Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.212 - BREATH ANALYSIS INSTRUMENTATION AND ASSOCIATED EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) All manufacturers/vendors of breath
				analysis instruments, associated equipment, and supplies are required to submit
				such breath analysis instrumentation, associated equipment, or supplies to the
				division for formal state approval prior to introduction into the state of
				Montana.
(2) A record of all breath
				analysis instruments which have met the approval criteria established by the
				division shall be kept on file at the division.
(3) A record of all associated equipment and
				supplies which have met approval criteria established by the division shall be
				kept on file at the division.
(4)
				The division reserves the right to withdraw approval status of any breath
				analysis instrument, associated equipment, or supply, or the
				manufacturer's/vendor's approval to market said product, if the
				manufacturer/vendor fails to comply with the provisions set forth in the
				approval criteria or regulations pertaining to the manufacturer's/vendor's
				responsibilities to the state of Montana.
(5) Manufacturers/vendors of breath analysis
				instrumentation, equipment, and/or supplies must comply with the following
				regulations:
(a) All manufacturers/vendors
				must have a completed and signed application on file with the
				division.
(b) All
				manufacturers/vendors must provide technical manuals, schematics, and other
				material necessary for operation, preventative maintenance, and repair of the
				breath analysis instruments and associated equipment.
(c) The manufacturer/vendor shall provide at
				least two breath analysis instruments for the approval process. The
				manufacturer/vendor shall provide at least two (or more at the request of the
				division) associated equipment devices for the approval process.
(d) The manufacturer/vendor shall, if
				requested to do so, send at least one representative knowledgeable in the
				technology and electronic configurations of the breath analysis instrument and
				capable of providing training for the personnel in the breath analysis section
				of the division. The manufacturer/vendor shall, if requested to do so, send at
				least one representative knowledgeable in the technology and electronic
				configurations of the associated equipment.
(e) The manufacturer/vendor must provide all
				information concerning any modification, change, or upgrade to an approved
				breath analysis instrument or approved associated equipment within six months
				of that modification, change or upgrade. The division will evaluate such
				modifications, changes, or updates and determine if such modification, change,
				or update necessitates reapproval of the breath analysis instrument.
(f) Failure to comply with these or any
				subsequent manufacturer/vendor related regulations may negate the
				manufacturer's approval to market additional breath analysis instrumentation,
				associated equipment accessories, and/or supplies in the state of
				Montana.