RE: Hearing Monday--- HB 823 - As Filed

[Guest guest]

What about paramedics who are also peace officers and may be operating

under both jurisdictions (such as in a public safety model)? Could this

then impact their ability to act as a paramedic? It doesn't' specify if

this blood draw is for evidentiary or diagnostic purposes, it just says

blood draw.

Also, what would be the problem if a police officer was trained as a

phlebotomist and able to take blood samples when given a green light by

a judge like they do here in Austin? It would seem that it would

strengthen the chain of custody.

Barry

Barry Sharp, MSHP, CHES

Program Coordinator

Tobacco Prevention & Control

Texas Dept. of State Health Services

Barry.Sharp@...

PLEASE NOTE NEW MAILING ADDRESS:

P.O. Box 149347

Mail Code 2018

Austin, Texas 78714-9347

________________________________

From: texasems-l [mailto:texasems-l ] On

Behalf Of Ron Haussecker

Sent: Thursday, April 23, 2009 2:06 PM

To: texasems-l

Subject: Hearing Monday--- HB 823 - As Filed

MessageLaw Enforcement want us to draw blood but they don't. What's

wrong with this picture.? It's up for a hearing Monday. Wouldn't we want

this bill to FAIL and let them handle law enforcement blood draws, since

they are the ones that want the blood draw right then and there, and EMS

handle Medical Emergencies?

Ron

Bill Number: TX81RHB 823 Filed: 01-27-2009

Author: , Sylvester

A BILL TO BE ENTITLED

1 AN ACT

2 relating to the authority of a peace officer to take a blood

3 specimen from a vehicle operator to test for alcohol concentration

4 or other 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 by adding Subsection (d) to read as follows:

8 (d) A person who is a peace officer may not take a blood

9 specimen under this chapter regardless of whether the person is

10 otherwise authorized to take a blood specimen under this section.

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

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

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

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

15 Act takes effect September 1, 2009.

1

----------------------------------------------------------

[Guest guest]

It's my understanding your obligated to perform the duties your employed to

do, under your job description, and what your authorized to do under your job

description and state laws. I have family in law enforcement and they don't try

to catch everyone speeding when they are traveling in there personal vehicle,

nor do they try to catch everyone that did a rolling stop sign and pull them

over to give them a ticket. They call the law enforcement agency in that

jurisdiction if they want to. Yes a police officer and do many things under the

badge. I know plenty that work as sackers at HEB and they see folks parking

illegal in handicap spots but they have NEVER gone out and wrote a ticket or

called an officer they know on duty. They just keep sacking the groceries. Just

as well there are plenty of medics they drive by fender benders and even major

accidents and never stop. Yes they are required to stop and render aid, but who

is going to follow all 53,000 medics to see that they do that? Would a judge

order an officer off his job at the local liquor store to the street MVA in

front of the store while he is working there to work the accident or draw blood

in a small 1-2 officer city? Probably not. Remember most folks are in danger

every two years when the legislature is in session.

Ron

Hearing Monday--- HB 823 - As Filed

MessageLaw Enforcement want us to draw blood but they don't. What's

wrong with this picture.? It's up for a hearing Monday. Wouldn't we want

this bill to FAIL and let them handle law enforcement blood draws, since

they are the ones that want the blood draw right then and there, and EMS

handle Medical Emergencies?

Ron

Bill Number: TX81RHB 823 Filed: 01-27-2009

Author: , Sylvester

A BILL TO BE ENTITLED

1 AN ACT

2 relating to the authority of a peace officer to take a blood

3 specimen from a vehicle operator to test for alcohol concentration

4 or other 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 by adding Subsection (d) to read as follows:

8 (d) A person who is a peace officer may not take a blood

9 specimen under this chapter regardless of whether the person is

10 otherwise authorized to take a blood specimen under this section.

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

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

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

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

15 Act takes effect September 1, 2009.

1

----------------------------------------------------------

[Guest guest]

Which law requires a medic to stop and render aid? The Texas Transportation

Code only requires the operator of a vehicle involved in an accident to

stop and render aid. I do not recall a law that even requires a witness to

stop from when I went to the police academy, although it has been a few

years..

Texas Transportation Code

Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The operator of a

vehicle involved in an accident resulting in the injury or death of a person

or damage to a vehicle that is driven or attended by a person shall:

(1) give the operator's name and address, the registration number of the

vehicle the operator was driving, and the name of the operator's motor

vehicle liability insurer to any person injured or the operator or occupant

of or person attending a vehicle involved in the collision;

(2) if requested and available, show the operator's driver's license to a

person described by Subdivision (1); and

(3) provide any person injured in the accident reasonable assistance,

including transporting or making arrangements for transporting the person to

a physician or hospital for medical treatment if it is apparent that

treatment is necessary, or if the injured person requests the

transportation.

Randy E. RN, LP (Retired Peace Officer)

[Guest guest]

Ron,

It is a misconception that EMTs and medics are required to " stop and render

aid. " That law applies only to people and their vehicles who are actually

involved in an accident. There is NO legal duty, either at common law or

by statute, in Texas, that requires any off-duty medic to stop at an

accident and investigate and render aid. Only those currently on duty in their

jurisdiction have a duty to respond. That means that a non-911 service

operating within a 911 jurisdiction has no duty to render aid UNLESS its

contract

with the city or its permit, if any, requires it. In fact, a private

service may be legally precluded from responding to such an incident.

Gene Gandy, JD, LP

>

>

>

> It's my understanding your obligated to perform the duties your employed

> to do, under your job description, and what your authorized to do under your

> job description and state laws. I have family in law enforcement and they

> don't try to catch everyone speeding when they are traveling in there

> personal vehicle, nor do they try to catch everyone that did a rolling stop

sign

> and pull them over to give them a ticket. They call the law enforcement

> agency in that jurisdiction if they want to. Yes a police officer and do many

> things under the badge. I know plenty that work as sackers at HEB and they

> see folks parking illegal in handicap spots but they have NEVER gone out

> and wrote a ticket or called an officer they know on duty. They just keep

> sacking the groceries. Just as well there are plenty of medics they drive by

> fender benders and even major accidents and never stop. Yes they are

> required to stop and render aid, but who is going to follow all 53,000 medics

to

> see that they do that? Would a judge order an officer off his job at the

> local liquor store to the street MVA in front of the store while he is

> working there to work the accident or draw blood in a small 1-2 officer city?

> Probably not. Remember most folks are in danger every two years when the

> legislature is in session.

> Ron

> Hearing Monday--- HB 823 - As Filed

>

> MessageLaw Enforcement want us to draw blood but they don't. What's

> wrong with this picture.? It's up for a hearing Monday. Wouldn't we want

> this bill to FAIL and let them handle law enforcement blood draws, since

> they are the ones that want the blood draw right then and there, and EMS

> handle Medical Emergencies?

> Ron

>

> Bill Number: TX81RHB 823 Filed: 01-27-2009

>

> Author: , Sylvester

>

> A BILL TO BE ENTITLED

>

> 1 AN ACT

>

> 2 relating to the authority of a peace officer to take a blood

>

> 3 specimen from a vehicle operator to test for alcohol concentration

>

> 4 or other 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 by adding Subsection (d) to read as follows:

>

> 8 (d) A person who is a peace officer may not take a blood

>

> 9 specimen under this chapter regardless of whether the person is

>

> 10 otherwise authorized to take a blood specimen under this section.

>

> 11 SECTION 2. This Act takes effect immediately if it receives

>

> 12 a vote of two-thirds of all the members elected to each house, as

>

> 13 provided by Section 39, Article III, Texas Constitution. If this

>

> 14 Act does not receive the vote necessary for immediate effect, this

>

> 15 Act takes effect September 1, 2009.

>

> 1

>

> ------------ -------- -------- -------- -------- --------

>

>

[Guest guest]

Gene,

I knew there was no law. Sorry about that, but I believe there was

something in DSHS rules. I say that because we use to have many, many

discussions about it not long ago, and I doubt the rules have changed. I'll go

search the rules in the couple days and see what I find if any thing.

I was really trying to make the point on law enforcement or any emergency

responders as to some silly laws that get passed, but have no enforcement in

them. I know you have seen to many to count in Texas, as well as other states

and the feds.

Thanks

Ron

Hearing Monday--- HB 823 - As Filed

>

> MessageLaw Enforcement want us to draw blood but they don't. What's

> wrong with this picture.? It's up for a hearing Monday. Wouldn't we want

> this bill to FAIL and let them handle law enforcement blood draws, since

> they are the ones that want the blood draw right then and there, and EMS

> handle Medical Emergencies?

> Ron

>

> Bill Number: TX81RHB 823 Filed: 01-27-2009

>

> Author: , Sylvester

>

> A BILL TO BE ENTITLED

>

> 1 AN ACT

>

> 2 relating to the authority of a peace officer to take a blood

>

> 3 specimen from a vehicle operator to test for alcohol concentration

>

> 4 or other 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 by adding Subsection (d) to read as follows:

>

> 8 (d) A person who is a peace officer may not take a blood

>

> 9 specimen under this chapter regardless of whether the person is

>

> 10 otherwise authorized to take a blood specimen under this section.

>

> 11 SECTION 2. This Act takes effect immediately if it receives

>

> 12 a vote of two-thirds of all the members elected to each house, as

>

> 13 provided by Section 39, Article III, Texas Constitution. If this

>

> 14 Act does not receive the vote necessary for immediate effect, this

>

> 15 Act takes effect September 1, 2009.

>

> 1

>

> ------------ -------- -------- -------- -------- --------

>

>