Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 19 - Public Health Laboratory › Rule 007.19.21-001 - Rules Pertaining to Alcohol Testing

Current through Register Vol. 49, No. 6, June, 2024
AUTHORITY
The following Rules for alcohol testing are duly adopted and
				promulgated by the Arkansas Department of Health as approved by the Arkansas
				State Board of Health pursuant to the authority expressly conferred by the laws
				of the State of Arkansas, Act 106 of 1969 as amended and Act 346 of 1957 as
				amended, the same being Arkansas Code, Title 5, Chapter 65, and Act 518 of 1995
				as amended.
ADDENDUMS
Revisions necessary after the printing of these Rules may be
				attached inside the front cover. They will bear the signature of the Secretary
				of the Arkansas State Board of Health.
DEFINITIONS
Alcohol
- ethyl alcohol except where
				reference is made to alcoholic skin antiseptics where it means any hydroxyl
				derivative of a hydrocarbon.
Alcohol Analyses or Chemical Tests
-
				(also, Breath Testing, Method of Analysis, Test) the total of all manipulations
				required to achieve a result which shows the alcohol concentration of an
				individual's blood or breath. Urine or other bodily substances may be used for
				determining the concentration of alcohol in the blood.
Alveolar Air (Deep Lung Air)
- air in
				the smallest air sacs of the lungs; the air which is in equilibrium, with
				respect to alcohol, with the immediately adjacent pulmonary arterial
				blood.
Ampoule
- a bulbous glass vessel
				hermetically sealed and containing a liquid. Ampoules contain the stock
				solution for certified breath simulator standards, except when a premixed
				solution is used.
Approved
- recognized, endorsed,
				authorized, sanctioned, or provided by the Office.
Blood
- whole blood which consists of
				the cellular components and the serum or plasma of blood, preferably peripheral
				venous blood.
Blood Alcohol Concentration
- the
				percentage of alcohol in the blood. % w/v (percent weight per volume), that is,
				grams of alcohol per 100 milliliters of blood expressed as a percent. May also
				be shown as % BA or % BAC.
Breath
- that portion of exhaled air
				that is considered to be substantially alveolar (deep lung) unless otherwise
				specified.
Breath Alcohol Concentratio
n - the
				amount of alcohol in the breath, that is, grams of alcohol per 210 liters of
				breath. May be shown or expressed as g/210L.
Breath Simulator
- see
				Simulator.
Breath-Testing Instrument
- see
				Testing Device.
Calibration Device
- see Simulator or
				Dry-gas Cylinder.
Calibration Test
- a test, using a
				simulator, dry-gas cylinder, or other calibration device containing a known
				concentration of ethyl alcohol to check or verify the accuracy of an
				alcohol-testing instrument.
Certificate
- a document issued by the
				Office certifying that an installation, individual, or instrument has met the
				requirements and may be used in the determination of alcohol content, subject
				to the restrictions and requirements contained in these Rules and Office
				procedures. Certificates are not issued for calibration devices.
Office
- the Office of Alcohol
				Testing.
Dry-gas Cylinder
- a cylinder
				containing a known concentration of ethyl alcohol mixed with nitrogen gas used
				to calibrate and check the calibration of a testing device.
Employ
- paying the salary of, as
				authorized by that organization, agency, institution, or political subdivision
				and in a position to hold the employed individual responsible for the specified
				performance of duties.
Individual
- any human being.
Installation
- any agency,
				partnership, association, public or private institution, or political
				subdivision that analyzes breath or other bodily substances for alcohol content
				for the purpose of supporting or defending legal actions which may arise out of
				Arkansas Code, Title 5, Chapter 65 as amended, or Act 518 of 1995 as
				amended.
Instrument
- see Testing
				Device.
Law-Enforcement Agency
- any police
				force or organization of a city, county, or this state or other government
				agency within this state whose primary duty as prescribed by law or ordinance
				is enforcing the criminal, traffic, or highway laws of this state.
Operator
- an individual who has met
				the requirements to test subjects on a specified type of breath-testing
				instrument or instruments and to perform related tasks in accordance with
				Office procedures and these Rules.
Other Bodily Substances
- any bodily
				substance other than blood, breath, or urine which can be used to determine
				alcohol content of the blood.
Refrigerate(d)
- to make or keep cold
				or cool.
Revocation
- an act of calling back or
				rescinding or discontinuation.
Rules (these)
- all sections of
				Arkansas Rules for Alcohol Testing, unless otherwise specified.
Sample
- blood, breath, urine, or
				other bodily substances as specified to be analyzed for alcohol content.
Sampling Device
- any instrument or
				mechanism used to capture or collect a sample (see Testing Device).
Senior Operator
- an individual who
				has met the requirements to test subjects on a specified type of breath-testing
				instrument or instruments and to perform other required tasks related to
				alcohol testing in accordance with Office procedures and these Rules.
Simulator
- a device that enables the
				operator to reproduce, under test conditions, phenomena likely to occur in
				actual performance; a device used to simulate or imitate a breath sample at a
				specific alcohol concentration; an accessory to a testing device.
Simulator Standard Solution
- a
				solution that may be prepared from an ampoule of stock solution or purchased in
				a premixed form, when used in a simulator, produces a vapor sample that
				simulates a breath sample of a specified alcohol concentration.
Standard
- anything set up and
				established by authority as a rule for the measure of quantity, weight, or
				value.
Standard of Accuracy
- a standard for
				the performance of alcohol analyses as specified in these Rules; that standard
				being ±0.01% w/v for blood analyses and ±0.01g/210L for breath
				analyses.
Subject
- any individual.
Suspension
- an act to make
				temporarily inoperative.
Testing Device
- any instrument or
				mechanism used in determining or estimating the alcohol content of breath,
				blood, urine, or other bodily substance pursuant to these Rules (see Section
				IV). A testing device may include a sampling device. Testing devices are
				categorized as follows:
Type A - Evidentiary Device
A1 - An evidentiary device which is designed to collect and
				analyze a sample within the limits of accuracy prescribed in 4.12. All
				certification requirements apply to Type A1 devices except when used by a
				facility which qualifies under 1.20.
A2 - An evidentiary device which is used in a mobile unit which
				collects and analyses a sample within the limits of accuracy prescribed in
				4.12. All certification requirements apply to Type A2 devices as well as any
				additional requirements the Office may find necessary to assure compliance with
				the intent of the applicable Arkansas Code and these Rules.
Type B - Non-evidentiary Device - a device which by design is
				for screening only and the accuracy thereof is not required to be within
				±0.01 of actual value, or any device which is, by application, a
				screening device only. Both the device and the operating personnel are excluded
				from certification requirements. Test results obtained on a Type B device are
				not to be used as evidence in a court of law for the purpose of establishing
				that the subject was under the influence of alcohol but may be used to
				establish probable cause for further testing on a Type A or Type C
				device.
Type C - Other Laboratory Instruments - devices or instruments
				which may be used in a facility which qualifies for exclusion (1.20). That
				exclusion extends to the equipment and the operating personnel.
I.
CERTIFICATION
PART A.
GENERAL
1.10
Requirement for
			 Certification.
Every individual, installation, or instrument not exempted or
				excluded by these Rules and involved in performing alcohol analysis in
				accordance with these Rules is to have a valid certificate as prescribed
				herein. For exemptions and exclusions, see Section I, Part B.
1.11
Certification
			 Implications.
Certification shall not imply approval of anything carried out
				by an installation or individual other than what is specified on the
				certificate. Certification of an individual to operate a particular approved
				testing device authorizes that individual to perform tests on any unit of that
				type if the owner of the unit has no objection.
1.12
Installation
			 Certification.
To qualify for certification, an installation must meet the set
				of conditions in a. or b. of this section.
a.
Local
			 Installation
.
(1) Employ at least
			 one Senior Operator for each different model of instrument to be certified.
			 However, one person may serve as Senior Operator on more than one instrument at
			 any one installation.
(2) Own,
			 lease or otherwise be in control of an approved alcohol-testing device and the
			 required related accessories.
(3)
			 Pass on-site inspections by the Office (Part D of this Section).
(4) Show the ability and willingness to meet
			 the requirements set forth in these Rules.
b.
State Level
			 Installation.
(1) Be a state
			 level or other major subdivision of government that has an inadequate number of
			 facilities, or no facilities of its own, appropriate for the installation of
			 breath testing equipment.
(2) Have
			 access to many certified instruments at various agencies.
(3) Have an established internal line of
			 communication and records control which distributes the Office issued documents
			 and other communications to all certified employees of that agency in a timely
			 and accurate manner.
(4) Local
			 installations within the organizational structure of a state level installation
			 must comply with 1.12a.
1.13
Senior Operator
			 Certification.
To qualify as a Senior Operator of a specific testing device
				and maintain that certification, an individual must meet the following
				requirements:
a. Successfully complete
			 training approved by the Office as described in 2.12 on the operation of the
			 testing device to be used.
b. Apply
			 through the appropriate agency for certification to the Office. When the
			 individual changes places of employment, a new application must be submitted
			 through the new agency.
c. Be able
			 to exhibit, through examination and demonstration to the Office, sufficient
			 skill in the operation of the testing device and related accessories
			 used.
d. Demonstrate the ability
			 and willingness to adhere to the provisions of these Rules which may include
			 running a reasonable number of tests on the testing device.
e. Successfully complete any additional
			 training or evaluation as required by the Office.
1.14
Operator
			 Certification.
To qualify as an Operator of a specific testing device and
				maintain that certification, an individual must meet the following
				requirements:
a. Successfully complete
			 the training approved by the Office as described in 2.13.
b. Apply through the appropriate agency for
			 certification to the Office. When the individual changes places of employment,
			 a new application must be submitted through the new agency.
c. Be evaluated by the Office as required and
			 demonstrate sufficient skills in the operation of the testing device
			 used.
d. Demonstrate the ability
			 and willingness to adhere to the provisions of these Rules which may include
			 running a reasonable number of tests on the testing device.
e. Successfully complete any additional
			 training or evaluation as required by the Office.
1.15
Instrument
			 Certification.
Each Type A1 and A2 testing device is to be tested by the
				Office for the purpose of certifying its accuracy.
Any test on such device for which a valid, current certificate
				cannot be produced will be considered invalid. Certificates are subject to
				recall by the Office since they are issued for a period of three (3) months in
				advance.