Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION
Chapter 10.35.02 - Testing Blood and Breath for Alcohol
Section 10.35.02.09 - Evidentiary Tests of Blood for Alcohol
Universal Citation: MD Code Reg 10.35.02.09
Current through Register Vol. 51, No. 19, September 20, 2024
A. Laboratories and Procedures for Analysis.
(1) Laboratories.
(a) The Department of Maryland State Police
Forensic Sciences Division is an approved laboratory to conduct tests of blood
for alcohol.
(b) Approval by the
Toxicologist of any other laboratory is required before it may perform any test
of blood for alcohol in accordance with of the Courts and Judicial Proceedings
Article, §10-304,
Annotated Code of Maryland.
(c) An
individual may receive a copy of the list of currently approved laboratories
from the Office of the Chief Medical Examiner at no charge.
(2) Equipment and Procedures for
Analysis.
(a) The Toxicologist shall approve
all equipment and analytical procedures for the testing of blood for
alcohol.
(b) Approved equipment
shall be calibrated with alcohol calibration solution or solutions provided by
or otherwise approved by the Toxicologist.
(c) The calibration shall be checked using an
alcohol control solution:
(i) Provided by or
otherwise approved by the Toxicologist; and
(ii) Analyzed adjacent to each evidentiary
test of blood.
(d)
Alcohol control solution test results may not deviate greater than plus or
minus 0.010 g/100 mL from its stated concentration.
(e) The laboratory shall perform evidentiary
tests of blood for alcohol in duplicate and the duplicate results may not
deviate greater than plus or minus 0.010 g/100 mL.
(f) For subject tests, the lower of the
duplicate results shall be truncated to the second decimal place and reported
as the result of the blood test.
B. Personnel.
(1) Qualified Medical Personnel. Any
qualified medical person is approved to withdraw blood for the testing of blood
for alcohol content.
(2) Analyst.
(a) The Toxicologist shall certify an analyst
performing tests of blood for alcohol content as a qualified person.
(b) The Toxicologist shall:
(i) Review the credentials of the
analyst;
(ii) Direct a program of
training as necessary; and
(iii)
Set standards for maintenance of proficiency.
(c) The Toxicologist shall recertify the
analyst on a regular basis.
(d) A
certified analyst shall perform at least one batch of subject specimens or
proficiency specimens annually.
C. Procedures for Administering an Evidentiary Test of Blood for Alcohol.
(1) The
blood specimen shall be withdrawn by qualified medical personnel.
(2) Blood sampling equipment shall be
approved by the Toxicologist.
(3)
The arresting officer or another law enforcement officer may witness the
withdrawal of the blood.
(4) The
law enforcement officer shall:
(a) Fill out
all forms contained in the approved blood sampling equipment kit; and
(b) Be certain all seals are signed and
properly affixed.
(5)
The sample shall be delivered by messenger or mail to the Department of
Maryland State Police in containers provided with the sampling
equipment.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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