| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the persons authorized to take 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. The heading to Section 724.017, Transportation |
|
|
Code, is amended to read as follows: |
|
|
Sec. 724.017. TAKING OF BLOOD SPECIMEN. |
|
|
SECTION 2. Section 724.017, Transportation Code, is amended |
|
|
by amending Subsections (a) and (c) and adding Subsections (a-1), |
|
|
(c-1), and (c-2) to read as follows: |
|
|
(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). |
|
|
(a-1) The blood specimen must be taken in a sanitary place. |
|
|
(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 or order 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 [In this section, "qualified technician"
|
|
|
does not include emergency medical services personnel]. |
|
|
(c-1) 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 is entitled to 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 provision of |
|
|
patient care or the performance of other official duties; or |
|
|
(3) provide the equipment or supplies necessary to |
|
|
take a blood specimen. |
|
|
(c-2) 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: |
|
|
(1) observe the taking of the specimen; and |
|
|
(2) immediately take possession of the specimen for |
|
|
purposes of establishing a chain of custody. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |