Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 25 - Bureau of Alcohol and Drug Abuse Prevention › Rule 007.25.12-001 - Regulations for Alcohol Testing

Current through Register Vol. 49, No. 6, June, 2024
AUTHORITY
The following regulations 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 Regulations 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
- 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 Department.
Blood
- whole blood which consists of
				the cellular components and the serum or plasma of blood, preferably peripheral
				venous blood.
Blood Alcohol Concentrati
on - 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 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
				Department certifying that an installation, individual, or instrument (testing
				device) has met the requirements and may practice/be used in the determination
				of alcohol content, subject to the restrictions and requirements contained in
				these Regulations. Certificates are not issued for calibration devices.
Department
- 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.
Field-Test Device
- any testing device
				which is designed specifically for the purpose of testing subjects on the spot;
				a portable unit designed for field testing (see Testing Device).
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.
Intoxicating Liquor
- a distilled or
				fermented alcoholic beverage or any substance that contains alcohol in any
				concentration that may render a person under the influence.
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 outlined in 1.14, thus qualifying to test subjects on a
				specified type of breath-testing instrument or instruments and to perform
				related tasks in accordance with Department procedures and these
				Regulations.
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.
Regulations, (these)
- all sections of
				Arkansas Regulations for Alcohol Testing, unless otherwise specified.
Revocation
- an act of calling back or
				rescinding; discontinuation.
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 outlined in 1.13 thus qualifying to (1) test subjects
				on a specified type of breath-testing instrument or instruments, (2) perform
				calibration tests and proficiency tests as required by the Department, (3)
				perform other required tasks related to alcohol testing; all in accordance with
				Department procedures and these Regulations.
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 Solutio
n - 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 Regulations; 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 Regulations (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 Department may find necessary to assure compliance
				with the intent of the applicable Arkansas Code and these Regulations.
Type B - Nonevidentiary 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 Regulations and involved in performing alcohol
			 analysis in accordance with these Regulations 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 as long as 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 full control of an approved alcohol-testing device and
			 the required related accessories.
If an instrument is shared by two or more agencies for the
				purpose of qualifying for certification as a joint installation, an agreement
				form (BA: 208) signed by all parties involved must be filed with the
				Department. This form is to be renewed every two years or upon the change of
				office of any official party involved, whichever comes first. No agreement form
				is required in the case of an agency that qualifies independently for
				installation certification but grants individuals from other agencies
				permission to utilize its certified equipment.
(3) Pass on-site inspections by the
			 Department (Part D of this Section).
(4) Show the ability and willingness to meet
			 the requirements set forth in these Regulations.
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 a large number of certified instruments at various
			 agencies.
(3) Have an established
			 internal line of communication and records control which distributes the
			 Department 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 Department as described in 2.12 on the operation of the testing device to
			 be used.
b. Be employed by a
			 law-enforcement agency, and through said agency, submit an application for
			 certification to the Department. 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 Department, 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 Regulations 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 Department.
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 Department as described in 2.13.
b. Be employed by a law-enforcement agency,
			 or be an auxiliary officer appointed as a reserve officer by a law enforcement
			 agency, and through said agency submit an application for certification to the
			 Department. When the individual changes places of employment, a new application
			 must be submitted through the new agency.
c. Be evaluated by the Department 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 Regulations 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 Department.
1.15
Instrument
			 Certification
. Each Type A1 and A2 testing device is to be tested
			 by the Department 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 Department since they are issued for a period of three (3) months
				in advance.