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AN ACT
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relating to the persons authorized to take 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. The heading to Section 724.017, Transportation |
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Code, is amended to read as follows: |
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Sec. 724.017. TAKING OF BLOOD SPECIMEN. |
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SECTION 2. Section 724.017, Transportation Code, is amended |
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by amending Subsections (a) and (c) and adding Subsections (a-1), |
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(c-1), and (c-2) to read as follows: |
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(a) Only the following [a physician, qualified technician,
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chemist, registered professional nurse, or licensed vocational
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nurse] may take a blood specimen at the request or order of a peace |
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officer under this 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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(a-1) The blood specimen must be taken in a sanitary place. |
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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 or order of a peace |
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officer. In this subsection, "medical director" means a licensed |
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physician who supervises the provision of emergency medical |
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services by a public 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 [In this section, "qualified technician"
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does not include emergency medical services personnel]. |
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(c-1) 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 is entitled to 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 provision of |
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patient care or the performance of 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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(c-2) 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: |
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(1) observe the taking of the specimen; and |
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(2) immediately take possession of the specimen for |
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purposes of establishing a chain of custody. |
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SECTION 3. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 434 was passed by the House on April |
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18, 2013, by the following vote: Yeas 141, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 434 was passed by the Senate on May |
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15, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |