A criminal justice or law enforcement agency or DNA laboratory may not collect, and the department may not accept, a blood sample or other specimen taken from a person who is not deceased, whether submitted voluntarily or as required by this chapter, unless the sample or specimen is collected in a medically approved manner by:

1. (1) a physician, registered nurse, licensed vocational nurse, licensed clinical laboratory technologist; or
2. (2) another person who is trained to properly collect blood samples or other specimens and supervised by a licensed physician.

Source Note:The provisions of this §28.4 adopted to be effective June 27, 1996, 21 TexReg 5748.