reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-503 - Operator Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. At
				  the time of application for certification as an operator, an individual must:
1. be an employee of a Louisiana or federal
				  law enforcement agency;
2. have
				  successfully completed training established by and be certified by the Peace
				  Officers Standards and Training Council (POST) or the Federal Law Enforcement
				  Training Center (FLETC);
3. be at
				  least 18 years of age;
4. be a high
				  school graduate or satisfactorily pass the general education development (GED)
				  test or an equivalent or higher educational background;
5. attain a score of 75 percent or better on
				  a 16-hour operator's training course conducted by the applied technology unit.
				  Course material to be covered will be taken from the
Chemical Test for
				  Intoxication Training Manual
and/or the
Training Manual for
				  the Intoxilyzer 5000
and/or
Training Manual for the
				  Intoxilyzer 9000
. However, if an individual has already successfully
				  completed a training course in chemical testing the individual may attend a
				  specified course in the operation of the Intoxilyzer 5000 or Intoxilyzer 9000.
				  To successfully complete the 16-hour training course and be certified to
				  conduct breath analysis, the individual must:
a. obtain a 75 percent score on the written
				  examination covering course material;
b. obtain a 75 percent score on the actual
				  operation of the instrument and practical examination (running of an unknown
				  alcohol solution). Both the written and the practical examination will be made
				  up by the instructors of the Applied Technology Unit.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-505 - Instructor Qualification

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Qualification for certification of individuals as instructors shall be as
				  follows:
1. certified as an operator on the
				  approved instrument by the applied technology unit;
2. attendance of an additional16-hour course
				  approved by the applied technology unit;
3. involved in a chemical testing program
				  approved by the applied technology unit.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-507 - Qualification of Individuals for Instrument Maintenance and Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Qualification of
				  individuals to perform maintenance and inspection on the approved instrument
				  shall be as follows:
1. employee of the
				  Office of State Police, Applied Technology Unit in the capacity of applied
				  technology director, breath analysis supervisor, breath analysis instructor
				  specialist, applied technology specialist, or breath analysis specialist. In
				  order to be employed in the capacity of applied technology director, breath
				  analysis supervisor, breath analysis instructor specialist, applied technology
				  specialist, or breath analysis specialist, the employee must have met all of
				  the requirements as stated by the Department of Civil Service pertaining to the
				  classification of applied technology director, breath analysis supervisor,
				  breath analysis instructor specialist or applied technology
				  specialist;
2. graduation from a
				  state-accredited high school or the satisfactory passing of the General
				  Education Development (GED) test or an equivalent educational
				  background;
3. successful
				  completion of a 16-hour operator's training course;
4. successful completion of a course on
				  maintenance conducted by the manufacturer of the approved instrument used in
				  blood/breath alcohol testing whereby the individual has received a satisfactory
				  certificate stating such;
5.
				  complete six months on-the-job training whereby the individual shall undergo
				  instructions on the following, but not limited to:
a. calibration of the instrument;
b. checking calibration of the
				  instrument;
c. trouble-shooting of
				  the instrument;
d. performance of
				  preventive and regular maintenance;
e. preparation and use of any wet bath
				  simulator and solutions used in the calibration and calibration
				  check;
f. inspection of the
				  instrument received from the manufacturer to insure proper assembly calibration
				  and the overall proper functioning of the instrument.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-509 - Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon determining
				  the qualification of individuals to perform such analysis and duties, and after
				  submitting an application for certification, the Louisiana Department of Public
				  Safety and Corrections shall issue permits which shall be effective for the
				  following periods with respect to classification.
1. Operator's Certification
a. Operators shall be certified for a period
				  of two years following successful completion of the 16-hour operator's training
				  course. These permits may be renewed after a refresher course given by the
				  Applied Technology Unit or any other agency approved by the Applied Technology
				  Unit.
b. In addition to being
				  certified on any instrument currently approved by the Applied Technology Unit,
				  an operator may also attend a specified course for certification on any new
				  instrument that may be approved by the Applied Technology Unit. These permits
				  shall also be in effect for a period of two years.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-511 - Recording Analysis and Recertification Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. The breath testing instrument(s)
				  automatically stores all test records into a data bank.
B. Each time the approved instrument is
				  inspected and certified, the date of certification shall be placed on the
				  instrument and the operator will record said dates on the operational check
				  list.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-513 - Procedure for Analysis Using the Intoxilyzer 5000

Current through Register Vol. 50, No. 6, June 20, 2024
A. General observation of the subject for a
				  period of not less than 15 minutes prior to testing whereby the subject shall
				  not have ingested alcohol, alcoholic beverages, regurgitated, vomited, or taken
				  anything by mouth.
B. The operator
				  conducting blood/breath analysis shall conduct such analysis in accordance with
				  the "Intoxilyzer 5000 operational check list" which contains, but is not
				  limited to the following:
1. completing the
				  information section concerning such things as name and driver's license number
				  of the subject, date, instrument number, and certification date;
2. press the start button, insert test record
				  card and check the display panel for instructions;
3. new and clean mouthpiece attached to the
				  breath inlet hose;
4. subject
				  instructed to blow through the mouthpiece sufficiently until the instrument
				  accepts the proper breath sample;
5. remove the test record card and attach it
				  to the checklist.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-514 - Procedure for Analysis Using the Intoxilyzer 9000

Current through Register Vol. 50, No. 6, June 20, 2024
A. General observation of the subject for a
				  period of not less than 15 minutes prior to testing whereby the subject shall
				  not have ingested alcohol, alcoholic beverage, regurgitated, vomited, or taken
				  anything by mouth.
B. The operator
				  conducting blood/breath analysis shall conduct such analysis in accordance with
				  the "Intoxilyzer 9000 instrument display" which includes, but is not limited to
				  the following:
1. swipe the operator card or
				  press the start test button for instructions;
2. enter information as prompted by the
				  instrument display;
3. new and
				  clean mouthpiece attached to the breath inlet hose;
4. subject instructed to blow through the
				  mouthpiece sufficiently until the instrument accepts the proper breath
				  sample;
5. the subject test
				  information is printed, electronically recorded, and retained by the Applied
				  Technology Unit.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-515 - Maintenance Inspection for the Intoxilyzer 5000

Current through Register Vol. 50, No. 6, June 20, 2024
A. Maintenance inspection shall be performed
				  on a routine basis at least once every four months by the applied technology
				  director, breath analysis supervisor, breath analysis instructor specialist, or
				  applied technology specialist. Items to be inspected shall include, but not be
				  limited to the following:
1. clean
				  instrument;
2. running of a known
				  alcohol value thereby checking the instrument and calibration. Results shall be
				  within plus or minus 0.010 grams percent of the known alcohol value;
3. insure that the instrument is
				  locked;
4. check printer to see if
				  it is printing out properly;
5.
				  check breath tube inlet hose;
6. in
				  event repair work is needed, it shall be recorded in detail.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-516 - Maintenance Inspection for the Intoxilyzer 9000

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1.
				  Maintenance inspection shall be performed on a routine basis at least once
				  every six months by the applied technology director, breath analysis
				  supervisor, breath analysis instructor specialist, or applied technology
				  specialist. Items to be inspected shall include, but not be limited to the
				  following:
a. clean instrument;
b. check printer operation;
c. check breath tube inlet hose.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter B - Analysis of Blood › Section I-551 - Definition

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				  these regulations,
alcohol
shall mean ethyl alcohol.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter B - Analysis of Blood › Section I-553 - Certification; Renewal of Certification; Suspension, Revocation or Cancellation

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  persons seeking certification to conduct blood alcohol analysis shall:
1. make application to the Louisiana State
				  Police Crime Laboratory;
2.
				  successfully complete an accredited college or university course of study which
				  meets all academic requirements for at least a bachelor's degree in one of the
				  chemical, physical or biological sciences or a bachelor's degree in medical
				  technology or forensic science;
3.
				  successfully complete a course of at least 24 hours instruction concerning
				  blood alcohol testing conducted by the Louisiana State Police Crime Laboratory.
				  This course shall include, but not be limited to, the following: procedures;
				  pharmacology and physiology of alcohol; theory of gas chromatography;
				  maintenance, repair and inspection of instrumentation; and preparation and
				  analysis of blood samples;
4.
				  conduct certification testing set up by the Louisiana State Police Crime
				  Laboratory, including demonstrating the necessary maintenance and repair
				  knowledge required to certify a gas chromatograph as operating
				  properly;
5.
a. obtain a 75 percent score on the written
				  examination covering course material; and
b. successful analysis of four certification
				  samples on the operation of the gas chromatograph.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter B - Analysis of Blood › Section I-555 - Certified Techniques of Analyst

Current through Register Vol. 50, No. 6, June 20, 2024
A. The certified analyst shall inspect
				  instrumentation and equipment immediately before analysis is begun to insure
				  that the instrument is operating properly and that test results will be
				  accurate and within the tolerances indicated below.
B. The methods approved for alcohol analysis
				  of blood are:
1. gas chromatography-
				  headspace sampling with internal standard;
2. gas chromatography - direct injection with
				  internal standard;
3. gas
				  chromatography/mass spectrometry-headspace sampling with internal
				  standard;
4. gas
				  chromatography/mass spectrometry-direct injection with internal
				  standard.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter B - Analysis of Blood › Section I-557 - Maintenance, Repair and Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Maintenance, repair and inspection of a
				  gas chromatograph with or without a mass spectrometer may be performed by
				  certified blood alcohol analysts. This may include but not be limited to
				  cleaning, replacing septums, changing columns, checking gases and flow rates,
				  checking "O" rings and air filters, adjusting temperature settings and any
				  other routine checks that are deemed necessary for accurate performance. A
				  certified blood alcohol analyst may perform diagnostic testing, as instructed
				  by a service engineer from the manufacturer. Following each maintenance or
				  repair, inspection of the instrument shall include running a known alcohol
				  standard to insure that the instrument is in proper working order. The gas
				  chromatograph shall be inspected and certified by the department at least every
				  180 days and the certificate issued shall be proof as to the certification and
				  accuracy of the instrument unless the laboratory is permitted by the terms set
				  forth in the Louisiana statutory criminal law and procedure,
				  R.S.
				  32:663. A log shall be maintained on each gas
				  chromatograph and all inspections and certifications noted therein.
B. A log book listing all repair work,
				  maintenance and inspection shall be kept and will be available for inspection.
				  The minimum information required in the log book shall state the date, time,
				  nature of work, and name of person(s) performing task.
C. At the time of the periodic inspection and
				  certification, the analyst or technician performing said inspection shall
				  perform at least four analyses, the first three of which shall each utilize
				  certified reagent solutions with alcohol concentrations between 0.04 and 0.30
				  grams percent. The fourth analysis shall utilize a known reagent solution of
				  acetone and ethyl alcohol mixed with deionized water to check the resolution of
				  the gas chromatograph.
D. the
				  department shall formulate a program for the inspection and certification of
				  all gas chromotographs with or without a mass spectrometer being used for blood
				  alcohol analyses in this state by laboratories not permitted by terms set forth
				  in the Louisiana statutory criminal law and procedure,
				  R.S.
				  32:663. The completion of the initial
				  inspection and certification shall be on or before January 20, 1992; however,
				  the lack of certification prior to January 20, 1992 shall not be grounds for
				  the disqualification of the accuracy or authenticity of the results obtained
				  from the use of any such gas chromatograph with or without a mass
				  spectrometer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter B - Analysis of Blood › Section I-559 - Certification Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Certification testing is not required for any persons deemed qualified to
				  conduct blood alcohol analysis by their respective laboratory when the
				  laboratory has been accredited and permitted in blood alcohol analysis by the
				  terms set forth in the Louisiana statutory criminal law and procedure,
				  R.S.
				  32:663.
B. An applicant for certification to perform
				  blood alcohol analysis shall submit for certification testing conducted by the
				  Louisiana State Police crime laboratory.
1.
				  Applicant shall perform analysis on four unknown samples of whole blood at
				  least three of which shall contain ethyl alcohol percentages of between 0.01
				  grams and 0.40 grams percent. The fourth sample may contain ethyl alcohol
				  within previously stated values, other volatile compounds or a sample free of
				  any volatile compounds.
2. If
				  samples are prepared in-house, the stock solution used to prepare certification
				  testing shall be from a sealed bottle of 200 proof pure anhydrous grade ethyl
				  alcohol diluted to a concentration of 5g/100ml with deionized water. This will
				  then be diluted further with alcohol-free blood to obtain concentrations within
				  the range listed in the previous Section.
3. A sample of each unknown shall be tested
				  and retained by the Louisiana State Police crime laboratory until applicant is
				  certified.
4. The samples will then
				  be sent to each applicant for alcohol analysis.
5. In lieu of Paragraphs 2-4, the applicant
				  may utilize unknown samples purchased from an approved proficiency test
				  provider. The individual laboratory shall possess approval criteria based on
				  their individual laboratorys accreditation requirements.
6. The applicant shall submit the results of
				  analysis, the completed application, the procedure used for analysis, and all
				  paperwork generated in the process of determining the blood alcohol values to
				  the Louisiana State Police crime laboratory.
7. Results must be within a value of +10
				  percent of known values. In addition, paperwork will be reviewed to determine
				  that all procedures were in compliance with these rules and
				  regulations.
8. After review of all
				  paperwork and if results are within accepted ranges, the applicant will be
				  certified as a blood alcohol analyst and will be issued a blood alcohol analyst
				  certificate. This certificate will be valid for a period of two
				  years.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter B - Analysis of Blood › Section I-561 - Quality of Glassware and Supplies

Current through Register Vol. 50, No. 6, June 20, 2024
A. All nondisposable glassware used in the
				  blood alcohol analyses and standard calibration solutions must be cleaned with
				  non-alcoholic detergents and must be free of any foreign residue.
B. All nondisposable supplies must be cleaned
				  and contain no interfering substances which could affect the blood alcohol
				  analysis test.
C. All chemicals
				  used shall be at least reagent grade.
D. All reagent solutions utilized in
				  confirming instrument calibration, maintenance and certification shall be drawn
				  from commercially available solutions with known and certified alcohol contents
				  between 0.04 grams and 0.40 grams percent. The manufacturer's certificate of
				  standard reagent quality shall be prima facie evidence as to the standard of
				  quality of the reagent solutions.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter B - Analysis of Blood › Section I-563 - Proficiency Testing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  laboratory providing blood alcohol analysis is to participate in a regional or
				  national proficiency testing program at least twice a year or a proficiency
				  testing program conducted by the State Police crime laboratory, which
				  participation shall be certified for each such laboratory. A copy of the
				  results shall either be forwarded to the State Police crime laboratory in Baton
				  Rouge, Louisiana within 30 days of receipt by each laboratory or be retained in
				  the proficiency test records for each authorized person by their respective
				  laboratory.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter B - Analysis of Blood › Section I-565 - Certified Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  "chemist" and each "qualified technician," as these terms are utilized in
				  R.S.
				  32:664, must be certified by an accredited
				  licensing agency as a certified phlebotomist in order to remove blood samples
				  for purposes of determining alcoholic content.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-571 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  words and terms used in this Subchapter shall have the following meanings.
Aliquot
-different samples from the same
					 specimen.
Analyte
-the drug or drug metabolite
					 suspected or detected.
Chain of Custody
-the accounting of the
					 integrity of each specimen through the tracking of all individuals or agencies
					 which may have handled the sample from the point of collection to final
					 disposition.
Confirmation Test
-a second analytical
					 procedure to identify the presence or absence of a specific drug or drug
					 metabolite.
Crime Laboratory
-the Louisiana State
					 Police Crime Laboratory.
Department
-the Department of Public Safety
					 and Corrections, Public Safety Services.
False Negative
-not reporting an analyte
					 which is present in the sample.
False Positive
-the reporting of an analyte
					 which is not present in the sample.
Proficiency Testing Program
-performance of
					 testing on specimens containing drugs or drug metabolites or lack of which the
					 laboratory shall be prepared to assay in concentration ranges that allow
					 detection of the analyte by commonly used screening techniques.
Quality Assurance
-a program to ensure
					 quality standards in all aspects of the testing process including but not
					 limited to, specimen acquisition, chain of custody, screening and confirmation
					 testing, and validation of analytical procedure.
Quality Control
-procedures designed to
					 assess the conduct of each step of the process for testing of drugs.
Retention Times
-the time for a sample
					 component to elute from a chromatographic column which is useful in the
					 possible identification of that component.
Screening (Initial) Test
-a test documented
					 to indicate the possible presence of absence of a particular drug, drug class,
					 or drug metabolite.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-573 - Qualifications of Forensic Laboratories

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each forensic laboratory seeking approval
				  from the department to perform analysis of controlled dangerous substances in
				  bodily fluids shall comply with the qualifications as established by the
				  Louisiana State Police Crime Laboratory in accordance with these
				  rules.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-575 - Operating Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  laboratory shall have a procedural manual which will include detailed
				  descriptions of procedures for testing. In addition, laboratory policies shall
				  exist which govern sample receiving, chain of custody, analysis, quality
				  control and quality assurance, choice of reagents, review of data, and
				  reporting. The procedural manual shall include the following:
1. instructions for preparation of
				  reagents;
2. details of the
				  analytical procedure;
3.
				  instructions for preparation of controls and calibrators;
4. references to include theory and principle
				  of the method.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-577 - Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The toxicology
				  laboratory shall be supervised by a person who is qualified by reason of
				  appropriate education and experience to assume the required professional,
				  organizational, educational, and administrative responsibilities. The
				  supervisor shall possess at least a bachelor's of science degree from an
				  accredited college or university in one of the chemical, physical or biological
				  sciences, medical technology, criminalistics, forensic science, toxicology, or
				  pharmacology, and shall have at least four years of full-time experience in a
				  toxicology or forensic laboratory.
B. Analytical personnel shall also possess
				  the minimum educational requirements as stated for the supervisor. The analyst
				  shall be trained and show proficiency in each procedure performed.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-579 - Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Individuals
				  seeking to conduct drug testing in compliance with R.S. 32:661-669, shall:
1. make application to the Louisiana State
				  Police Crime Laboratory;
2. submit
				  a copy of their laboratory's operating procedural manual as related to
				  toxicological testing;
3.
				  successfully screen a sample comprised of one or more drugs or drug metabolites
				  in a sample of whole blood, serum, or urine matrix. The sample may be furnished
				  through the Louisiana State Police Crime Laboratory. Successful screening shall
				  consist of:
a. not reporting any false
				  positives;
b. confirming the
				  presence of no less that 75 percent of the analytes routinely
				  screened.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-581 - Receiving and Sampling of Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Evidence submitted for toxicological examination shall be labeled for
				  identification, securely sealed, and submitted in a container appropriate for
				  shipping and maintaining security. They shall have been taken with the contents
				  of a blood and/or urine collection kit approved by the Louisiana State Police
				  crime laboratory. Such kits shall be made available to all law enforcement
				  agencies through the Louisiana State Police.
B. The kits shall contain no components which
				  would interfere with the results of the test and each kit must be suitable for
				  the purpose of collecting blood and/or urine for forensic toxicological
				  determinations.
C. The sample taken
				  for analysis should be refrigerated and delivered to a designated collection
				  site within 24 hours following the end of the collecting officer's shift. It
				  shall then be transported to the laboratory utilized for analysis at the
				  earliest opportunity after collection, not to exceed 10 days.
D. After submitting the sample to the testing
				  facility, specimens shall then be refrigerated in a designated evidence
				  security area.
E. Following
				  analysis, the evidence will be stored for a period of one year under
				  refrigeration either at the testing facility or by the submitting agency. After
				  the one-year storage period, the evidence may be destroyed. Evidence collected
				  subsequent to law enforcement investigations and/or search warrant executions
				  are subject to the aforementioned storage period and destruction policy.
				  Additional storage duration and/or destruction criteria may be implemented by
				  the testing facility or submitting agency.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-583 - Analytical Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Analytical procedures shall include the use of at least two tests (a screening
				  test and a confirmation test, or two confirmation tests) performed for each
				  analyte present. If a screening test is used, the confirmation tests shall be
				  based on a different physical or chemical principle from that of the screening
				  test and offer a higher degree of specificity. All confirmation tests shall be
				  performed using gas chromatography/mass spectrometry or liquid
				  chromatography/mass spectrometry. Screening tests may include, but not be
				  limited to, colorimetric, enzymatic, or chromatographic analysis. Confirmation
				  of the identity of an analyte in a different specimen from that used for the
				  first test (e.g., blood and urine) is acceptable, as is reconfirmation in a
				  second aliquot of the same specimen.
B. Positive identification of an analyte
				  shall at a minimum be based on the possible presence of the analyte or the
				  analyte class in the screening test and its presence in the confirmatory test.
				  Confirmation shall be based on the identification of at least three major ions
				  with that of a reference analyte, unless otherwise specified below. When
				  confirmation is made by selective ion monitoring in either gas or liquid
				  chromatography procedures, correlation between ion ratios of the base peak and
				  another major peak shall be within 20 percent for gas chromatography/mass
				  spectrometry procedures and within 30 percent for liquid chromatography/mass
				  spectrometry procedures. When confirmation is made by multiple reaction
				  monitoring using either gas or liquid chromatography procedures, the presence
				  of a characteristic precursor ion and two product ions shall have an ion ratio
				  within + or - 30 percent to that of a calibrator, or the average of all
				  calibrators for the run. When the confirmation is made by gas or liquid
				  chromatography coupled to a Time-of-Flight (ToF) or other high-resolution mass
				  spectrometer (HRMS), the presence of a characteristic precursor ion with
				  overall mass accuracy shall be less than 15 parts-per-million or + or - 5
				  millimass units. At least one additional product ion compared to that of a
				  reference analyte shall also be present. Retention times between the analyte in
				  question and the reference analyte shall be "within + or - 2 percent" for gas
				  chromatography/mass spectrometry procedures and "within + or - 6 seconds or +
				  or - 10 percent" for liquid chromatography/mass spectrometry
				  procedures.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-585 - Review of Data

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before results
				  are reported, all analytical data shall be reviewed and approved by the
				  toxicology supervisor or a designee with the analytical protocols used by the
				  laboratory. The review shall be documented within the analytical
				  record.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-587 - Quality Assurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  laboratory shall participate in an external proficiency testing program for
				  drugs in at least one type of specimen at least once every calendar year. The
				  results of the proficiency testing shall be reviewed by the
				  department.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-589 - Maintenance, Repair and Inspection of Instrumentation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Maintenance and repair of all analytical
				  instrumentation used for the purpose of analyzing the samples required in these
				  guidelines may be performed by the supervisor of the toxicology unit or by an
				  analyst assigned to the unit. This may include, but not be limited to,
				  cleaning, replacing septa and injection port liners, changing columns, changing
				  gases and gas flows, adjusting temperature settings, and other routine checks
				  deemed necessary for accurate performance. In addition, the supervisor or
				  analyst may perform diagnostic testing and repair as instructed by a service
				  engineer from the equipment manufacturer or other service repair facility or
				  from a manual provided by the equipment manufacturer detailing diagnostics and
				  repair. Following each maintenance and repair, inspection of the instrument
				  shall include the analysis of a known drug standard or mixture of standards to
				  insure that the instrument is in proper working order. Instrumentation is to be
				  checked each day that analysis is to be performed. A maintenance log shall be
				  maintained for each particular instrument listing all repair or maintenance
				  work performed. The log shall at a minimum list the date, time, nature of work
				  and the name of the person performing the work.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter C - Analysis of Blood and Urine for Controlled Dangerous Substances › Section I-591 - Reagents and Supplies

Current through Register Vol. 50, No. 6, June 20, 2024
A. All drugs
				  used for the preparation of reference drug standards shall be commercially
				  purchased and shall be traceable to a certificate of analysis indicating that
				  it has met the manufacturer's acceptable specifications for use. Purity of
				  chemicals used in the analytical procedures shall be at least reagent grade as
				  recognized by the American Chemical Society and water shall be distilled or
				  de-ionized.
B. All instrument
				  reagents shall be prepared in accordance with the manufacturer's
				  instructions.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 32:663.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 6 - Ignition Interlock Devices › Section I-605 - Manufacturers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				manufacturer seeking approval shall submit to the department the following
				documents and items of information:
1. a copy
				of the corporate charter, and if the manufacturer is a corporation chartered
				outside of Louisiana, a certificate from the Louisiana secretary of state
				authorizing the transacting of business in Louisiana;
2. a statement providing the names, titles,
				addresses and phone numbers of all officers of the corporation or personnel of
				the manufacturer who are charged with knowledge of the operations and business
				of the manufacturer in Louisiana, together with a job title and description for
				each such officer of personnel;
3.
				a copy of each policy of liability insurance in force covering product
				liability and operations of the manufacturer in Louisiana;
4. a copy of a letter of instruction to the
				insurance company issuing the policy of product liability coverage for the
				manufacturer instructing said company to notice the department for any lapse in
				coverage for said policy;
5. a
				security bond in the face amount of $1 million with a solvent surety company
				carrying at least an "A" rating with the commissioner of insurance for the
				state of Louisiana providing financial protection to any person or entity
				harmed by the malfunction of any approved ignition interlock device of the
				manufacturer which is used in Louisiana. This security bond may be utilized in
				lieu of the providing of a policy of product liability insurance referred to in
				Paragraph 3 above;
6. copies of all
				forms, documents, manuals or other written materials of the manufacturer
				utilized in the training of personnel or probationary drivers, in the
				administration of its maintenance and inspection programs or marketing of its
				product, along with any audio/visual aids so utilized. The manufacturer shall
				not utilize any such materials not provided to the department or approved by
				the department in administering its program and/or its product in Louisiana.
				Required documentation shall include the manual for training of the installers,
				manuals for the servicing and maintenance of the ignition interlock device and
				manuals or other aids provided to probationary drivers.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 6 - Ignition Interlock Devices › Section I-607 - Regulation of Manufacturers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Good
				faith compliance with statutory regulation is required as a condition of
				continued good standing and approval of a manufacturer and his devices and
				operations. Neglect of good faith compliance, along with tardy, inaccurate or
				incomplete reports or record keeping, unavailability of key persons to receive
				communications from the department or failure to appear before the department
				for consultations, discussions or clarifications, may give rise to written
				administrative warnings. Although the intent of this procedure is to provide a
				less formal method of mutually exploring the respective positions of the
				department and the manufacturer, this procedure can be utilized in conjunction
				with more formal methods requiring minutes, etc.
B. Under the general authority of
				R.S.
				15:307(C), the department
				may impose probationary conditions upon a manufacturer who fails to adhere to
				the requirements of law. Probations will be imposed in the following manner.
1. Written warning will be provided to a
				manufacturer at the address provided to the department regarding any neglect or
				noncompliance with the statutory regulations.
2. If after a reasonable delay the
				manufacturer fails to comply with the statutory regulations, the department may
				issue another warning to the manufacturer or impose written probationary
				conditions upon said manufacturer. The department may withdraw approval of a
				manufacturer for an indefinite period of time until at least the manufacturer
				corrects all statutory noncompliance. Any withdrawal of approval shall be in
				writing and shall state the reasons for said withdrawal and shall be mailed to
				the manufacturer at the address provided to the department by the manufacturer.
				The manufacturer shall then notify all installers of its equipment in Louisiana
				of the withdrawal of approval in writing. The withdrawal of approval may be
				only partial as to a particular part of the manufacturer's program in those
				situations where deficiencies of the manufacturer only affect limited
				activities, persons or situations and where there is no general neglect of all
				facets of the manufacturer's operation in Louisiana.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 6 - Ignition Interlock Devices › Section I-609 - Manufacturer's File on Driver

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				manufacturer, or his designated representative in Louisiana, shall maintain in
				a file unique to each probationary driver legible copies of the following
				documents:
1. order of the sentencing court
				setting forth the terms and conditions of probation;
2. certificate of installation and
				acknowledgment by probationary driver;
3. ignition interlock monitoring
				reports;
4. if the probationary
				driver is utilizing a third-party owned vehicle, written permission from the
				owner of said vehicle to install the approved ignition interlock
				device;
5. any physical evidence of
				tampering or attempted tampering with the ignition interlock device discovered
				by the manufacturer or his designated representative.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 6 - Ignition Interlock Devices › Section I-611 - Driver's License and Proof of Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within seven days of the date the court
				imposed a probationary sentence upon a probationary driver, the probationary
				driver shall submit his current Louisiana driver's license to the department
				for the imprinting of the court's restriction on said license. The probationary
				driver shall also furnish to the department proof of liability insurance
				coverage pursuant to
				R.S.
				32:871 et seq. The department shall charge
				the probationary driver the sum of $5.50 as a handling fee for the above
				services.
AUTHORITY NOTE:
				  Promulgated in accordance with 57 FR, No. 67, 49 FR 48854,
				  R.S.
				  32:378.2,
				  R.S.
				  15:306,
				  R.S.
				  15:307.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 6 - Ignition Interlock Devices › Section I-615 - Installation and Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant
				to the requirements of
				R.S.
				32:378.2(H) and
				R.S.
				15:306(C), all approved
				ignition interlock devices installed shall be monitored directly by trained
				technicians at least every 67 days, or at such other interval required by the
				court. The direct monitoring by trained technicians shall include on site
				physical inspection of the device, the vehicle, and the wiring between the two
				to determine if there has been an attempted tampering and/or circumvention of
				the device. Any physical signs of tampering and/or circumvention shall be
				photographed and documented in writing by the manufacturer or his designated
				representative. Evidence of tampering/circumvention shall be reported by the
				manufacturer or his representative to the department and to the appropriate
				court within 48 hours of detection. All data downloaded from the device
				evidencing the driver's violation of state law, the department's regulations,
				or the appropriate court's orders shall be reported by the manufacturer to the
				appropriate court and to the department within 14 days of discovery.
B. Monitoring shall also include physical
				re-calibration of the device and downloading of all events contained in the
				device's memory. These events shall be printed in a summary fashion and
				maintained in the applicable probationary driver's file.
C. The manufacturer may allow the devices to
				lock out the probationary driver and may terminate monitoring in the event of
				the driver's failure to pay monitoring fees.
AUTHORITY NOTE:
				  Promulgated in accordance with 57 FR, No. 67, 49 FR 48854,
				  R.S.
				  15:306,
				  R.S.
				  15:307.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 6 - Ignition Interlock Devices › Section I-617 - Notice of Probation Revocation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The sentencing court shall supply to the department notice of any revocation or
				modification of the probation of any probationary driver. Notice of same shall
				be sent to the Department of Public Safety and Corrections, Office of Motor
				Vehicles, Legal Compliance Section, Box 64886, Baton Rouge, LA 70896.
AUTHORITY NOTE:
				  Promulgated in accordance with 57 FR, No. 67, 49 FR 48854,
				  R.S.
				  32:378.2,
				  R.S.
				  15:306,
				  R.S.
				  15:307.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 7 - Environmental Emergency Response Training Program › Section I-701 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A.Section 705 of these regulations governing the
				Environmental Emergency Response Training Course is established by the
				Department of Public Safety as authorized by Act 361 of the Regular Session of
				the Legislature 1983.
B. These
				regulations may be cited as the Emergency Response Course.
AUTHORITY NOTE:
				  Promulgated in accordance with Act 361 of the 1983 Louisiana
				  Legislature.