WILLIAM DONALD SCHAEFER, Governor

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 to withdraw blood from humans.

(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.

(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) (II) 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.

(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 on 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.]

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