A criminal justice or law enforcement agency or DNA laboratory may not collect, and the director may not accept, a sample taken from a person who is not deceased, whether submitted voluntarily or as required by this chapter, unless:

1. (1) a blood sample is collected in a medically approved manner by:

   1. (A) a physician, registered nurse, licensed vocational nurse, licensed clinical laboratory technologist; or
   2. (B) another person who is trained to properly collect blood samples and supervised by a licensed physician; or
2. (2) a sample other than blood is collected in a manner approved by the director in a policy adopted under this chapter.

Source Note:The provisions of this §28.4 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2370.