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PARRIS N: GLENDENING, Governor
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Ch. 629
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(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, an employee of the office of the Chief Medical Examiner, or a person
authorized by the toxicologist under the Postmortem Examiners Commission.
(b) (1) The 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.
(2) The officer arresting the individual may not administer the 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.
(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) 1. A certified statement that complies with the requirements
of this paragraph is admissible as substantive evidence without the presence or
testimony of the qualified medical person who obtained the blood.
2. If the State decides to offer the certified statement without
the testimony of the qualified medical person, the State shall, at least 30 days before
trial, notify the defendant or the defendant's attorney in writing of the State's
intention and deliver to the defendant or the defendant's attorney a copy of the
certified statement to be offered.
3. 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 a circuit court, the State is not required to file a second
notice.
(iv) 1. If the defendant desires the qualified medical person to be
present and testify at trial, the defendant shall notify the court and the State in
writing no later than 20 days before trial.
2. 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 a circuit court, the defendant shall notify the circuit court
and the State in writing no later than 20 days before trial.
3. If the timely and proper notice required under this
subparagraph is provided by the defendant, the certified statement is inadmissible
without the testimony of the qualified medical person.
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- 3273 -
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