756

LAWS OF MARYLAND

Ch. 41

(3) "QUALIFIED PERSON" MEANS A PERSON 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 AND WHO IS EITHER A POLICE OFFICER, A POLICE
EMPLOYEE, OR AN EMPLOYEE OF THE OFFICE OF THE CHIEF MEDICAL
EXAMINER.

(b)  The chemical test of breath 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 . intoxicated or while his driving ability was
impaired by the consumption of alcohol].

(c)  [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.] THE BLOOD
SHALL BE OBTAINED BY A QUALIFIED MEDICAL PERSON USING
EQUIPMENT APPROVED BY THE TOXICOLOGIST OF THE OFFICE OF THE
CHIEF MEDICAL EXAMINER OF THE DEPARTMENT OF POSTMORTEM
EXAMINERS ACTING AT THE REQUEST OF A POLICE OFFICER. THE
CHEMICAL TEST OF BLOOD SHALL BE CONDUCTED BY A QUALIFIED
PERSON USING EQUIPMENT APPROVED BY THE TOXICOLOGIST OF THE
OFFICE OF THE CHIEF MEDICAL EXAMINER OF THE DEPARTMENT OF
POSTMORTEM EXAMINERS IN A LABORATORY APPROVED BY THE
TOXICOLOGIST OF THE OFFICE OF THE CHIEF MEDICAL EXAMINER OF
THE DEPARTMENT OF POSTMORTEM EXAMINERS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved April 8, 1980.

CHAPTER 42

(Senate Bill 88)

AN ACT concerning

Decedents' Estates - Duties of Special Administrator

FOR the purpose of providing that a special administrator of
an estate shall assume certain duties and powers of a
personal representative.

BY repealing and reenacting, with amendments,

Article - Estates and Trusts

Section 6-403

Annotated Code of Maryland

(1974 Volume and 1979 Supplement)