HARRY HUGHES, Governor                               755

Approved April 8, 1980.

CHAPTER 41

(Senate Bill 86)

AN ACT concerning

Motor Vehicles - Tests for Intoxication

FOR the purpose of changing definitions; deleting the
requirement that a certain police officer request a
breath test; providing that certain people may draw
blood and certain people may conduct the blood test and
breath tests; clarifying language; and generally
relating to the administration of tests for alcohol or
drug content of the blood.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings
Section 10-302, 10-304(a), (b), and (c)
Annotated Code of Maryland
(1974 Volume and 1979 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Courts and Judicial Proceedings

10-302.

In a prosecution for a violation of a law concerning a
person who is driving or attempting to drive a vehicle in
violation of § 21-902 of the Transportation Article, a
chemical test of his breath or blood may be administered to
the person for the purpose of determining the [alcoholic]
ALCOHOL OR DRUG content of his blood.

10-304.

(a) ["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.] (1) IN THIS
SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

(2) "QUALIFIED MEDICAL PERSON" MEANS ANY PERSON
PERMITTED BY LAW TO WITHDRAW BLOOD FROM HUMANS.