388                              LAWS OF MARYLAND                      [CH. 158

IF FACILITIES OR EQUIPMENT ARE NOT AVAILABLE FOR
SUCH TEST THEN NONE SHALL BE GIVEN, AND THIS FACT
SHALL NOT CREATE ANY INFERENCE OR PRESUMPTION
CONCERNING EITHER HIS GUILT OR INNOCENCE BY REA-
SON OF HIS INABILITY TO TAKE A TEST, NOR SHALL THE
FACT OF HIS INABILITY TO TAKE SUCH A TEST BE ADMIS-
SIBLE IN EVIDENCE AT HIS TRIAL, NOR SHALL THIS FACT
BE CONSIDERED A REFUSAL TO TAKE A TEST UNDER SEC-
TION 92A OF THIS ARTICLE.

(d)    Only a physician, or qualified medical personnel, acting at
the request of a police officer, or a person acting at the request of a
physician, can withdraw blood for the purpose of determining the
alcoholic content therein. This limitation does not apply to the
taking of a breath test or a urine specimen.

(e)     The person tested shall be permitted to have a physician of
his own choosing administer a chemical test in addition to the one
administered at the direction of the police officer.

(f)    Upon the request of the person who was tested, the results
of the test will be made available to him before trial by an official
certificate which shall be admissible in evidence.

(g)    For the purpose of establishing that the test was adminis-
tered with equipment approved by the toxicologist of the office of the
chief medical examiner of the Department of Post-Mortem Exami-
ners, as required by subsection (a) of this section, a statement signed
by the toxicologist certifying that the equipment used in the test
has been approved by him shall be prima facie evidence of the
approval and the statement shall be admissible in evidence without
the necessity of the toxicologist personally appearing in court. This
section shall not preclude the right to introduce any other competent
evidence bearing upon the date of the certificate or change in the
equipment since the date of the certificate.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1969.

Approved April 23, 1969.

CHAPTER 158
(House Bill 852)

AN ACT to add new Section 92A to Article 66˝ of the Annotated
Code of Maryland (1967 Replacement Volume, 1968 Cumulative
Supplement), title "Motor Vehicles," subtitle "Administration—
Registration—Titling," to follow immediately after Section 92
thereof; and to add new Section 104A to the same Article to follow
immediately after Section 104 thereof; to repeal and re-enact,
with amendments, Section 114A(a) of the same Article, sub-
title "Point System," and to repeal Section 206 of the same Article,
subtitle "Operating Vehicles upon Highways," and to enact new
Section 206 to stand in the place and stead of the Section so
repealed; to provide as a condition to obtaining or renewing a