EMS DWI Blood Draws

January 3, 2007

Anyone seen the new version of the DWI blood draw bill proposed this

year?

FYI, text in brackets [] is STRIKETHROUGH, meaning that it's redacted

from the current law.

I think this is a resaonable compromise and will go a long way to aid

the prosecution of drunk drivers, increase public safety and build

stronger relationships with peace officers. There's also a bill

(that I can't find, but I've seen discussed) that would " just admit "

certain types of evidence in DWI cases, lowering the chance that

someone drawing the blood gets called to testify in the first place.

Mike

By: Corte H.B. No. 259

A BILL TO BE ENTITLED

1-1 AN ACT

1-2 relating to the persons authorized to draw a blood specimen from a

1-3 vehicle operator to test for alcohol concentration or other

1-4 intoxicating substances.

1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-6 SECTION 1

. Section 724.017, Transportation Code, is amended

1-7 to read as follows:

1-8 Sec. 724.017. TAKING OF BLOOD SPECIMEN. (a) Only the

1-9 following [a physician, qualified technician, chemist, registered

1-10 professional nurse, or licensed vocational nurse] may take a blood

1-11 specimen at the request or order of a peace officer under this

1-12 chapter:

1-13 (1) a physician;

1-14 (2) a qualified technician;

1-15 (3) a chemist;

1-16 (4) a registered professional nurse;

1-17 (5) a licensed vocational nurse; or

1-18 (6) a licensed or certified emergency medical

1-19 technician-paramedic or a licensed paramedic, except that a peace

1-20 officer may not request or order a technician-paramedic or

1-21 paramedic to:

1-22 (A) travel to a location solely to take a

blood

1-23 specimen; or

1-24 ( take a blood specimen when the

2-1 technician-paramedic or paramedic reasonably believes that

2-2 complying with the request or order would interfere with the

2-3 treatment or transportation of a patient.

2-4 ( A [The] blood specimen must be taken according to

2-5 recognized medical procedures [in a sanitary place]. [(] The

2-6 person who takes a [the] blood specimen under this chapter, or the

2-7 facility [hospital] where a [the] blood specimen is taken, is not

2-8 liable for damages arising from the request or order of the peace

2-9 officer to take the blood specimen as provided by this chapter if

2-10 the blood specimen was taken according to recognized medical

2-11 procedures. This subsection does not relieve a person from

2-12 liability for negligence in the taking of a blood specimen.

2-13 [© In this section, " qualified technician " does not

2-14 include emergency medical services personnel.]

2-15 SECTION 2. This Act takes effect immediately if it

receives

2-16 a vote of two-thirds of all the members elected to each house, as

2-17 provided by Section 39, Article III, Texas Constitution. If this

2-18 Act does not receive the vote necessary for immediate effect, this

2-19 Act takes effect September 1, 2007.

January 3, 2007

Mike,

I agree....we need to be involved in this...we speak of the horrors of DUI

deaths and accidents and how we need to get and keep these guys off the

road...BUT don't ask us to do anything to assist with it.

This is exactly what was said last year in reference to this topic...but I am

sure many stakeholders will stand up and start talking about how this will hurt

our good guy image and will make patients not trust us anymore....or that we

aren't protocoled to do this...or we will have to do assessments and follow

protocols....yada...yada...yada...

What many forget is that this is in the transportation code relating to

accidents involving fatalities or possible fatalities. Blood draws are mandated

at this time and in MANY parts of the states, if the LEO has to wait until the

accident is cleaned up, scene clear and then drives to the hospital, the blood

draw may be old and have more loopholes for clever defense lawyers.

In many states EMS personnel have a role in this process. During my 10 years in

Florida I drew more of these than I care to think about. There is a legal blood

draw kit that has all the paperwork, releases, seals, and equipment including

vacutainer holder, vacutainer needles, vacutainers, iodine prep pads,

instructions, etc...it takes about 10 to 15 minutes to perform this and although

there is a chance of going to court...more times than not EMS is subpeoned in

these criminal cases anyway due to the fatality and the severity of the charges

as well as our role on scene and interaction with those who were involved.

We all like the money we get from successful DUI convictions...we like the fact

that these guys get prosecuted when they wipe out the family of

five....maybe....just maybe...we can get this passed so that we can help our

other healthcare and legal brethren in this battle.

Just my 0.02....

Dudley