WILLIAM DONALD SCHAEFER, Governor Ch. 11

or in violation of § 16-813 of this title, the person shall be required to submit to a test
OF THE PERSON'S BLOOD OR BREATH, as directed by the officer, to determine
[the] alcohol concentration [of the person's blood or breath].

(2) If a police officer directs that a person's blood or breath be tested [for]
TO DETERMINE alcohol CONCENTRATION, then the provisions of § 10-304 of the
Courts and Judicial Proceedings Article shall apply.

(3) Any medical personnel who perform any test required by this section
are not liable for any civil damages as the result of any act or omission related to such
test, not amounting to gross negligence.

(d) (1) If a police officer has reasonable grounds to believe THAT a person
has been driving or attempting to drive a motor vehicle while [intoxicated or]
INTOXICATED, while under the influence of alcohol, in violation of 19 CFR § 392. 5,
or in violation of § 16-813 of this title, and if the police officer determines THAT the
person is unconscious or otherwise incapable of refusing to take a test [for] TO
DETERMINE alcohol CONCENTRATION, the police officer shall:

(i) Obtain prompt medical attention for the person;

(ii) If necessary, arrange for removal of the person to a nearby
medical facility; and

(iii) If a test [for] TO DETERMINE alcohol CONCENTRATION
would not jeopardize the health or well-being of the person, direct a qualified medical
person to withdraw blood for a test to determine [the] alcohol concentration [of the
person's body].

(2) If a person regains consciousness or otherwise becomes capable of
refusing before the taking of a test to determine [the] alcohol concentration [of the
person's body], the police officer shall follow the procedure set forth in subsection (b)
or (c) of this section.

(e) (1) The tests [for] TO DETERMINE alcohol CONCENTRATION may
be administered by an individual who has been examined and is certified by the
Maryland State Police as sufficiently equipped and trained to administer the tests.

(2) The Maryland State Police may adopt [rules and] regulations for the
examination and certification of individuals trained to administer tests [for] TO
DETERMINE alcohol CONCENTRATION.

(f) [(1) On receipt of the sworn statement of a police officer filed under
subsection (b) or (c) of this section, the Administration shall give reasonable notice to
the driver, in accordance with Title 12, Subtitle 2 of this article, to attend a hearing on
a date specified in the notice and show cause why:

(i) The driver's license or privilege to drive should not be suspended;
and

(ii) If the driver was detained in a commercial motor vehicle, why the
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