emergency medical |
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technician-paramedics [section, "qualified technician" does not
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include emergency medical services personnel]. |
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(d) A protocol developed under Subsection (c) may address |
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whether an emergency medical technician-intermediate or emergency |
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medical technician-paramedic engaged in the performance of |
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official duties may refuse to: |
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(1) go to the location of a person from whom a peace |
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officer requests or orders the taking of a blood specimen solely for |
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the purpose of taking that blood specimen; |
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(2) take a blood specimen if the |
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technician-intermediate or technician-paramedic reasonably |
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believes that complying with the peace officer's request or order |
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to take the specimen would impair or interfere with the performance |
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of patient care or other official duties; or |
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(3) provide the equipment or supplies necessary to |
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take a blood specimen. |
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(e) If a licensed or certified emergency medical |
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technician-intermediate or emergency medical technician-paramedic |
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takes a blood specimen at the request or order of a peace officer, a |
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peace officer must observe the taking of the specimen and must |
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immediately take possession of the specimen for purposes of |
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establishing a chain of custody. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |