Ch. 284

LAWS OF MARYLAND

(II)  A CERTIFIED STATEMENT BY THE QUALIFIED
MEDICAL PERSON WHO OBTAINED THE BLOOD SHALL BE PRIMA FACIE
EVIDENCE OF THAT PERSON'S QUALIFICATIONS AND THAT THE BLOOD WAS
OBTAINED IN COMPLIANCE WITH THIS SECTION.

(III)  THE CERTIFIED STATEMENT IS ADMISSIBLE IN
EVIDENCE WITHOUT THE NECESSITY OF THE QUALIFIED MEDICAL PERSON
APPEARING IN COURT.

(2) The [chemical] test of blood shall be
conducted by a qualified person using equipment approved by the
toxicologist under the Postmortem Examiners Commission in a
laboratory approved by [that] THE toxicologist.

[(d) 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, and in
the event no test is offered or requested by the police officer,
the person may request, and the officer shall have administered,
one of the chemical tests provided for in this section.]

(D)(1) THE URINE AND OTHER BODY FLUIDS SHALL BE OBTAINED
BY A QUALIFIED MEDICAL PERSON OR QUALIFIED PERSON USING EQUIPMENT
APPROVED BY THE TOXICOLOGIST UNDER THE POSTMORTEM EXAMINERS
COMMISSION.

(2) THE TEST OF URINE OR OTHER BODY FLUIDS SHALL BE
CONDUCTED BY A QUALIFIED PERSON, USING EQUIPMENT APPROVED BY THE
TOXICOLOGIST UNDER THE POSTMORTEM EXAMINERS COMMISSION IN A
LABORATORY APPROVED BY THE TOXICOLOGIST.

(e) (D) (1) For the purpose of establishing that the
[test] TESTS OF BREATH, BLOOD, URINE, OR OTHER BODY FLUIDS
[was] WERE OF BREATH OR BLOOD WAS administered with equipment
approved by the toxicologist under the Postmortem Examiners
Commission, a statement signed by the toxicologist certifying
that the equipment used in the [test has] TESTS HAVE 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 court.

(2) (I) IF A DEFENDANT DESIRES THE TOXICOLOGIST TO BE
PRESENT AND TESTIFY AT TRIAL AS A DEFENSE WITNESS, THE DEFENDANT
SHALL FILE A REQUEST FOR A SUBPOENA FOR THE TOXICOLOGIST AT LEAST
30 20 DAYS BEFORE THE TRIAL IN THE APPROPRIATE COURT.

(II) IF THE CASE IS TRANSFERRED TO THE CIRCUIT
COURT FROM DISTRICT COURT IF THE DISTRICT COURT IS DEPRIVED OF
JURISDICTION UNDER CIRCUMSTANCES IN WHICH A DEFENDANT IS ENTITLED
TO AND DEMANDS A JURY TRIAL, OR APPEALS FROM THE DISTRICT COURT
TO THE CIRCUIT COURT, ANOTHER SUBPOENA MUST BE FILED AT LEAST 30
20 DAYS BEFORE THE TRIAL IN THE CIRCUIT COURT.

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