New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter D - Laboratories › Part 59 - Chemical Analyses Of Blood, Urine, Breath Or Saliva For Alcoholic Content › Section 59.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Techniques and
				  methods means the collection, processing and determination of the alcoholic
				  content of body fluids such as human blood, saliva or urine, and of breath or
				  alveolar air by protocols and/or instruments determined by the commissioner to
				  be acceptable.
(b) Per centum by
				  weight of alcohol as used in the Vehicle and Traffic Law and the Environmental
				  Conservation Law means percent weight per volume, that is, grams of alcohol per
				  100 milliliters of whole blood.
(c)
				  Chemical tests/analyses include breath tests conducted on breath analysis
				  instruments approved by the commissioner in accordance with section
				  59.4 
				  of this Part.
(d) Training agency
				  or agencies means the Office of Public Safety of the Division of Criminal
				  Justice Services, the Division of State Police, the Nassau County Police
				  Department, the Suffolk County Police Department and/or the New York City
				  Police Department.
(e) Commissioner
				  means the New York State Commissioner of Health.
(f) Department means the New York State
				  Department of Health.
(g) Ignition
				  interlock device means any blood alcohol concentration equivalence measuring
				  device which connects to a motor vehicle ignition system and prevents a motor
				  vehicle from being started without first determining through a deep lung breath
				  sample that the operator's equivalent breath alcohol level does not exceed the
				  calibrated setting on the device as required by standards in this
				  Part.
(h) Blood alcohol
				  concentration (BAC) means the weight amount of alcohol contained in a unit
				  volume of blood, measured as grams ethanol/100 ml blood and expressed as %,
				  grams %, % weight/volume (w/v), and % BAC. Blood alcohol concentration in this
				  Part shall be designated as % BAC.
(i) Testing laboratory means a nationally
				  recognized, independent materials testing laboratory that is not affiliated
				  with, and operates autonomously from, any ignition interlock device
				  manufacturer, is properly equipped and staffed to carry out test procedures
				  required by this Part, and is independently accredited in accordance with
				  requirements for the competence of testing and calibration laboratories
				  promulgated as a standard by the International Organization for Standardization
				  (ISO), or other commensurate standard acceptable to the department.
(j) Breath analysis instrument means a device
				  that complies with section
				  59.4 
				  of this Part.
(k) Saliva means oral
				  fluid.
(l) Calibration means the
				  activity of verifying that a value generated by the instrument is in acceptable
				  agreement with the assigned value for a traceable and/or certified reference
				  standard, including any adjustment to the instrument to bring it into
				  acceptable agreement.