WILLIAM DONALD SCHAEFER, Governor

Ch. 291

breath be tested for alcohol, then the provisions of § 10-304 of
the Courts and Judicial Proceedings Article shall apply. Any
medical personnel who perform any test required by this section
are not liable for any civil damages as the result of any act or
omission related to such test, not amounting to gross negligence.

(d)  (1) If a police officer has reasonable grounds to
believe an individual has been driving or attempting to drive a
motor vehicle while intoxicated [or] while under the influence of
alcohol, IN VIOLATION OF 49 CFR § 39 2.5, OR IN VIOLATION OF §
16-813 OF THIS TITLE, and if the police officer determines the
individual is unconscious or otherwise incapable of refusing to
take a chemical test for alcohol, the police officer shall:

(i) Obtain prompt medical attention for the
individual;

(ii) If necessary, arrange for removal of the
individual to a nearby medical facility; and

(iii) If a chemical test for alcohol would not
jeopardize the health or well-being of the individual, direct a
qualified medical person to withdraw blood for a chemical test
for alcohol to determine the alcohol [content] CONCENTRATION of
the individual's blood.

(2) If an individual regains consciousness or
otherwise becomes capable of refusing before the taking of a
chemical test to determine the alcohol [content] CONCENTRATION of
the individual's blood, the police officer shall follow the
procedure set forth in subsection (b) or (c) of this section.

(e)  (1) The chemical tests for alcohol may be administered
by an individual who has been examined and is certified by the
Maryland State Police as sufficiently equipped and trained to
administer the tests.

(2) The Maryland State Police may adopt rules and
regulations for the examination and certification of individuals
trained to administer chemical tests for alcohol.

(f)  (1) On receipt of the sworn statement of a police
officer filed under subsection (b) or (c) of this section, the
Administration shall give reasonable notice to the driver, in
accordance with Title 12, Subtitle 2 of this article, to attend a
hearing on a date specified in the notice and show cause why:

(I)   [the] THE driver's license or privilege to
drive should not be suspended; AND

(II)  IF THE DRIVER WAS DETAINED IN A COMMERCIAL
MOTOR VEHICLE, WHY THE DRIVER SHOULD NOT BE DISQUALIFIED FROM
DRIVING A COMMERCIAL MOTOR VEHICLE.

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