310                                            LAWS OF MARYLAND                                [Ch. 2

derived from Art. 35, §100(a). Style and
language are changed in subdividing this long
subsection.

SEC. 10-304. PERSON ADMINISTERING THE TEST.

(A)   DEFINITION.

"QUALIFIED PERSON" MEANS A PHYSICIAN, A POLICE
OFFICER, OR A POLICE EMPLOYEE WHO HAS RECEIVED
TRAINING IN THE USE OF THE EQUIPMENT IN A TRAINING
PROGRAM APPROVED BY THE TOXICOLOGIST OF THE OFFICE OF
THE CHIEF MEDICAL EXAMINER OF THE DEPARTMENT OF
POSTMORTEM EXAMINERS.

(B)   BREATH AND URINE TEST.

THE CHEMICAL TEST OF BREATH OR URINE SHALL BE
ADMINISTERED BY A QUALIFIED PERSON WITH EQUIPMENT
APPROVED BY THE TOXICOLOGIST OF THE OFFICE OF THE
CHIEF MEDICAL EXAMINER OF THE DEPARTMENT OF POSTMORTEM
EXAMINERS AT THE DIRECTION OF A POLICE OFFICER MAKING
THE CHARGE THAT THE PERSON WAS DRIVING WHILE UNDER THE
INFLUENCE OF OR IMPAIRED BY THE CONSUMPTION OF
INTOXICATING LIQUOR.

(C)   BLOOD TEST.

THE CHEMICAL TEST OF BLOOD MAY BE ADMINISTERED
ONLY BY A PHYSICIAN OR QUALIFIED MEDICAL PERSON,
ACTING AT THE REQUEST OF A POLICE OFFICER OR A
PHYSICIAN.

(D)   PHYSICIAN OF ACCUSED CHOOSING.

THE PERSON TESTED IS 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.

(E)   PROOF OF APPROVED EQUIPMENT.

FOR THE PURPOSE OF ESTABLISHING THAT THE TEST WAS
ADMINISTERED WITH EQUIPMENT APPROVED BY THE
TOXICOLOGIST OF THE OFFICE OF THE CHIEF MEDICAL
EXAMINER OF THE DEPARTMENT OF POSTMORTEM EXAMINERS, A
STATEMENT SIGNED BY THE TOXICOIOGIST CERTIFYING THAT
THE EQUIPMENT USED IN THE TEST HAS BEEN APPROVED BY
HIM SHALL BE PRIMA FACIE EVIDENCE OF THE APPROVAL, AND
THE STATEMENT IS ADMISSIBLE IN EVIDENCE WITHOUT THE
NECESSITY OF THE TOXICOLOGIST PERSONALLY APPEARING IN