New Mexico Administrative Code › Title 7 - HEALTH › Chapter 33 - SCIENTIFIC, CHEMICAL AND BIOLOGIC LABORATORIES AND TESTING › Part 2 - BLOOD AND BREATH TESTING UNDER THE NEW MEXICO IMPLIED CONSENT ACT › Section 7.33.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Adequate
				operational environment" - An area that has limited exposure to volatile
				organic compounds, has access restricted to authorized personnel and has been
				evaluated for radio frequency interference.
B. "Alcohol" - A hydrocarbon molecule that
				contains a hydroxyl group (oxygen, hydrogen) as its primary functional
				group.
C. "Blood" - Whole blood
				which contains the cellular components and the serum or plasma of blood or
				hemolyzed blood.
D. "Blood alcohol
				concentration (BAC)" - The concentration of alcohol in blood; the unit of
				measurement of alcohol in blood is the number of grams of alcohol per 100
				milliliters of blood.
E. "Breath" -
				That portion of exhaled lung air that is collected for alcohol
				analysis.
F. "Breath alcohol
				concentration (BrAC)" - The concentration of alcohol in breath; the unit of
				measurement is the number of grams of alcohol per 210 liters of
				breath.
G. "Breath alcohol
				instrument" - Any evidential breath testing device that is capable of analyzing
				breath to establish the concentration of alcohol contained in a breath sample.
				Such instruments must be approved and individually certified by SLD for use in
				testing pursuant to the Implied Consent Act and this rule.
H. "Breath alcohol instrument modification" -
				Any alteration, variation or redesign of any part, device or electronic circuit
				that directly affects, alters, varies or changes the analytical or operational
				section of the equipment.
I.
				"Calibration check" - The analysis of an externally delivered, controlled,
				ethanol vapor specimen of known alcohol concentration. SLD shall determine the
				breath alcohol simulator solutions or gases to be used.
J. "Director" - The director of
				SLD.
K. "Drug" - Any chemical agent
				that affects living processes and has the potential to impair those
				processes.
L. "Equipment" - Devices
				which are not a component of the breath alcohol instrument but assist in
				meeting the requirements of an evidentiary breath test, including but not
				limited to simulators, gas tanks, gas brackets, and reference
				standards.
M. "Fixed location" - A
				location inside a building or breath testing mobile command center which is the
				primary or sole site for a breath alcohol instrument.
N. "Foreign substance" - Material not
				commonly found in the human mouth; it does not include dental appliances,
				dental adhesives, orthodontics or orthotics.
O. "Certified key operator" - An individual
				who has successfully completed the course for a certified operator and who has
				successfully completed a key operator class conducted by SLD.
P. "Certified operator" - A person who has
				successfully completed a breath alcohol operator class conducted by a
				representative of SLD or a SLD certified instructor and who qualifies to
				conduct implied consent breath alcohol tests.
Q. "Inspection" - A thorough examination and
				testing of a breath alcohol instrument by trained personnel to evaluate its
				accuracy and compliance with this SLD rule.
R. "Operator instructor" - Operator
				instructors train, test, and grade breath operators in the use of breath
				alcohol instruments.
S. "Portable
				instrument" - A breath alcohol instrument intended for use inside or outside
				buildings, including mobile applications (e.g. in vehicles).
T. "Preservative" - Any chemical that
				inhibits the development of microbial growth in a collected blood
				sample.
U. "Proficiency" - A
				solution of unknown alcohol concentration in blood or water used to evaluate
				the competency of an analyst or key operator conducting a chemical test and to
				assure the accuracy and precision of the instrument in reference to the target
				value(s).
V. "Sample" - A quantity
				of a subject's blood or exhaled breath to be analyzed for the presence of
				alcohol or other drugs or both pursuant to the New Mexico Implied Consent
				Act.
W. "Supplies" - Items that are
				used in the process of administering a breath or blood test but do not impact
				the test results, including but not limited to mouthpieces, and printer
				paper.
X. "Scientific laboratory
				division (SLD)" - A division of the department of health.
Y. "System blank" - A reference sample such
				as ambient air or distilled water containing no analyte of interest used to
				verify a negative test result for the purpose of testing blood or breath
				instruments.
Z. "Test" - In the
				case of blood, "test" means the analysis of a blood sample for alcohol or other
				chemical substances or both. In the case of breath, "test" means the analysis
				of breath samples for alcohol or other chemical substances or both.