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  83R552 GCB-D
 
  By: Riddle H.B. No. 434
 
 
 
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.