Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 25 - Missouri State Public Health Laboratory › Chapter 30 - Determination of Blood Alcohol by Blood, Breath, Saliva, and Urine Analysis; and Determination for the Presence of Drugs in Blood, Saliva, and Urine › Section 19 CSR 25-30.011 - General Provisions for the Determination of Blood, Breath, Saliva, or Urine Analysis and Drug Testing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the statutory
				  references to those statutes that are now applicable, removes the address and
				  expands the records that are available from the department.
(1) Only those laboratories or persons
				performing analysis of blood, breath, saliva, or urine for the determination of
				blood alcohol content, or of blood, saliva, or urine for the presence of
				drugs-at the direction of a law enforcement officer acting under the provisions
				of sections 577.001-577.041, RSMo-are subject to the rules in this
				chapter.
(2) The following
				definitions shall be used in the interpretation and enforcement of the rules in
				this chapter:
(A) Blood alcohol content is
				the alcohol content of blood expressed as a percentage based on grams of
				alcohol per one hundred (100) milliliters of blood or grams of alcohol per two
				hundred ten (210) liters of breath;
(B) Breath analyzer is an instrument which
				measures and expresses the blood alcohol content from a sample of expired
				air;
(C) Department is the Missouri
				Department of Health and Senior Services;
(D) Drugs are illegal or controlled chemical
				substances, other than alcohol, that are capable of impairing an individual's
				ability to operate a motor vehicle;
(E) Field service and repairs are the service
				and repairs on breath analyzers at locations other than at a manufacturer's
				facility;
(F) Maintenance checks
				are the standardized and prescribed procedures used to determine that a breath
				analyzer is functioning properly and is operating in accordance with the
				operational procedures established by the Department of Health and Senior
				Services;
(G) Permit is the written
				authorization from the Department of Health and Senior Services for an
				individual to perform analyses of blood, breath, saliva, or urine for blood
				alcohol content; to perform analyses of blood, saliva, or urine for drugs; to
				operate breath analyzers; to supervise operators of breath analyzers; to serve
				as instructors of training courses; and to perform field service and repairs
				and maintenance checks on breath analyzers;
(H) Observation period is the minimum
				fifteen- (15-) minute continuous period that ends when a breath sample has been
				provided into the approved breath analyzer, during which time the operator
				shall remain close enough to a subject to reasonably ensure, using the senses
				of sight, hearing, or smell, that a test subject does not smoke, vomit, or have
				any oral intake during the fifteen- (15-) minute observation period. Direct
				observation is not necessary to ensure the validity or accuracy of the test
				result;
(I) Oral intake is the act
				of placing a substance from outside the body into the mouth during the
				observation period. The mouthpiece used to provide a breath sample shall not
				constitute oral intake;
(J)
				Vomiting is the act of ejecting the solid and/or liquid contents of the stomach
				through the mouth, and does not include belching or burping;
(K) Examination is a limited visual
				examination of a test subject's mouth and/or denial by a subject that he or she
				has any substance in his or her mouth; and
(L) Substance is any foreign matter, solid or
				liquid, not to include dentures, dental work, studs, piercing, or tongue
				jewelry.