Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1286 - TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS › Subpart A - GENERAL PROVISIONS › Section 1286.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Accredited Law Enforcement Training Academy" means a police
				  training organization that is recognized by the Illinois Law Enforcement
				  Training Standards Board and is accredited by Commission on Accreditation for
				  Law Enforcement Agencies (CALEA), 10302 Eaton Place, Suite 100, Fairfax VA
				  22030-2215.
"Accuracy Check Record" means the data recorded in a logbook
				  or stored in memory when an accuracy check is performed on an approved
				  evidentiary instrument. Accuracy test records will include at least the type of
				  instrument, instrument serial number, test date, reference sample value, and
				  the readings of the two accuracy check tests. Certification check and standard
				  check are synonyms for accuracy check.
"Agency" means a Municipal, Park District, County, State and
				  Federal law enforcement agency or Circuit Court Probation Department involved
				  in the use of approved evidentiary instruments or PBTs.
"Alcohol" means ethanol (commonly referred to as grain
				  alcohol), ethyl alcohol, alcoholic beverage, alcoholic liquor, isopropanol or
				  methanol.
"Alcohol Concentration" means weight in grams of alcohol in
				  a specified volume of blood, breath, or urine.
"Approved Evidentiary Instrument" means an instrument
				  approved for use by the Department to obtain a BrAC pursuant to a breath test
				  as described under Section 6-106.1a of the Illinois Vehicle Code [625
				  ILCS 5/6-106.1a ], Section 11-501 of the Illinois
				  Vehicle Code [625
				  ILCS 5/11-501 ], Section 11-501.1 of the Illinois
				  Vehicle Code [625 ILCS 5/11-501.1], Section 11-501.2 of the Illinois Vehicle
				  Code [625 ILCS 5/11-501.2], Section 11-501.6 of the Illinois Vehicle Code
				  [625
				  ILCS 5/11-501.6], Section 11-501.8 of the Illinois
				  Vehicle Code [625 ILCS 5/11-501.8], and Sections that cross-reference Section
				  11-501.2 of the Illinois Vehicle Code [625 ILCS 5/11-501.2].
"Approved PBT" means an instrument approved for use by the
				  Department either to obtain a BrAC pursuant to a preliminary breath screening
				  test as described under Section 11-501.5 of the Illinois Vehicle Code [625 ILCS
				  5/11-501.5], Section 5-7.5 of the Snowmobile Registration and Safety Act [625
				  ILCS 40/5-16b ], Section 5-16b of the Boat Registration and Safety Act
				  [625 ILCS
				  45/5-16b ], and Sections that cross-reference Section
				  11-501.5 of the Illinois Vehicle Code [625 ILCS 5/11-501.5] or to obtain a BrAC
				  pursuant to a breath test as described under Section 11-501.6 of the Illinois
				  Vehicle Code [625 ILCS 5/11-501.6], and Section 11-501.8 of the Illinois
				  Vehicle Code [625 ILCS 5/11-501.8].
"Blood Alcohol Concentration" or "BAC" means grams of
				  alcohol per 100 milliliters of whole blood (Section 11-501.2(a)(5) of the
				  Illinois Vehicle Code [625
				  ILCS 5/11-501.2(a)(5)]).
"Breath Alcohol Concentration" or "BrAC" means
grams
				  of alcohol per 210 liters of breath
(Section 11-501.2(a)5 of the
				  Illinois Vehicle Code [625 ILCS 5/11-501.2(a)5]).
"Breakdown" means a malfunction that affects the analytical
				  performance of the instrument or its ability to quantitate a BrAC.
"Breath Analysis Instructor" or "BAI" means an individual
				  who is accredited by the Department to instruct breath analysis instrument
				  operations and to train and administer licensing examinations to BAOs.
"Breath Analysis Operator" or "BAO" means an individual
				  licensed by the Department to operate approved evidentiary instruments and to
				  create subject test records. BAOs can print local reports from an evidential
				  instrument, including accuracy checks, and perform basic maintenance on the
				  instrument, such as replacing the instrument's paper or keyboard.
"Breath Analysis Reading" means the numeric value of the
				  first two digits to the right of the decimal point of a BrAC analysis as
				  displayed, printed, or recorded by an instrument.
"Breath Analysis Technician" or "BAT" means an individual
				  who is authorized by the Department to conduct re-certification classes for
				  BAOs and to administer that examination, to install, examine, certify, repair,
				  maintain, check the accuracy of approved evidentiary instruments, and create
				  accuracy check records and service records.
"Central Repository" means the collection and maintenance by
				  the Department of business records, maintained by an agency in the normal
				  course of business, of subject test records, quick tests, accuracy check
				  records, calibrations, and service records.
"Certified Paramedic" means an individual licensed by the
				  Illinois Department of Public Health as an Emergency Medical Technician
				  (Intermediate) or Emergency Medical Technician (Paramedic) acting under the
				  direction of a licensed physician as a phlebotomist.
"Department" means the Illinois Department of State
				  Police.
"Director" means the Director of State Police.
"Foreign Substance" means any substance not in the subject's
				  body when a 20-minute observation period is commenced, excluding a substance
				  introduced due to normal breathing.
"Ingested" means eaten, chewed, swallowed or consumed by
				  mouth in any other manner; inhaled, sniffed, snorted, sprayed, or introduced
				  into the breathing passages in any other manner; injected or introduced into
				  the body in any manner.
"Instrument" means any item or combination of items of
				  equipment used to quantitate a breath analysis reading.
"Internal Memory" means the digital storage medium that is
				  part of an approved evidentiary instrument that registers subject test records,
				  accuracy check records, quick tests, and calibrations.
"License" means a permit issued as evidence by the
				  Department to an individual as proof of his or her authority and competence as
				  a BAO, BAT, BAI, or PBT-E.
"Logbook" means a business record, maintained by the agency
				  in the normal course of business, of subject test records and accuracy check
				  records. The logbook does not contain automatic accuracy checks or accuracy
				  checks performed remotely.
"Malfunction" means failure of an instrument to function
				  properly.
"NHTSA's List" means the Conforming Products List of
				  Evidential Breath Measuring Instruments produced by the National Highway
				  Traffic Safety Administration, United States Department of
				  Transportation.
"Passive Sensor" means a unit that monitors ambient air for
				  the presence of alcohol for an investigative purpose.
"Phlebotomist" means a person trained to collect blood from
				  another individual through venipuncture.
"Preliminary Breath Test Device" or "PBT" means a portable
				  device used to quantitate a breath analysis reading.
"Preliminary Breath Test Examiner" or "PBT-E" means a BAO
				  who is authorized by the Department to perform accuracy checks on preliminary
				  breath test devices.
"Reference Sample" means either a solution for use in a
				  breath simulator, commonly referred to as a wet bath simulator, or a dry gas
				  mixture, commonly referred to as a dry gas evidential standard (DGES), for the
				  purpose of instrument certification, accuracy checks, and/or
				  calibration.
"Service Record" means information concerning an instrument
				  breakdown. Service records will include at least the type of instrument,
				  instrument serial number, date of service, service issue reported, service
				  issue found, probable cause of service issue, corrective action taken, and BAT.
				  Service records do not include information such as a bill for repairs of an
				  approved evidentiary instrument or documentation included with an instrument
				  returned from the manufacturer.
"Subject Test Record" means the data recorded by a BAO in
				  the logbook or printed out or stored by the instrument in memory when a subject
				  is tested with an approved evidentiary instrument. Subject test records will
				  include at least the type of instrument, instrument serial number, name of
				  individual tested, test date, breath analysis reading, and BAO. Subject Test
				  Records do not include information other than that which can be recorded in
				  instrument memory or the central repository.
"Urine Alcohol Concentration" or "UAC" means
the
				  number of grams of alcohol per 67 milliliters of urine
(Section
				  6-500(2)(C) of the Illinois Vehicle Code [625 ILCS
				  5/6-500(2)(C) ]).
"Whole Blood Equivalent" means the conversion of a blood
				  serum or blood plasma alcohol concentration to an approximate
				  BAC.