WILLIAM DONALD SCHAEFER, Governor Ch. 284

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of

Maryland 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 § 16-113 OR § 21-902 of the Transportation Article
[or in violation of an alcohol restriction], OR IN VIOLATION OF
ARTICLE 27, § 388 OR § 388A OF THE CODE, [a chemical test]
TESTS of [his] THE PERSON'S breath, [or] blood, URINE, OR OTHER
BODY OF THE PERSON'S BREATH OR BLOOD FLUIDS may be administered
[to the person] for the purpose of determining [the alcohol
content of his blood] THE DRUG CONTENT OR ALCOHOL CONCENTRATION
OR BOTH OF THE PERSON'S BODY THE ALCOHOL CONCENTRATION OF THE
PERSON'S BODY.

10-303.

The specimen of breath or blood FOR THE PURPOSE OF TESTING
FOR ALCOHOL CONCENTRATION shall be taken within [two] 2 hours
after the person accused is apprehended.

10-304.

(a)  (1) In this section the following words have the
meanings indicated.

(2)  "Qualified medical person" means any person
permitted by law OR AS OTHERWISE AUTHORIZED to withdraw blood
from humans BY THE SECRETARY OF HEALTH AND MENTAL HYGIENE OR THE
SECRETARY'S DESIGNEE.

(3)   "Qualified person" means a person who has
received training in the use of the equipment in a training
program approved by the toxicologist under the Postmortem
Examiners Commission and who is either a police officer, a police
employee, [or] an employee of the office of the Chief Medical
Examiner, OR A PERSON AUTHORIZED BY THE TOXICOLOGISTS UNDER THE
POSTMORTEM EXAMINER'S COMMISSION.

(b)  The [chemical] test of breath shall be administered
by a qualified person with equipment approved by the toxicologist
under the Postmortem Examiners Commission at the direction of a
police officer. The officer arresting the individual may not
administer the [chemical] test of breath.

(c)  (1) (I) The blood shall be obtained by a qualified
medical person using equipment approved by the toxicologist under
the Postmortem Examiners Commission acting at the request of a
police officer.

- 2347 -