HB 509 - As Filed

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Bill Number: TX81RHB 509 Filed: 01-08-2009

Author: Riddle

A BILL TO BE ENTITLED

1 AN ACT

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

3 vehicle operator to test for alcohol concentration or other

4 intoxicating substances.

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

6 SECTION 1. Section 724.017, Transportation Code, is amended

7 to read as follows:

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

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

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

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

12 chapter:

13 (1) a physician;

14 (2) a qualified technician;

15 (3) a registered professional nurse;

16 (4) a licensed vocational nurse; or

17 (5) a licensed or certified emergency medical

18 technician-intermediate or emergency medical

19 technician-paramedic.

20 ( A [The] blood specimen must be taken according to

21 recognized medical procedures [in a sanitary place].

22 [(] The person who takes a [the] blood specimen under this

23 chapter, or a [the] hospital where a [the] blood specimen is taken,

24 is not liable for damages arising from the request or order of the

1

1 peace officer to take the blood specimen as provided by this chapter

2 if the blood specimen was taken according to recognized medical

3 procedures. This subsection does not relieve a person from

4 liability for negligence in the taking of a blood specimen.

5 [© In this section, " qualified technician " does not include

6 emergency medical services personnel.]

7 SECTION 2. This Act takes effect immediately if it receives

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

9 provided by Section 39, Article III, Texas Constitution. If this

10 Act does not receive the vote necessary for immediate effect, this

11 Act takes effect September 1, 2009.

2

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[Guest guest]

What this bill doesn't cover is the " WHO " is going to pay for this service. And

" WHO " is going to reimburse an already overburdened and underfinanced EMS system

to cover for the Paramedic who drew the blood but now has to go sit in a court

room and wait his/her turn to testify for one to three days? And who is going

to pay that Paramedic's bills who now is off work because no EMS service is

going to pay them full salary to go testify on a blood draw case like this while

they are also having to pay overtime for another person to cover their shift?

And what if that Paramedic is a volunteer working a full time low paying job

trying to support his/her family??? Do you really think that employer is going

to pay his/her full salary to go testify in a drunk driving case because there

was a blood draw that he/she was forced to draw?

And would this bill give a law enforcement officer the authority to interfere

with the Paramedic's medical care of other patients because the officer wants

the blood drawn NOW?

I think liability seems to be covered in this bill. But the " financing " portion

is NOT covered nor is the issue regarding patient care, and that is just as big

or bigger an issue in my humble opinion.

Jane Dinsmore

To: texasems-l@...: haussecker87@...: Sun, 11 Jan

2009 09:33:41 -0600Subject: HB 509 - As Filed

Message Bill Number: TX81RHB 509 Filed: 01-08-2009Author: RiddleA BILL TO BE

ENTITLED1 AN ACT2 relating to the persons authorized to draw a blood specimen

from a3 vehicle operator to test for alcohol concentration or other4

intoxicating substances.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF

TEXAS:6 SECTION 1. Section 724.017, Transportation Code, is amended7 to read as

follows:8 Sec. 724.017. TAKING OF BLOOD SPECIMEN. (a) Only the9 following [a

physician, qualified technician, chemist, registered10 professional nurse, or

licensed vocational nurse] may take a blood11 specimen at the request or order

of a peace officer under this12 chapter:13 (1) a physician;14 (2) a qualified

technician;15 (3) a registered professional nurse;16 (4) a licensed vocational

nurse; or17 (5) a licensed or certified emergency medical18

technician-intermediate or emergency medical19 technician-paramedic.20 ( A

[The] blood specimen must be taken according to21 recognized medical procedures

[in a sanitary place].22 [(] The person who takes a [the] blood specimen under

this23 chapter, or a [the] hospital where a [the] blood specimen is taken,24 is

not liable for damages arising from the request or order of the11 peace officer

to take the blood specimen as provided by this chapter2 if the blood specimen

was taken according to recognized medical3 procedures. This subsection does not

relieve a person from4 liability for negligence in the taking of a blood

specimen.5 [© In this section, " qualified technician " does not include6

emergency medical services personnel.]7 SECTION 2. This Act takes effect

immediately if it receives8 a vote of two-thirds of all the members elected to

each house, as9 provided by Section 39, Article III, Texas Constitution. If

this10 Act does not receive the vote necessary for immediate effect, this11 Act

takes effect September 1,

2009.2----------------------------------------------------------[Non-text

portions of this message have been removed]

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[Guest guest]

Sec. 724.017. TAKING OF BLOOD SPECIMEN uses the words request and order. If

you read all of Chapter 724 you will see that Sec. 724.012 details when the

officer can request the specimen of breath or blood from the person if they

are arrested, in which cause the person can refuse, or order the person

arrested to submit to a breath or blood test, in which case the arrested

person cannot refuse. The order applies if the arrested person was the

operator of a vehicle or watercraft involved in an accident and the officer

reasonably believes that as a result of the accident someone will or has

died or suffered serious bodily injury.

The request or order does not apply to the person taking the specimen.

There is not a civil or criminal penalty under state statute for refusing to

take the specimen. Policies and procedures must be in place for the

specimen to be admissible in court. If my agency or medical director says

no, that is where my paycheck comes from. Part of the problem is that

medical personnel in larger county jails do not work for the sheriff. They

are employees of the hospital district responsible for medical care, not

criminal enforcement. Most hospitals refuse to take specimens until after

the patient has been examined by a physician and there is a medical

necessity. There is both a liability and cost reimbursement consideration.

Randy E. RN, LP

..

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[Guest guest]

Good points all, Randy. And I agree with your assessment about the ability to

refuse. However, most of us work closely with our law enforcement and fire

buddies and try not to tick them off because we might need them on a scene for

something that WE need. So while we CAN refuse, just how likely is it that the

law enforcement officer isn't going to get royally ticked off that we DID refuse

and then not be quite as helpful next time WE need something.

SO the issue still boils down to one thing - the need for legislation that would

put in simple words that law enforcement agencies should train and have

available one or more persons in their own department who are capable of coming

to the scene or being somewhere that the possible drunk driver is brought to

perform this service on THEIR tab. This would totally avoid all these issues

that involve other agencies. Or they COULD just allow the officer to shoot the

driver, collect the blood off the ground, and test it after the fact. Whatever

works.....

Jane Dinsmore

To: texasems-l@...: r.e.powell@...: Sun, 11 Jan

2009 17:49:18 -0600Subject: RE: HB 509 - As Filed

Sec. 724.017. TAKING OF BLOOD SPECIMEN uses the words request and order. Ifyou

read all of Chapter 724 you will see that Sec. 724.012 details when theofficer

can request the specimen of breath or blood from the person if theyare arrested,

in which cause the person can refuse, or order the personarrested to submit to a

breath or blood test, in which case the arrestedperson cannot refuse. The order

applies if the arrested person was theoperator of a vehicle or watercraft

involved in an accident and the officerreasonably believes that as a result of

the accident someone will or hasdied or suffered serious bodily injury. The

request or order does not apply to the person taking the specimen.There is not a

civil or criminal penalty under state statute for refusing totake the specimen.

Policies and procedures must be in place for thespecimen to be admissible in

court. If my agency or medical director saysno, that is where my paycheck comes

from. Part of the problem is thatmedical personnel in larger county jails do not

work for the sheriff. Theyare employees of the hospital district responsible for

medical care, notcriminal enforcement. Most hospitals refuse to take specimens

until afterthe patient has been examined by a physician and there is a

medicalnecessity. There is both a liability and cost reimbursement

consideration.Randy E. RN, LP.Image removed by sender.[Non-text portions

of this message have been removed]

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