LD 1600
pg. 79
Page 78 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 80 of 360
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LR 2121
Item 1

 
5.__Administration of tests.__Persons conducting analyses of
blood, breath or urine for the purpose of determining the blood-
alcohol level or drug concentration must be certified for each
purpose by the Department of Human Services under certification
standards set by that department.

 
A.__Only a duly licensed physician, registered physician's
assistant, registered nurse or a person certified by the
Department of Human Services under certification standards
set by that department, acting at the request of a law
enforcement officer, may draw a specimen of blood to
determine the blood-alcohol level or drug concentration of a
person who is complying with the duty to submit to a
chemical test.__This limitation does not apply to the taking
of breath or urine specimens.__When a person draws a
specimen of blood at the request of a law enforcement
officer, that person may issue a certificate that states
that the person is in fact a duly licensed or certified
person as required by this subsection and that the person
followed the proper procedure for drawing a specimen of
blood to determine the blood-alcohol level or drug
concentration.__That certificate, when duly signed and sworn
to by the person, is admissible as evidence in any court of
the State.__It is prima facie evidence that the person was
duly licensed or certified and that the person followed the
proper procedure for drawing a specimen of blood for
chemical testing, unless, with 10 days' written notice to
the prosecution, the defendant requests that the person
testify as to licensure or certification, or the procedure
for drawing the specimen of blood.

 
B.__A law enforcement officer may take a sample specimen of
the breath or urine of any person whom the officer has
probable cause to believe hunted wild animals or wild birds
or operated or attempted to operate a watercraft, snowmobile
or ATV while under the influence of intoxicating liquor or
drugs and who is complying with the duty to submit to and
complete a chemical test.__The sample specimen must be
submitted to the Department of Human Services or a person
certified by the Department of Human Services for the
purpose of conducting chemical tests of the sample specimen
to determine the blood-alcohol level or drug concentration
of that sample.

 
C.__Only equipment approved by the Department of Human
Services may be used by a law enforcement officer to take a
sample specimen of the defendant's breath or urine for
submission to the Department of Human Services or a person
certified by the Department of Human Services for the
purpose of conducting tests of the sample specimen to


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