Sec. 724.017. TAKING OF BLOOD SPECIMEN. (a) Only the following 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.
(b) If the blood specimen was taken according to recognized medical procedures, the person who takes the blood specimen under this chapter, the facility that employs the person who takes the blood specimen, or the hospital where the blood specimen is taken is immune from civil liability for damages arising from the taking of the blood specimen at the request or order of the peace officer or pursuant to a search warrant as provided by this chapter and is not subject to discipline by any licensing or accrediting agency or body. This subsection does not relieve a person from liability for negligence in the taking of a blood specimen. The taking of a specimen from a person who objects to the taking of the specimen or who is resisting the taking of the specimen does not in itself constitute negligence and may not be considered evidence of negligence.
(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.
(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.
(d) A person whose blood specimen is taken under this chapter in a hospital is not considered to be present in the hospital for medical screening or treatment unless the appropriate hospital personnel determine that medical screening or treatment is required for proper medical care of the person.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1348 (S.B. 328), Sec. 19, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 247 (H.B. 434), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 247 (H.B. 434), Sec. 2, eff. September 1, 2013.
Notes of Decisions
Cited in
94
cases (
7 in the last 5 years), 1997–2025 · leading case:
State v. Robinson, 334 S.W.3d 776 (Tex. Crim. App. 2011).
State v. Robinson, 334 S.W.3d 776 (Tex. Crim. App. 2011).
· cites it 8× “Texas Transportation Code Section 724.017 is a guideline for how a sanitary and uncontaminated blood sample should be taken.”
State v. Laird, 38 S.W.3d 707 (Tex. App. 2001).
· cites it 7× “See Tex. Transp. Code Ann. § 724.017 ; Tex.Code Crim.”
State v. Johnston, 336 S.W.3d 649 (Tex. Crim. App. 2011).
· cites it 4× “[47] TEX. TRANSP. CODE ANN. § 724.017 (Vernon 1999).”
Krause v. State, 405 S.W.3d 82 (Tex. Crim. App. 2013).
· cites it 8× “Lopez is just the sort of “qualified technician” that the legislature had in mind when it established rules for who should be performing blood draws pursuant to Texas Transportation Code § 724.017. With these comments, I join the opinion of the Court.”
Texas Dep't of Pub. Saf. v. Hutcheson, 235 S.W.3d 312 (Tex. App. 2007).
· cites it 6× “Tex. Transp. Code Ann. § 724.017 . The statute is so specific that we have previously held that even a phlebotomist employed at a hospital, absent evidence of her qualifications, cannot be classified under section 724.”
State v. Robinson, 325 S.W.3d 212 (Tex. App. 2010).
· cites it 10× “He raised a number of grounds upon which the blood evidence should be suppressed, including that it was without a warrant, was drawn without his consent, and that it was not taken in accordance with Texas Transportation Code section 724.017 and should, therefore, be suppressed…”
Torres v. State, 109 S.W.3d 602 (Tex. App. 2003).
· cites it 3× “See Tex. Transp. Code Ann. § 724.017 (a) (Vernon 1999).”
State v. Johnston, 305 S.W.3d 746 (Tex. App. 2009).
· cites it 3× “3d at 615 (emphasis added); see Tex. Transp. Code Ann. § 724.017 (a) (Vernon Supp.”
State v. Paul Guzman, 439 S.W.3d 482 (Tex. App. 2014).
· cites it 4× “The trial court granted appellee’s motion to suppress and issued the following findings of fact and conclusions of law: The court finds that under [Texas Transportation Code section 724.017], the person drawing the blood must have special training.”
Douds, Kenneth Lee, 472 S.W.3d 670 (Tex. Crim. App. 2015).
“” In áddition to these ' proposed bases' for suppressing the evidence, appellant additionally complained that his blood was not taken within a reasonable period of time and that the person who withdrew his blood was not a qualified technician within the meaning of Tex.”
— Tex. Transp. Code § 724.017(3) — 1 case
— Tex. Transp. Code § 724.017(a) — 30 cases
State v. Robinson, 334 S.W.3d 776 (Tex. Crim. App. 2011).
“Texas Transportation Code Section 724.017 is a guideline for how a sanitary and uncontaminated blood sample should be taken.”
State v. Johnston, 336 S.W.3d 649 (Tex. Crim. App. 2011).
“[47] TEX. TRANSP. CODE ANN. § 724.017 (Vernon 1999).”
State v. Johnston, 305 S.W.3d 746 (Tex. App. 2009).
“3d at 615 (emphasis added); see Tex. Transp. Code Ann. § 724.017 (a) (Vernon Supp.”
Krause v. State, 405 S.W.3d 82 (Tex. Crim. App. 2013).
“Lopez is just the sort of “qualified technician” that the legislature had in mind when it established rules for who should be performing blood draws pursuant to Texas Transportation Code § 724.017. With these comments, I join the opinion of the Court.”
— Tex. Transp. Code § 724.017(a)(1) — 1 case
— Tex. Transp. Code § 724.017(a)(5) — 1 case
— Tex. Transp. Code § 724.017(b) — 1 case
— Tex. Transp. Code § 724.017(c) — 4 cases
State v. Laird, 38 S.W.3d 707 (Tex. App. 2001).
“See Tex. Transp. Code Ann. § 724.017 ; Tex.Code Crim.”
Krause v. State, 405 S.W.3d 82 (Tex. Crim. App. 2013).
“Lopez is just the sort of “qualified technician” that the legislature had in mind when it established rules for who should be performing blood draws pursuant to Texas Transportation Code § 724.017. With these comments, I join the opinion of the Court.”
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