North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 41 - EPIDEMIOLOGY HEALTH › Subchapter B - INJURY CONTROL › Section .0100 - GENERAL POLICIES › Section 41B .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions in
					 G.S.
					 18B-101,
					 G.S.
					 20-4.01,
					 G.S.
					 130A-3 and the following shall apply
					 throughout this Subchapter:
(1)
				  "Alcoholic Breath Simulator" means a constant temperature water-alcohol
				  solution bath instrument devised for the purpose of providing a standard
				  alcohol-air mixture;
(2)
				  "Breath-testing Instrument" means an instrument for making a chemical analysis
				  of breath and giving the resultant alcohol concentration in grams of alcohol
				  per 210 liters of breath;
(3)
				  "Controlled Drinking Program" means a bona fide scientific, experimental,
				  educational, or demonstration program in which tests of a person's breath or
				  blood are made for the purpose of determining his alcohol concentration when
				  such person has consumed controlled amounts of alcohol;
(4) "Director" means the Director of the
				  Division of Public Health of the Department;
(5) "Handling Alcoholic Beverages" means the
				  acquisition, transportation, keeping in possession or custody, storage,
				  administration, and disposition of alcoholic beverages done in connection with
				  a controlled-drinking program;
(6)
				  "Observation Period" means a period during which a chemical analyst observes
				  the person or persons to be tested to determine that the person or persons has
				  not ingested alcohol or other fluids, regurgitated, vomited, eaten, or smoked
				  in the 15 minutes immediately prior to the collection of a breath specimen. The
				  chemical analyst may observe while conducting the operational procedures in
				  using a breath-testing instrument. Dental devices or oral jewelry need not be
				  removed;
(7) "Permittee" means a
				  chemical analyst possessing a valid permit from the Department to perform
				  chemical analyses, of the type set forth within the permit;
(8) "Simulator Solution" means a
				  water-alcohol solution made by preparing a stock solution of distilled or
				  American Society for Testing and Materials Type I water and 48.4 grams of
				  alcohol per liter of solution. Each 10 ml. of this stock solution is further
				  diluted to 500 ml. by adding distilled or American Society for Testing and
				  Materials Type I water. The resulting simulator solution corresponds to the
				  equivalent alcohol concentration of 0.08;
(9) "Verify Instrument Accuracy" means
				  verification of instrumental accuracy of an approved breath testing instrument
				  or approved alcohol screening test device by employment of a control sample
				  from an alcoholic breath simulator using simulator solution and obtaining the
				  expected result or 0.01 less than the expected result as specified in Item (8)
				  of this Rule; or by employment of a control sample from an ethanol gas canister
				  and obtaining the expected result or 0.01 less than the expected result as
				  specified in Item (10) of this Rule. When the procedures set forth for approved
				  breath testing instruments in Section .0300 of this Subchapter and for approved
				  alcohol screening test devices in Section .0500 of this Subchapter are followed
				  and the result specified herein is obtained, the instrument shall be deemed
				  accurate;
(10) "Ethanol Gas
				  Canister" means a dry gas calibrator producing an alcohol-in-inert gas sample
				  at an accurately known concentration from a compressed gas cylinder. The
				  resulting alcohol-in-inert gas sample corresponds to the equivalent
				  concentration of 0.08.
Authority
					 G.S.
					 20-139.1(b);
					 20-139.1(g);
Eff. February 1, 1976;
Readopted Eff. December 5, 1977;
Amended Eff. November 1, 2007; April 1, 2001; January 1, 1995; January 4, 1994;
					 October 1, 1990; September 1, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.