LD 1600
pg. 81
Page 80 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 82 of 360
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LR 2121
Item 1

 
H.__A person certified by the Maine Criminal Justice
Academy, under certification standards set by the academy,
as qualified to operate approved self-contained, breath-
alcohol testing apparatuses may operate those apparatuses to
collect and analyze a sample specimen of a defendant's
breath.

 
6.__Liability.__A physician, physician's assistant, registered
nurse, person certified by the Department of Human Services or
hospital or other health care provider in the exercise of due
care is not liable in damages or otherwise for any act done or
omitted in performing the act of collecting or withdrawing
specimens of blood at the request of a law enforcement officer
pursuant to this section.

 
7.__Evidence.__The percentage by weight of alcohol in the
defendant's blood at the time alleged and the concentration of
drugs at the time alleged, as shown by the chemical analysis of
the defendant's blood, breath or urine or by any test authorized
by subsection 5 is admissible in evidence.

 
A.__When a person certified under subsection 5 conducts a
chemical analysis of blood, breath or urine to determine
blood-alcohol level or drug concentration, the person may
issue a certificate stating the results of the analysis.__
That certificate, when duly signed and sworn to by the
certified person, is admissible in evidence in any court of
the State.__It is prima facie evidence that the person
taking a specimen of blood or urine was a person authorized
by subsection 5; that the equipment, chemicals and other
materials used in the taking of the blood or urine specimen
or a breath sample were of a quality appropriate for the
purpose of producing reliable test results; that any
equipment, chemicals or materials required by subsection 5
to be approved by the Department of Human Services were in
fact approved; that the sample tested by the person
certified under subsection 5 was in fact the same sample
taken from the defendant; and that the drug concentration or
percentage by weight of alcohol in the defendant's blood
was, at the time the blood, breath or urine sample was
taken, as stated in the certificate, unless with 10 days'
written notice to the prosecution, the defendant requests
that a qualified witness testify as to any of the matters as
to which the certificate constitutes prima facie evidence.__
The notice must specify those matters concerning which the
defendant requests testimony.

 
B.__A person certified under subsection 5 as qualified to
operate a self-contained, breath-alcohol testing apparatus
to determine the blood-alcohol level may issue a certificate


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