| in court as prima facie evidence that the equipment was | approved by the Department of Human Services for use by the | law enforcement officer to collect and analyze a sample | specimen of the defendant's breath. |
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| 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 blood-alcohol | level or drug concentration, unless the evidence is | determined to be not sufficiently reliable. |
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| 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 Human Services must be accepted in court as prima facie | evidence that the materials were of a composition and | quality as stated. |
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| 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. |
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| | 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. |
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| | 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. |
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| 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 |
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