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Re: HB 3775 and DWI blood draws - why not??

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I'm not sure yet what this HB 3775 is but currently under Texas law EMS

personnel are NOT authorized to draw blood for the purpose of evidence in any

intoxication offense in the Texas penal code. Currently under TRC 724.217

(traffic code) the only persons authorized to draw blood on request or order

of a peace officer are physicians, qualified technicians (i.e., lab techs),

chemists, RN and LVN. This must also be done in a sanitary place.

There are also certain conditions for which blood may be taken from a suspects

arrested for a violation of an intoxication offense without a warrant. If

these certain conditions are met as listed by law a peace officer may order

that blood be taken from the suspect without their consent. The law also

states that the person or hospital drawing the blood is not liable unless

there is any negligence.

Mike Shown FF/EMT-P

CLFEMS

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