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Committee approves clarification allowing health-care providers to refuse law-enforcement blood draws absent court order
Summary
House Bill 391 passed the committee clarifying that qualified health-care providers may refuse law-enforcement requests to draw blood from suspected impaired drivers unless a court order requires the draw, the sponsor said.
The House Health Committee voted to give House Bill 391 a favorable report after the sponsor said the measure clarifies previous law about when a paramedic or other qualified health-care provider may be required to draw blood at law-enforcement request.
Representative Rigsby told the committee that prior language had been interpreted to mean providers must draw blood whenever asked; HB 391 would add language allowing a qualified individual to refuse to draw blood "except as provided by court order." Rigsby said a court order would still require compliance, but on-scene or ambulance-station requests by officers would not force a provider to draw blood if the provider declined.
Committee members questioned the time-sensitive nature of blood tests; the sponsor acknowledged that processing of alcohol and other substances varies by individual factors such as liver function, hydration and food intake, and that earlier sampling is generally more informative.
Representative Gray moved for a favorable report and Representative Holt Jones seconded; the committee approved the bill by voice vote. The committee record did not include a roll-call tally or a written amendment during the session.
The bill text as presented would make refusal permissible for qualified individuals except where a court order is in place; committee action advances the bill to further legislative consideration where practical, medical and legal implications can be examined.
