An Act to Permit the Use of Oral Fluid Testing in Determining the
Maine Legislature, Session 132, LD 1135
Committee: Criminal Justice and Public Safety
Sponsors: CYRWAY, NUTTING
Amends: 6 MRSA §204, 6 MRSA §205, 12 MRSA §10702, 12 MRSA §10703, 16 MRSA §357, 29-A MRSA §2401, 29-A MRSA §2431, 29-A MRSA §2432, 29-A MRSA §2453-A, 29-A MRSA §2472, 29-A MRSA §2521, 29-A MRSA §2524, 29-A MRSA §2525

Legislative Document
No. 1135
S.P. 463
In Senate, March 18, 2025
An Act to Permit the Use of Oral Fluid Testing in Determining the 
Intoxication of Drivers, Aircraft Operators and Hunters
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative NUTTING of Oakland and
Senators: BALDACCI of Penobscot, TIMBERLAKE of Androscoggin, Representatives: 
ARDELL of Monticello, BUNKER of Farmington, HASENFUS of Readfield, LAJOIE of 
Lewiston, MCINTYRE of Lowell, PERKINS of Dover-Foxcroft.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  6 MRSA §204, as amended by PL 2009, c. 447, §3, is further amended to 
read:
§204.  Implied consent to chemical tests
A person who operates or attempts to operate an aircraft within this State has a duty to 
submit to chemical testing to determine that person's alcohol level and drug concentration 
by analysis of blood, breath or, urine or oral fluid if there is probable cause to believe that 
the person has operated or attempted to operate an aircraft while under the influence of 
intoxicating liquor or drugs.  The duty to submit to a chemical test includes the duty to 
complete either a blood, breath or, urine or oral fluid test.  Tests and procedures applicable 
in determining whether a person is under the influence are governed by section 205.
Sec. 2.  6 MRSA §205, sub-§5, as amended by PL 2019, c. 627, Pt. B, §1, is further 
amended to read:
5.  Administration of tests.  Persons conducting analyses of blood, breath or, urine or 
oral fluid for the purpose of determining the alcohol level or drug concentration must be 
certified for this purpose by the Department of Health and Human Services under 
certification standards set by that department.
Only a duly licensed physician, licensed physician assistant, registered nurse or a person 
certified by the Department of Health and 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 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 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 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 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.
A law enforcement officer may take a sample specimen of the breath or, urine or oral fluid 
of any person whom the officer has probable cause to believe operated or attempted to 
operate an aircraft 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 Health and Human Services or a person certified 
by the Department of Health and Human Services for the purpose of conducting chemical 
tests of the sample specimen to determine the alcohol level or drug concentration of that 
sample.
Only equipment approved by the Department of Health and Human Services may be used 
by a law enforcement officer to take a sample specimen of the defendant's breath or, urine 
or oral fluid for submission to the Department of Health and Human Services or a person 
certified by the Department of Health and Human Services for the purpose of conducting 
tests of the sample specimen to determine the alcohol level or drug concentration of that 
sample.  Approved equipment must have a stamp of approval affixed by the Department of 
Health and Human Services.  Evidence that the equipment was in a sealed carton bearing 
the stamp of approval must be accepted in court as prima facie evidence that the equipment 
was approved by the Department of Health and Human Services for use by the law 
enforcement officer to take the sample specimen of the defendant's breath or, urine or oral 
fluid.
As an alternative to the method of breath testing described in this subsection, a law 
enforcement officer may test the breath of any person whom the officer has probable cause 
to believe operated or attempted to operate an aircraft while under the influence of 
intoxicating liquor or drugs, by use of a self-contained, breath-alcohol testing apparatus to 
determine the person's alcohol level, as long as the testing apparatus is reasonably available.  
The procedures for the operation and testing of self-contained, breath-alcohol testing 
apparatuses must be as provided by rule adopted by the Department of Health and Human 
Services.  The result of any such test must be accepted as prima facie evidence of the 
alcohol level of a person in any court.
Approved self-contained, breath-alcohol testing apparatuses must have a stamp of approval 
affixed by the Department of Health and Human Services after periodic testing.  That stamp 
of approval is valid for a limited period of no more than one year.  Testimony or other 
evidence that the equipment was bearing the stamp of approval must be accepted in court 
as prima facie evidence that the equipment was approved by the Department of Health and 
Human Services for use by the law enforcement officer to collect and analyze a sample 
specimen of the defendant's breath.
Failure to comply with any provision of this subsection or with any rule adopted under this 
subsection does not, by itself, result in the exclusion of evidence of alcohol level or drug 
concentration, unless the evidence is determined to be not sufficiently reliable.
Testimony or other evidence that any materials used in operating or checking the operation 
of the equipment were bearing a statement of the manufacturer or of the Department of 
Health and Human Services must be accepted in court as prima facie evidence that the 
materials were of a composition and quality as stated.
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.
Sec. 3.  6 MRSA §205, sub-§7, as amended by PL 2009, c. 447, §4, is further 
amended to read:
7.  Evidence.  The drug concentration in the defendant's blood or the defendant's 
alcohol level at the time alleged, as shown by the chemical analysis of the defendant's 
blood, breath or, urine or oral fluid or by results of a self-contained, breath-alcohol testing 
apparatus authorized by subsection 5 is admissible in evidence.
When a person, certified under subsection 5, conducts a chemical analysis of blood or 
breath to determine alcohol level, 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 or oral fluid was a person authorized by subsection 5; 
that the equipment, chemicals and other materials used in the taking of the blood or, urine 
or oral fluid 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 Health and 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 in the defendant's 
blood or the defendant's alcohol level was, at the time the blood or breath 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.
A person certified under subsection 5 as qualified to operate a self-contained, breath-
alcohol testing apparatus to determine the alcohol level 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 defendant's alcohol level was, at the time the breath sample was taken, as stated in the 
certificate, unless, with 10 days' written notice to the prosecution, the defendant requests 
that the operator or other qualified witness testify as to the results of the analysis.
Transfer of sample specimens to and from a laboratory for purposes of analysis is by 
certified or registered mail and, when so made, is deemed to comply with all requirements 
regarding the continuity of custody of physical evidence.
The failure of a person to comply with the duty to submit to and complete a chemical test 
under section 204 is admissible in evidence on the issue of whether that person was under 
the influence of intoxicating liquor or drugs.  If the law enforcement officer having 
probable cause to believe that the person operated or attempted to operate an aircraft while 
under the influence of intoxicating liquor or drugs fails to give either of the warnings 
required under subsection 2, the failure of the person to comply with the duty to submit to 
a chemical test is not admissible, except when a test was required pursuant to subsection 
11.  If a failure to submit to and complete a chemical test is not admitted into evidence, the 
court may inform the jury of the fact that no test result is available.
If a test result is not available for a reason other than failing to comply with the duty to 
submit to and complete a chemical test, the unavailability and the reason are admissible in 
evidence.
Sec. 4.  6 MRSA §205, sub-§11, as amended by PL 2009, c. 447, §4, is further 
amended to read:
11.  Fatalities.  Notwithstanding any other provision of this section, an operator of an 
aircraft who is involved in an aircraft accident that results in the death of a person must 
submit to and complete a chemical test to determine that person's alcohol level or drug 
concentration by analysis of blood, breath or, urine or oral fluid.  A law enforcement officer 
may determine which type of test will be administered.  The result of a test taken pursuant 
to this subsection is not admissible at trial unless the court is satisfied that probable cause 
exists, independent of the test result, to believe that the operator was under the influence of 
intoxicating liquor or drugs or had an excessive alcohol level.
Sec. 5.  12 MRSA §10702, sub-§1, as amended by PL 2009, c. 447, §9, is further 
amended to read:
1.  Duty to submit.  A person who hunts wild animals or wild birds or operates or 
attempts to operate a watercraft, snowmobile or ATV within this State has a duty to submit 
to a test to determine that person's alcohol level or drug concentration by analysis of blood, 
breath or, urine or oral fluid if there is probable cause to believe that the person is hunting 
wild animals or wild birds or operating or attempting to operate a watercraft, snowmobile 
or ATV while under the influence of intoxicating liquor or drugs.  The duty to submit to an 
alcohol level or drug concentration test includes the duty to complete either a blood, breath 
or, urine or oral fluid test or any combination of those tests.  Tests and procedures for 
determining whether a person is under the influence of intoxicating liquor or drugs are 
governed by section 10703.
Sec. 6.  12 MRSA §10703, sub-§5, as amended by PL 2019, c. 627, Pt. B, §2, is 
further amended to read:
5.  Administration of tests.  Persons conducting analyses of blood, breath or, urine or 
oral fluid for the purpose of determining an alcohol level or drug concentration must be 
certified for each purpose by the Department of Health and Human Services under 
certification standards set by that department.
A.  Only a physician, licensed physician assistant, registered nurse or person whose 
occupational license or training allows that person to draw blood samples may draw a 
specimen of blood for the purpose of determining the blood-alcohol level or the 
presence of a drug or drug metabolite.  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 an 
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 or 
oral fluid 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 Health and Human Services or a person certified by 
the Department of Health and Human Services for the purpose of conducting chemical 
tests of the sample specimen to determine an alcohol level or drug concentration of that 
sample.
C.  Only equipment approved by the Department of Health and Human Services may 
be used by a law enforcement officer to take a sample specimen of the defendant's 
breath or, urine or oral fluid for submission to the Department of Health and Human 
Services or a person certified by the Department of Health and Human Services for the 
purpose of conducting tests of the sample specimen to determine an alcohol level or 
drug concentration of that sample.  Approved equipment must have a stamp of approval 
affixed by the Department of Health and Human Services.  Evidence that the equipment 
was in a sealed carton bearing the stamp of approval must be accepted in court as prima 
facie evidence that the equipment was approved by the Department of Health and 
Human Services for use by the law enforcement officer to take the sample specimen of 
the defendant's breath or, urine or oral fluid.
D.  As an alternative to the method of breath testing described in this subsection, a law 
enforcement officer may test the breath of any person whom the officer has probable 
cause to believe hunted wild birds or wild animals or operated or attempted to operate 
a watercraft, snowmobile or ATV while under the influence of intoxicating liquor, by 
use of a self-contained, breath-alcohol testing apparatus to determine an alcohol level, 
as long as the testing apparatus is reasonably available.  The procedures for the 
operation and testing of self-contained, breath-alcohol testing apparatuses must be as 
provided by rule adopted by the Department of Health and Human Services.  The result 
of any such test must be accepted as prima facie evidence of an alcohol level in any 
court.
E.  Approved self-contained, breath-alcohol testing apparatuses must have a stamp of 
approval affixed by the Department of Health and Human Services after periodic 
testing.  That stamp of approval is valid for a limited period of no more than one year.  
Testimony or other evidence that the equipment was bearing the stamp of approval 
must be accepted in court as prima facie evidence that the equipment was approved by 
the Department of Health and Human Services for use by the law enforcement officer 
to collect and analyze a sample specimen of the defendant's breath.
F.  Failure to comply with any provision of this subsection or with any rule adopted 
under this subsection does not, by itself, result in the exclusion of evidence of an 
alcohol level or drug concentration, unless the evidence is determined to be not 
sufficiently reliable.
G.  Testimony or other evidence that any materials used in operating or checking the 
operation of the equipment were bearing a statement of the manufacturer or of the 
Department of Health and Human Services must be accepted in court as prima facie 
evidence that the materials were of a composition and quality as stated.
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.
Sec. 7.  12 MRSA §10703, sub-§7, as amended by PL 2023, c. 228, §4, is further 
amended to read:
7.  Evidence.  The defendant's alcohol level 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 oral fluid 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 or oral fluid to determine an alcohol level or drug concentration, the 
person conducting the analysis 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 or oral fluid was a person authorized by subsection 5; 
that the equipment, chemicals and other materials used in the taking of the blood or, 
urine or oral fluid 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 Health and 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 in the defendant's blood or the defendant's alcohol level was, at the time 
the blood, breath or, urine or oral fluid 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 an alcohol level 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 defendant's alcohol level was, at the time the breath sample was taken, 
as stated in the certificate, unless, with 10 days' written notice to the prosecution, the 
defendant requests that the operator or other qualified witness testify as to the results 
of the analysis.
C.  Transfer of sample specimens to and from a laboratory for purposes of analysis 
must be by certified or registered mail and, when so made, is deemed to comply with 
all requirements regarding the continuity of custody of physical evidence.
D.  The failure of a person to comply with the duty to submit to and complete a 
chemical test under section 10702, subsection 1 is admissible in evidence on the issue 
of whether that person was under the influence of intoxicating liquor or drugs.  If the 
law enforcement officer having probable cause to believe that the person 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 fails to give either of the 
warnings required under subsection 2, the failure of the person to comply with the duty 
to submit to a chemical test is not admissible.  If a failure to submit to and complete a 
chemical test is not admitted into evidence, the court may inform the jury of the fact 
that a test result is not available.
E.  If a test result is not available for a reason other than a person's failure to comply 
with the duty to submit to and complete a chemical test, the unavailability and the 
reason are admissible in evidence.
Sec. 8.  16 MRSA §357, 2nd ¶, as amended by PL 2011, c. 335, §1, is further 
amended to read:
Notwithstanding this section, the result of a laboratory or any other test kept by a 
hospital or other medical facility that reflects an alcohol level, a detectable urine-drug level, 
a detectable blood-drug level, a detectable oral fluid-drug level or a drug concentration of 
either blood or, urine or oral fluid may not be excluded as evidence in a criminal or civil 
proceeding by reason of any claim of confidentiality or privilege and may be admitted as 
long as the result is relevant and reliable evidence if the proceeding is one in which the 
operator of a motor vehicle, snowmobile, all-terrain vehicle or watercraft is alleged to have 
operated under the influence of intoxicating liquor or drugs and the court is satisfied that 
probable cause exists to believe that the operator committed the offense charged.
Sec. 9.  29-A MRSA §2401, sub-§3, as amended by PL 2013, c. 459, §1, is further 
amended to read:
3.  Chemical test or test.  "Chemical test" or "test" means a test or tests used to 
determine alcohol level or the presence of a drug or drug metabolite by analysis of blood, 
breath or, urine or oral fluid.
Sec. 10.  29-A MRSA §2431, sub-§1, as amended by PL 2011, c. 335, §3, is further 
amended to read:
1.  Test results.  Test results showing a confirmed positive drug or metabolite presence 
in blood or, urine or oral fluid or alcohol level at the time alleged are admissible in evidence.  
Failure to comply with the provisions of sections 2521 and 2523 may not, by itself, result 
in the exclusion of evidence of alcohol level or confirmed positive drug or metabolite 
presence, unless the evidence is determined to be not sufficiently reliable.
Sec. 11.  29-A MRSA §2431, sub-§2, as amended by PL 2021, c. 204, §1, is further 
amended to read:
2.  Analysis of blood, breath and, urine and oral fluid.  The following provisions 
apply to the analysis of blood, breath and, urine and oral fluid, and the use of that analysis 
as evidence.
A.  A laboratory certified or licensed in accordance with section 2524 conducting a 
chemical analysis of blood, breath or, urine or oral fluid to determine an alcohol level 
or the presence of a drug or drug metabolite may issue a certificate stating the results 
of the analysis.
B.  A person qualified to operate a self-contained, breath-alcohol testing apparatus may 
issue a certificate stating the results of an analysis of a test that the person administered.
C.  A certificate issued in accordance with paragraph A or B, when duly signed and 
sworn, is prima facie evidence that:
(2)  Materials used in the taking of the specimen were of a quality appropriate for 
the purpose of producing reliable test results;
(3)  Materials required to be approved by the Department of Health and Human 
Services were in fact approved;
(4)  The sample tested was in fact the same sample taken from the defendant; and
(5)  The alcohol level or the presence of a drug or drug metabolite in the blood or, 
urine or oral fluid of the defendant at the time the sample was taken was as stated 
in the certificate.
D.  With 10 days written notice to the prosecution, the defendant may request that a 
qualified witness testify to the matters of which the certificate constitutes prima facie 
evidence.  The notice must specify those matters concerning which the defendant 
requests testimony.  The certificate is not prima facie evidence of those matters.
E.  A person drawing a specimen of blood may issue a certificate that states that the 
person is in fact qualified under section 2524 and that the proper procedure for drawing 
a specimen of blood was followed.  That certificate, when signed and sworn to by the 
person, is prima facie evidence of its contents unless, with 10 days' written notice to 
the prosecution, the defendant requests that the person testify.
F.  Evidence that the urine sample was in a sealed carton bearing the Department of 
Health and Human Services' stamp of approval is prima facie evidence that the 
equipment was approved by the Department of Health and Human Services.
G.  The results of a self-contained breath-alcohol apparatus test is prima facie evidence 
of an alcohol level.
H.  Evidence that the self-contained breath-alcohol testing equipment bearing the 
Department of Health and Human Services' stamp of approval is prima facie evidence 
that the equipment was approved by the Department of Health and Human Services.
I.  Evidence that materials used in operating or checking the operation of the self-
contained breath-alcohol testing equipment bore a statement of the manufacturer or of 
the Department of Health and Human Services is prima facie evidence that the 
materials were of the composition and quality stated.
J.  Transfer of sample specimens to and from a laboratory for purposes of analysis by 
certified or registered mail complies with all requirements regarding the continuity of 
custody of physical evidence.
K.  The prosecution is not required to produce expert testimony regarding the 
functioning of self-contained breath-alcohol testing apparatus before test results are 
admissible, if sufficient evidence is offered to satisfy paragraphs H and I.
Sec. 12.  29-A MRSA §2432, sub-§4, as amended by PL 2013, c. 459, §4, is further 
amended to read:
4.  Confirmed presence of drug or drug metabolite.  If a person has a trace amount 
of any drug or the metabolites of any drug within the person's blood or, urine or oral fluid 
in accordance with the drug reporting rules, standards, procedures and protocols adopted 
by the Department of Health and Human Services, it is admissible evidence, but not prima 
facie, indicating whether that person is under the influence of intoxicants to be considered 
with other competent evidence, including evidence of alcohol level.
Sec. 13.  29-A MRSA §2453-A, sub-§3, as enacted by PL 2011, c. 335, §5, is 
amended to read:
3.  Drug test.  The person who analyzed the drug or its metabolite in the blood or, urine 
or oral fluid of the person who is the subject of the drug recognition expert's report under 
subsection 2 shall send a copy of a confirmed positive test result certificate to the Secretary 
of State.
Sec. 14.  29-A MRSA §2453-A, sub-§7, ¶A, as enacted by PL 2011, c. 335, §5, is 
amended to read:
A.  The person operated a motor vehicle with a confirmed positive blood or, urine or 
oral fluid test for a drug or its metabolite;
Sec. 15.  29-A MRSA §2472, sub-§5, ¶B, as amended by PL 2011, c. 335, §8, is 
further amended to read:
B.  The person operated a motor vehicle with an alcohol level of more than 0.00 grams 
per 100 milliliters of blood or 210 liters of breath or with a confirmed positive blood 
or, urine or oral fluid test for a drug or its metabolite and was under the influence of 
the confirmed drug; and
Sec. 16.  29-A MRSA §2521, sub-§1, as amended by PL 2013, c. 459, §7, is further 
amended to read:
1.  Mandatory submission to test.  If there is probable cause to believe a person has 
operated a motor vehicle while under the influence of intoxicants, that person shall submit 
to and complete a test to determine an alcohol level and the presence of a drug or drug 
metabolite by analysis of blood, breath or, urine or oral fluid.
Sec. 17.  29-A MRSA §2524, sub-§4, as amended by PL 2019, c. 368, §4, is further 
amended to read:
4.  Chemical tests on blood and, urine and oral fluid specimens.  A sample specimen 
of blood or, urine or oral fluid may be submitted to the Department of Health and Human 
Services or to a laboratory qualified pursuant to subsection 2 for the purpose of conducting 
chemical tests to determine alcohol level or the presence of a drug or drug metabolite.
Sec. 18.  29-A MRSA §2524, sub-§5, as amended by PL 2019, c. 368, §5, is further 
amended to read:
5.  Equipment for taking specimens.  For purposes of this section, collection kits 
having a stamp of approval affixed by the Department of Health and Human Services may 
be used to take a sample specimen of blood or, urine or oral fluid.  A sample specimen of 
blood or, urine or oral fluid may also be taken in any collection tube of the type normally 
used in a laboratory qualified pursuant to subsection 2.  The fact that a laboratory qualified 
pursuant to subsection 2 supplied the collection tube is prima facie evidence that the 
collection tube is the type of tube normally used in such a laboratory.  Alternatively, a self-
contained, breath-alcohol testing apparatus if reasonably available may be used to 
determine the alcohol level.
Approved breath-alcohol testing apparatus must have a stamp of approval affixed by the 
Department of Health and Human Services after periodic testing.  That stamp is valid for 
no more than one year.
Sec. 19.  29-A MRSA §2525, sub-§1, as amended by PL 2011, c. 335, §14, is 
further amended to read:
1.  Submission to test required.  If a drug recognition expert has probable cause to 
believe that a person is under the influence of a specific category of drug, a combination of 
specific categories of drugs or a combination of alcohol and one or more specific categories 
of drugs, that person must submit to a blood or, urine or oral fluid test selected by the drug 
recognition expert to confirm that person's category of drug use and determine the presence 
of the drug.
SUMMARY
This bill permits the use of oral fluid testing in determining the intoxication of drivers, 
aircraft operators and hunters.