reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 1 - Organization, Operations, Procedures and Policies › Section 40:1-1-3 - General course and method of operation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Office(s) of the board.
The principal Administrative Office of the
			 Board shall be located at a site designated by the Board.
(b)
Transaction of business with the
			 board by the public.
Members of the public and others desiring to
			 contact or make inquiries and submissions to the Board may do so in person at
			 the principal Administrative Office of the Board, during normal and usual
			 business hours for State of Oklahoma agencies, or by mail addressed to: State
			 Director of Tests for Alcohol and Drug Influence, Board of Tests for Alcohol
			 and Drug Influence, P.O. Box 36307 Oklahoma City, Oklahoma 73136, or through
			 the Board's website at
www.ok.gov/bot
.
(c)
Access to records.
(1) Copies of all Rules and Regulations
			 adopted by the Board, and of all other written statements of policy or
			 interpretations of general applicability by the Board, and of all final orders,
			 decisions, and opinions of general applicability may be inspected, unless
			 otherwise provided by law, at the principal Administrative Office of the Board
			 during its normal business hours. Such records shall not be removed from the
			 Board's office or the Board's custody and control for the purpose of
			 inspection.
(2) Copies of Rules and
			 Regulations adopted by the Board are also on file and available for public
			 inspection in the Office of Administrative Rules, Office of the Secretary of
			 State.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 1 - Organization, Operations, Procedures and Policies › Section 40:1-1-6 - Fees

Current through Vol. 41, No. 20, July 1, 2024
Fee Schedule.
The following is the schedule of
				fees for the Board of Tests for Alcohol and Drug Influence:
(1) Initial Breath Test Operator Training
			 (including $2.00 portal fee) - $62.00
(2) Renewal Breath Test Operator Permit
			 (including $2.00 portal fee) - $12.00
(3) Nitrogen/Ethanol Canister Exchange
			 (non-BOT owned instrument) - $130.00
(4) Certified Copies - $1.00 per
			 page
(5) Non-certified copies - .25
			 per page
(6) Electronic copies of
			 records - $15.00 per CD
(7)
			 Ignition Interlock Device Certification (including $2.00 portal fee)- $1,002.00
			 per device
(8) Ignition Interlock
			 Service Center License (including $2.00 portal fee)- $102.00
(9) Initial Ignition Interlock Technician
			 License (including $2.00 portal fee) - $37.00
(10) Ignition Interlock Technician License
			 Renewal (including $2.00 portal fee) - $27.00
(11) Ignition Interlock Verification Form
			 (including $2.00 portal fee) - $12.00
(12) Ignition Interlock Maintenance and
			 Calibration Fee - $10.00.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 1 - Purpose › Section 40:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter pertain to persons involved in
				  various aspects of the conduct of tests for alcohol and other intoxicating
				  substances under the provisions of Title 47 O.S., Sections 751-761 and 3 O.S.,
				  Section 303 and 63 O.S., Section 4210A, Oklahoma Statutes. These rules address
				  standards and qualifications of breath-alcohol test operators and supervisors,
				  forensic alcohol and drug analysts, specimen collectors and other personnel,
				  and regulate initial issuance, renewal and reinstatement of permits for such
				  persons.
Amended at 14 Ok Reg
				  1521, eff 7-1-97
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-1 - Qualifications and requirements for breath-alcohol operators (initial permits)

Current through Vol. 41, No. 20, July 1, 2024
Qualifications and requirements for breath-alcohol operators
				  (initial permits) are as follows:
(1)
				Must be a qualified employee of a recognized Oklahoma law enforcement agency,
				or the Board of Tests for Alcohol and Drug Influence. Employees of Federal or
				Tribal law enforcement agencies, tasked with conducting breath tests, may
				obtain a permit under the same conditions as employees of recognized Oklahoma
				law enforcement agencies, at the discretion of the Federal or Tribal law
				enforcement agency. Nothing in this rule requires the employees of Federal or
				Tribal law enforcement agencies to obtain a permit to conduct breath tests in
				support of Federal or Tribal enforcement.
(2) Satisfactory completion, within 1 year
				prior to application for an Operator permit, of a course of instruction in
				breath-alcohol analysis acceptable to the Board of Tests for Alcohol and Drug
				Influence.
(3) Establishment, to
				the satisfaction of the Board of Tests for Alcohol and Drug Influence, of the
				applicant's competence to operate Board approved breath test instrument(s).
Amended at 20 Ok Reg
				  2249, eff 7-11-03; Amended at 27 Ok Reg 2657, eff
				  8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-2 - Qualifications and requirements for breath-alcohol specialist (initial permit) [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  2249, eff 7-11-03; Amended at 27 Ok Reg 2657, eff
				  8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-3 - Qualifications and requirements for breath-alcohol operators (renewal permits)

Current through Vol. 41, No. 20, July 1, 2024
Qualifications for breath-alcohol operators (renewal
				  permits) are as follows:
(1) Must be a
				qualified employee of a recognized Oklahoma law enforcement agency, or the
				Board of Tests for Alcohol and Drug Influence. Employees of Federal or Tribal
				law enforcement agencies, tasked with conducting breath tests, may obtain a
				permit under the same conditions as employees of recognized Oklahoma law
				enforcement agencies, at the discretion of the Federal or Tribal law
				enforcement agency. Nothing in this rule requires the employees of Federal or
				Tribal law enforcement agencies to obtain a permit to conduct breath tests in
				support of Federal or Tribal enforcement.
(2) Possession of a valid Breath-Alcohol
				Analysis Operator Permit issued by the Board of Tests for Alcohol and Drug
				Influence.
(3) Annual completion of
				a requalification or retraining course of instruction in breath alcohol
				analysis as applicable, consisting of such instruction as deemed applicable and
				necessary by the State Director of Tests for Alcohol and Drug
				Influence.
(4) Annual
				establishment, to the satisfaction of the State Director of Tests for Alcohol
				and Drug Influence, of the applicant's competence to operate Board approved
				breath test instrument(s).
Amended at 20 Ok Reg
				  2249, eff 7-11-03; Amended at 27 Ok Reg 2657, eff
				  8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-4 - Qualifications and requirements for breath-alcohol specialist (renewal permits) [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  2249, eff 7-11-03; Amended at 27 Ok Reg 2657, eff
				  8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-5 - Reinstatement of expired breath-alcohol analysis permits

Current through Vol. 41, No. 20, July 1, 2024
Persons who otherwise meet the qualifications and
				  requirements for issuance of a renewal Breath-Alcohol Analysis Operator Permit
				  whose initial or renewal Permit has expired because of failure satisfactorily
				  to complete a timely requalification course of instruction acceptable to the
				  State Director of Tests for Alcohol and Drug Influence may regain eligibility
				  for active and valid Permit status, for good cause and in the discretion of
				  this Board, by the following Permit Reinstatement procedure.
(1) Documentation that a valid Breath-Alcohol
				Analysis Operator Permit was issued to the applicant under authority of this
				Board, of the issue and expiration dates of said Permit, and that said Permit
				had not been revoked for cause.
(2)
				Completion of a designated application form for Permit Reinstatement, inclusive
				of all required information.
(3)
				Must be a qualified employee of a recognized Oklahoma law enforcement agency,
				whose duties include performance or training of Breath-Alcohol Analysis
				Testing.
(4) Satisfactory
				completion of a requalification or retraining course of instruction in
				breath-alcohol analysis operation consisting of such theoretical and practical
				instruction and laboratory practice as deemed applicable and necessary by the
				State Director of Tests for Alcohol and Drug Influence in consultation with the
				instructional staff.
(5)
				Establishment, by written and practical examination, to the satisfaction of the
				State Director of Tests for Alcohol and Drug Influence of the applicant's
				respective competence to perform, or to conduct administrative maintenance on
				breath-alcohol testing devices.
Amended at 20 Ok Reg
				  2249, eff 7-11-03; Amended at 27 Ok Reg 2657, eff
				  8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-6 - Initial training of breath alcohol operators

Current through Vol. 41, No. 20, July 1, 2024
(a)
Policies pertaining to initial
				training of breath-alcohol operators.
Initial training of breath-alcohol
				operators in the State of Oklahoma shall be conducted in accordance with the
				following policies:
(1) The training shall be
				conducted by or under the authority of the Board of Tests for Alcohol and Drug
				Influence.
(2) The training shall
				comply with all applicable and current rules of the Board of Tests for Alcohol
				and Drug Influence and shall be conducted in accordance with such pertinent
				practices, procedures, and directives as are established or set forth by the
				State Director of Tests for Alcohol and Drug Influence.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-7 - Instructors for breath-alcohol training courses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Policies pertaining to
				breath-alcohol training instructors.
The following policies apply to
				instructors for breath-alcohol training courses :
(1) Only the State Director of Tests for
				Alcohol and Drug Influence or persons possessing the qualifications set forth
				herein and holding an appropriate valid and current instructor permit shall
				conduct instruction and training within the State of Oklahoma in breath-alcohol
				analysis and related subjects under the jurisdiction and authority of this
				Board.
(2) Instructor permits shall
				be issued to qualified persons by authority of the Board of Tests for Alcohol
				and Drug Influence in such categories or combinations of categories as may,
				from time to time, be established by the Board.
(3) Instructors shall comply with this
				Board's rules and the policies, practices, procedures and directives for
				breath-alcohol analysis training established by authority of this Board, and
				with the other conditions and requirements set forth herein.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-8 - Qualifications and requirements for Independent breath-alcohol operators (initial permits) [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 2249,
				  eff 7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-9 - Qualifications and requirements for Independent breath-alcohol Specialist (initial permit) [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 2249,
				  eff 7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-10 - Qualifications and requirements for Independent breath-alcohol operators (renewal permits) [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 2249,
				  eff 7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-11 - Qualifications and requirements for Independent breath-alcohol Specialist (renewal permits) [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 2249,
				  eff 7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-12 - Reinstatement of expired independent breath-alcohol analysis permits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 2249,
				  eff 7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-13 - Revocation of breath-alcohol operator permits

Current through Vol. 41, No. 20, July 1, 2024
Revocation refers to the immediate cancellation of a permit.
(1) A breath alcohol operator permit
				may be revoked by the Board when, in the opinion of the Board, the operator no
				longer meets the requirements of these rules because of unreliability,
				incompetence, or violation of these rules, or in any case where, in the opinion
				of the Board, continuance of licensure would not uphold the scientific
				integrity of the breath testing program.
(2) Upon revocation, the Board shall forward
				the notice and order of revocation of the breath alcohol operator permit to the
				operator and his/her employer specifying the basis for the revocation.
(3) The Board, in its sole
				discretion, shall determine the period of revocation.
(4) A revocation cancels any license issued
				to the breath alcohol operator for the period of revocation.
(5) During the period of revocation, the
				revoked breath alcohol operator shall cease any and all activities related to
				evidential breath testing in the state of Oklahoma.
(6) Licensure of a breath alcohol operator
				whose license has been revoked will require a written request from the
				applicant to the Board and successful completion of the original requirements
				for licensure outlined in this subsection.
(7) Revocation shall be for the purpose of
				maintaining the scientific integrity of the program and enforcing these
				rules.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 3 - Breath-Alcohol Analysts › Section 40:10-3-14 - Appeal process

Current through Vol. 41, No. 20, July 1, 2024
An appeal of any action issued under the requirements in this
				  title may be made in the following manner:
(1)
The Director.
(A) A request for appeal must be received at
				the administrative offices of the Board within 30 days of the date of action.
(B) Upon proper submission, the
				Director shall issue an administrative order sustaining or overruling the
				action within 30 days.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 5 - Breath Sample Collection Personnel › Section 40:10-5-1 - Qualifications for the collection of specimens of breath for determination of their alcohol concentration

Current through Vol. 41, No. 20, July 1, 2024
Every individual possessing a valid unexpired permit, issued
				  by the Board of Tests for Alcohol and Drug Influence, to perform tests for
				  alcohol on specimens of breath as Breath-Alcohol Analysis Operator is hereby
				  declared to be qualified to collect specimens of breath from human subjects for
				  the determination of the alcohol concentration thereof. Every valid unexpired
				  permit issued by this Board for the performance of tests for alcohol on
				  specimens of breath shall be deemed, and is declared to be, a valid permit for
				  the collection, by its holder, of specimens of breath from human subjects for
				  the determination of the alcohol concentration thereof.
Amended at 20 Ok Reg
				  2249, eff 7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 7 - Forensic Alcohol and Drug Analysts › Section 40:10-7-1 - Qualifications and requirements for forensic alcohol analysts

Current through Vol. 41, No. 20, July 1, 2024
(a)
Initial issuance of permits.
Persons performing analysis for alcohol of specimens of blood, or delayed
				analysis for alcohol of retained specimens of breath or of the retained alcohol
				content of specimens of breath, hereafter termed "forensic alcohol analysis,"
				under the provision of Title 47, Oklahoma Statutes, shall possess at least the
				following qualifications and shall meet the following requirements, and shall
				be eligible for initial issuance of a Permit to perform such forensic alcohol
				analysis upon satisfying such qualifications and requirements. Such persons
				shall continue to satisfy such qualifications and requirements as a condition
				of the continued validity of such Permit.
(1)
Qualifications.
Qualifications for forensic alcohol analysts
				(initial permits) are as follows:
(A)
				Residence within the State of Oklahoma.
(B) Minimum age of 21 years.
(C) Good moral character.
(D) At least the educational and experience
				requirements stipulated for clinical laboratory technologists, in the fields of
				clinical chemistry or toxicology, in the current implementing Federal
				regulations applicable to laboratories pursuant to the Clinical Laboratory
				Improvement Amendments of 1988 (P.L. No. 100-578), Title 42, Part 405 et al.,
				Code of Federal Regulations, which are adopted in this Section by
				reference.
(E) At least
six
				(6) months
of the pertinent, full-time laboratory experience and/or
				training shall have been in a laboratory or laboratories meeting
				nationally-recognized standards for clinical or forensic laboratories, and
				shall have been in
(i) the field of
				blood-alcohol analysis or forensic toxicology or forensic chemistry or
				criminalistics, or
(ii) other
				pertinent biomedical or forensic laboratory activities.
(F) Competence to perform forensic alcohol
				analysis.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 7 - Forensic Alcohol and Drug Analysts › Section 40:10-7-2 - Qualifications and requirements for forensic drug analysts

Current through Vol. 41, No. 20, July 1, 2024
(a)
Initial issuance of permits.
Persons performing analysis for drugs and other intoxicating substances (as
				defined in 47 O.S., Section 751) of specimens of blood, saliva, or, urine,
				hereafter termed "forensic drug analysis," under the provision of Title 47,
				Oklahoma Statutes, shall possess at least the following qualifications and
				shall meet the following requirements, and shall be eligible for initial
				issuance of a Forensic Drug Analysis Permit to perform such forensic drug
				analysis upon satisfying such qualifications and requirements. Such persons
				shall continue to satisfy such qualifications and requirements as a condition
				of the continued validity of such Permit.
(1)
Qualifications.
Qualifications for forensic drug analysts (initial
				permits) are as follows:
(A) Residence within
				the State of Oklahoma.
(B) Minimum
				age of 21 years.
(C) Good moral
				character.
(D) At least the
				educational and experience requirements stipulated for clinical laboratory
				technologists, in the fields of clinical chemistry or toxicology, in the
				current implementing Federal regulations applicable to laboratories pursuant to
				the Clinical Laboratory Improvement Amendments of 1988 (P.L. No. 100-578),
				Title 42, Part 405 et al., Code of Federal Regulations, which are adopted in
				this Section by reference.
(E) At
				least
six (6) month
of the pertinent, full-time laboratory
				experience and/or training shall have been in a laboratory or laboratories
				meeting nationally-recognized standards for clinical or forensic laboratories,
				and shall have been in
(i) the field of drug
				analysis or forensic toxicology or forensic chemistry or criminalistics,
				or
(ii) other pertinent biomedical
				or forensic laboratory activities.
(F) Competence to perform forensic drug
				analysis.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 10 - Personnel › Subchapter 9 - Blood Specimen Collectors › Section 40:10-9-1 - Persons authorized to withdraw blood

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority to withdraw blood.
Licensed medical doctors, licensed osteopathic physicians, registered nurses,
				licensed practical nurses, personnel licensed in accordance with 63 O.S.
				§1-2505 as Intermediate Emergency Medical Technician, Advanced Emergency
				Medical Technician, or Paramedicacting within the limits of protocols
				established by the applicable medical director and other persons designated by
				law (47 O.S., Section 752) or who otherwise hold a certification or designation
				as a phlebotomist and has been approved by the medical facility for which they
				are employed are authorized to withdraw blood for the purpose of determining
				the concentration of alcohol or other intoxicating substance therein, when
				acting at the request of a law enforcement officer or of an arrested person
				under the provisions of Title 47 and 3 O.S., Section 303 and 63 O.S., Section
				4210A , Oklahoma Statutes.
(b)
Permits.
The current and valid license, registration, practice
				certificate or other official document entitling its holder to engage in the
				practice of the respective profession or practice, issued by the respective
				healing arts licensing body to any qualified practitioner enumerated above is
				deemed by the Board of Tests for Alcohol and Drug Influence to be a valid
				Permit to Withdraw Blood under the provisions of Title 47 and 3 O.S., Section
				303 and 63 O.S., Section 4210A , Oklahoma Statutes.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 15 - Laboratories and Facilities › Section 40:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter concern approval and regulation by
				the Board of forensic alcohol laboratories, forensic drug laboratories, and
				other facilities involved in tests for alcohol and other intoxicating
				substances under the provisions of Title 47 O.S., Sections 751-761 and 3 O.S.,
				Section 303 and 63 O.S., Section 4210A, Oklahoma Statutes. They include
				qualifications and requirements for initial issuance and renewal of permits for
				such entities. All forensic laboratories and facilities that are ISO/IEC
				(International Organization of Standards/International Electrotechnical
				Commission) 17025 accredited, or as defined in 74 O.S. § 150.37 (Forensic
				Laboratory Accreditation Act) are exempt from these rules.
Amended at 14 Ok Reg 1525,
				eff 7-1-97
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 20 - Specimens › Section 40:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter provide procedures for the
				selection, collection, handling, storage, forwarding, and disposition of
				specimens of blood, breath or other materials which are to be analyzed for
				alcohol and other intoxicating substances under the provisions of Title 47
				O.S., Sections 751-761 and 3 O.S., Section 303 and 63 O.S., Section 4210A,
				Oklahoma Statutes.
Amended at 14 Ok Reg 1529,
				eff 7-1-97
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 20 - Specimens › Section 40:20-1-2 - Designation by law enforcement agencies of blood or breath to be tested for alcohol content

Current through Vol. 41, No. 20, July 1, 2024
(a) Law enforcement
			 agencies may designate either blood or breath as the specimen to be obtained
			 and tested for the alcohol concentration thereof, but such designation shall
			 not affect the validity of an otherwise valid test. Such designation shall be
			 submitted on agency letterhead to the principal administrative office of the
			 Board for record keeping purposes.
(b) for any person physically incapable, by
			 reason of illness or injury or other physical disability or unconsciousness, of
			 submitting to and successfully completing a test or tests of breath for the
			 alcohol concentration thereof, a test or tests of blood for the alcohol
			 concentration thereof shall be an approved alternate test to be administered to
			 such person.
Amended at 27 Ok Reg 2663,
				eff 8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 20 - Specimens › Section 40:20-1-3 - Collection, transfer, and retention of blood specimens

Current through Vol. 41, No. 20, July 1, 2024
(a)
Collection of blood.
Collection of specimens of blood from living human subjects under the
			 provisions of Title 47 and Title 3 Section
			 303 and Title 63 Section
			 4210A, Oklahoma Statutes shall be
			 performed as set forth in this Section. The person, from whom blood is
			 collected for analysis of the presence or concentration of alcohol, other
			 intoxicating substances, or a combination thereof, is referred to as the
			 "Tested Person" for the purposes of this Section.
(1)
Collection of blood specimens -
			 general conditions.
(A) Blood
			 specimens shall be collected by persons authorized by Title 47, Section
			 752 of the Oklahoma Statutes, and
			 these rules, to withdraw blood.
(B)
			 The collection of blood from a person with hemophilia or from a person who is
			 taking anticoagulant medications does not invalidate an otherwise valid
			 test.
(C) The expiration date of a
			 glass vacuum tube relates to the manufacturer's federal labeling requirements
			 for medical devices. Blood specimens collected directly in or immediately
			 deposited into 10 milliliter (mL) glass vacuum tubes labeled by the
			 manufacturer as containing 100 milligrams (mg) of sodium fluoride and 20
			 milligrams (mg) of potassium oxalate that are expired does not invalidate an
			 otherwise valid test.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 20 - Specimens › Section 40:20-1-4 - Collection, retention, and transfer of specimens of breath-alcohol [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg 3537,
				eff 7-24-92 (emergency); Amended at 10 Ok Reg 1965, eff 6-1-93; Amended at 14
				Ok Reg 1529, eff 7-1-97; Revoked at 20 Ok Reg 2253, eff
				7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 25 - Devices, Equipment, and Reference Standards › Section 40:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this chapter concern approved devices, approved
				equipment, approved reference standards, and other items(as defined) used for
				or involved in tests for alcohol and other intoxicating substances under the
				provisions of 47 O.S., Sections 751-761 and 3 O.S., Section 303 and 63 O.S.,
				Section 4210A.
Amended at 14 Ok Reg 1533,
				eff 7-1-97; Amended at 20 Ok Reg 2839, eff 6-5-03 (emergency); Amended at 21 Ok
				Reg 2655, eff 7-11-04; Amended at 25 Ok Reg 1524, eff
				6-12-08
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 25 - Devices, Equipment, and Reference Standards › Section 40:25-1-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this chapter, shall
				have the following meaning, unless the context clearly indicates
				otherwise:
"Alcohol"
means Ethyl Alcohol, also defined as
				ethanol.
"Breath alcohol test"
means the collection and
				analysis of a person's expired alveolar breath to determine alcohol
				concentration.
"Director"
means the position of the State
				Director of the Board as defined in O.A.C.
				40:1-1-3.
"Device"
means an object, machine, or piece of
				equipment made or adapted for a particular purpose, especially a piece of
				mechanical or electronic equipment that analyzes or measures, i.e. evidential
				breath alcohol analyzers such as the Intoxilyzer 8000 or other evidential
				toxicological measurement instrumentation.
"Equipment"
means the technical equipment or
				machinery needed for a particular activity or purpose that does not analyze,
				i.e. breath alcohol simulator.
"Other intoxicating substances"
means as defined
				in O.A.C.
				40:40-1-2.
"Other items"
means sanitary or other items that
				require no authorization or approval by the Board and are commonly used in the
				process of administering breath, oral fluid, or blood collections and do not
				impact the test analysis or results. Such item examples include but are not
				limited to hypodermic needles, iodine pads, mouthpieces, saliva traps,
				syringes, and other universal precaution items."
"Reference/uniform standard"
means any external
				control or National Institute of Standards and Technology (NIST) traceable gas
				or solution/liquid.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 25 - Devices, Equipment, and Reference Standards › Section 40:25-1-2 - Approved evidential breath-alcohol measurement devices

Current through Vol. 41, No. 20, July 1, 2024
Devices maintained by the Board or Board personnel pursuant to
				47 O.S. §759 are hereby approved.
Amended at 14 Ok Reg 1533,
				eff 7-1-97; Amended at 20 Ok Reg 2839, eff 6-5-03 (emergency); Amended at 21 Ok
				Reg 2655, eff 7-11-04; Amended at 24 Ok Reg 285, eff 11-1-06
				(emergency)1; Amended at 24 Ok Reg 2681, eff 6-4-07
				(emergency)1; Amended at 25 Ok Reg 1524, eff
				6-12-08
1Pursuant to 75 O.S., Section
				253, the 11-1-06 emergency amendments to this Section 40:25-1-2 were scheduled
				to expire on 7-15-07, if not already superseded by a permanent action or by
				another emergency action(s) that retained the same 7-15-07 expiration date. If
				the emergency action expired, the text of the Section would then revert back to
				the permanent text that was effective prior to the 11-1-06 emergency action. As
				of 7-15-07, the Board had not supserseded the 11-1-06 emergency amendments with
				a permanent action or with another emergency action that retained the 7-15-07
				expiration date. However, on 6-4-07, the Board did issue another emergency
				action amending this Section, but cited a later expiration date of 7-15-08.
				Because this Section was not amended or revoked by permanent action in 2007,
				the text of the Section was not reprinted in the 2007 Supplement. However, the
				number and tagline of the Section were published, as well as annotations citing
				to the publication of the two emergency actions in the Oklahoma Register and
				the publication of the last effective permanent text of the Section in the 2006
				Edition of the OAC. The Section was later amended by permanent action on
				6-12-08.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 25 - Devices, Equipment, and Reference Standards › Section 40:25-1-2.1 - Approved breath-alcohol measurement equipment and reference solutions

Current through Vol. 41, No. 20, July 1, 2024
Devices or equipment listed on the current or supplemented
Conforming Products List of Calibrating Units for Breath Alcohol
				Testers
(72 FR 34747), published by the National Highway Traffic
				Safety Administration in conjunction with National Institute of Standards and
				Technology (NIST) traceable alcohol reference solutions are approved for use
				with the approved evidential breath-alcohol measurement device or any other
				approved breath alcohol screening devices.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 25 - Devices, Equipment, and Reference Standards › Section 40:25-1-3 - Approved dry gas canisters

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
			 National Institute of Standards and Technology (NIST) traceable alcohol
			 reference appearing on the current or supplemented
Conforming Products
			 List of Calibrating Units for Breath Alcohol Testers
[72 FR 34747], or
			 its successor, published by the National Highway Traffic Safety Administration,
			 pressurized dry gas canister labeled by the manufacturer with a target value of
			 0.080 BAC, (±) 2% or .002, whichever is greater, is hereby approved for
			 use in association with approved evidential breath alcohol measurement
			 devices.
(b) The State Director of
			 Tests, in accordance with the needs of the agency, may deploy dry gas canisters
			 approved by this section for the purpose of performing calibration checks of
			 approved evidential breath alcohol measurement devices.
(c) The State Director of Tests shall
			 maintain a list of the dry gas canisters approved by this section that have
			 been deployed by the agency.
Amended at 14 Ok Reg 1533,
				eff 7-1-97; Amended at 20 Ok Reg 2839, eff 6-5-03 (emergency); Amended at 21 Ok
				Reg 2655, eff 7-11-04; Amended at 22 Ok Reg 2341, eff 7-11-05; Amended at 24 Ok
				Reg 285, eff 11-1-06 (emergency)1; Amended at 24 Ok
				Reg 2681, eff 6-4-07 (emergency)1; Amended at 25 Ok
				Reg 1525, eff 6-12-08
1Pursuant to 75 O.S., Section
				253, the 11-1-06 emergency amendments to this Section 40:25-1-3 were scheduled
				to expire on 7-15-07, if not already superseded by a permanent action or by
				another emergency action(s) that retained the same 7-15-07 expiration date. If
				the emergency action expired, the text of the Section would then revert back to
				the permanent text that was effective prior to the 11-1-06 emergency action. As
				of 7-15-07, the Board had not supserseded the 11-1-06 emergency amendments with
				a permanent action or with another emergency action that retained the 7-15-07
				expiration date. However, on 6-4-07, the Board did issue another emergency
				action amending this Section, but cited a later expiration date of 7-15-08.
				Because this Section was not amended or revoked by permanent action in 2007,
				the text of the Section was not reprinted in the 2007 OAC Supplement. However,
				the number and tagline of the Section were published, as well as annotations
				citing to the publication of the two emergency actions in the Oklahoma Register
				and the publication of the last effective permanent text of the Section in the
				2006 Edition of the OAC. The Section was later amended by permanent action on
				6-12-08.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 25 - Devices, Equipment, and Reference Standards › Section 40:25-1-5 - Requests for adoption of devices or equipment for breath-alcohol analysis

Current through Vol. 41, No. 20, July 1, 2024
Any manufacturer of any device or equipment made for the
				purpose of analyzing the alcoholic content of breath, or for the purpose of
				simulating specimens of breath of known alcoholic content, may request this
				Board to adopt such device or equipment that appears on the applicable
				conforming products list released by the National Highway Traffic Safety
				Administration. The Board will consider said request upon submission of such
				information, instructions for use, exemplars, and other pertinent data as the
				Board may request. The Board may decline adoption on its own
				initiative.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 30 - Analysis of Alcohol in Breath › Section 40:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter concern analysis of alcohol in
				specimens of breath under the provisions of 47 O.S., Sections 751-761 and 3
				O.S., Section 303 and 63 O.S., Section 4210A. They include scientific and
				procedural safeguards to assure the validity and reliability of such tests,
				designate methods and procedures for breath-alcohol analysis approved by the
				Board, and prescribe and control other aspects of such tests.
Amended at 14 Ok Reg 1534,
				eff 7-1-97
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 30 - Analysis of Alcohol in Breath › Section 40:30-1-2 - Breath-alcohol analysis with the Breathalyzer Model 900 and Model 900A [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 20 Ok Reg 2254,
				eff 7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 30 - Analysis of Alcohol in Breath › Section 40:30-1-3 - Breath-alcohol analysis with Board approved devices

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approved method.
Analysis of
			 breath specimens for the determination of the alcohol content therein may be
			 accomplished by any method, technique, or instrument approved by the Board in
			 accordance with OAC
			 40:25-1-2.
(b)
Operating procedure(s).
Each
			 such analysis shall include the following steps:
(1) Determination that the subject's mouth
			 has no presence of any substantial loose material(s), foreign substance(s), or
			 any such substance(s). Metal, porcelain, or hard plastic items need not be
			 removed.
(2) Observation of the
			 subject whose breath is to be tested sufficient to determine that, for a period
			 of at least fifteen (15) minutes prior to the collection of the first breath
			 specimen, and continuing through the second breath specimen, the subject shall
			 not have ingested alcohol in any form or any other substance, vomited, or
			 smoked. Such observation shall be carried out by the breath-alcohol analysis
			 Operator or by any other qualified person.
(3) Analysis for alcohol of two (2) or more
			 specimens of breath consisting substantially of expired alveolar air.
(4) A blank analysis preceding analysis of
			 each breath specimen.
(5) Analysis
			 of at least one control sample from a dry gas canister deployed by the agency
			 in accordance with
			 40:25-1-3 to verify the
			 calibration of the instrument at the time of the test. The results of each such
			 control analysis must coincide with the corresponding vapor-alcohol
			 concentration target value within plus or minus one-hundredths gram per two
			 hundred and ten liters (± 0.01g/210L).
(6) The operator performing each such
			 analysis shall properly complete a Breath-Alcohol Analysis Record and Report
			 form prescribed and designated by the State Director of Tests for Alcohol and
			 Drug Influence, and shall promptly forward one (1) copy thereof to the state
			 driver licensing authority, and to other agencies and persons listed on the
			 form.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 30 - Analysis of Alcohol in Breath › Section 40:30-1-3.1 - Independent Breath-alcohol analysis with the Intoxilyzer Model 5000-D [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 2254,
				eff 7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 30 - Analysis of Alcohol in Breath › Section 40:30-1-4 - Analysis of retained breath-alcohol specimens [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg 1534,
				eff 7-1-97; Revoked at 20 Ok Reg 2254, eff
				7-11-03
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 35 - Analysis of Alcohol in Blood › Section 40:35-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter concern analysis of alcohol in
				specimens of blood under the provisions of Title 47 O.S., Sections 751-761 and
				3 O.S., Section 303 and 63 O.S., Section 4210A,Oklahoma Statutes. They include
				designation by the Board of approved methods and procedures for blood-alcohol
				analysis, and apply to analysis of the State's blood specimens and to retained
				blood specimens.All forensic laboratories and facilities that are ISO/IEC
				(International Organization of Standards/International Electrotechnical
				Commission) 17025 accredited, or as defined in 74 O.S. § 150.37 (Forensic
				Laboratory Accreditation Act) are exempt from these rules.
Amended at 14 Ok Reg 1535,
				eff 7-1-97
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 35 - Analysis of Alcohol in Blood › Section 40:35-1-2 - Approved methods for blood-alcohol analysis

Current through Vol. 41, No. 20, July 1, 2024
The Board of Tests for Alcohol and Drug Influence hereby
				declares the following, identified by reference sources and successors thereto
				incorporated herein by reference, to be satisfactory techniques for performance
				of chemical tests for alcohol in specimens of blood.
(1)
The Wallace and Dahl gas
			 chromatographic method.
Wallace, J. E. And Dahl, E. V., Rapid Vapor
			 Phase Method for Determining Ethanol in Blood and Urine by Gas Chromatography,
			 Am. J. Clin. Path. 46; 152-154 (1960).
(2)
The Dubowski gas chromatographic
			 method (automated).
Dubowski, K. M.; MANUAL FOR ANALYSIS OF ETHANOL IN
			 BIOLOGICAL LIQUIDS, Report No. DOT-TSC-NHTSA-76-4 (HS 802208), U.S. Department
			 of Transportation, National Highway Traffic Safety Administration, Washington,
			 D.C. 20590, January 1977. (Available from NTIS, Springfield, Virginia
			 22161.
(3)
The Dubowski gas
			 chromatographic method (manual).
Dubowski, K. M.; Ethanol, in
			 Methodology for Analytical Toxicology, I. Sunshine Ed., CRS Press, Cleveland
			 1979, pp. 149-154.
Amended at 14 Ok Reg 1535,
				eff 7-1-97; Revoked at 20 Ok Reg 2257, eff 7-11-03; Added at 21 Ok Reg 37, eff
				10-8-03 (emergency); Added at 21 Ok Reg 2656, eff
				7-11-04
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 35 - Analysis of Alcohol in Blood › Section 40:35-1-3 - Analysis of blood specimens for alcohol

Current through Vol. 41, No. 20, July 1, 2024
(a)
Methods and procedures.
Analysis of State's or retained blood specimens for alcohol may be carried out
			 by any method or procedure approved by authority of the Board of Tests for
			 Alcohol and Drug Influence.
(b)
Laboratory and analyst.
Analysis of a State's or retained blood
			 specimen shall be carried out only and in its entirety in the Forensic Alcohol
			 Laboratory, approved by the Board of Tests for Alcohol and Drug Influence, to
			 which such retained blood specimen was originally sent or delivered by the law
			 enforcement agency responsible for its collection. Such analysis shall be
			 performed by a person holding a currently valid Forensic Alcohol Analysis
			 Permit, issued by authority of the Board of Tests for Alcohol and Drug
			 Influence.
(c)
Reporting
			 results.
The results of analyses for alcohol of State's or retained
			 blood specimens shall be reported in terms of the concentration of alcohol in
			 the subject's blood, in grams per one hundred (100) milliliters of blood (g/100
			 mL), and shall be stated to the second or third decimal place (0.XX g/100 mL or
			 0.XXX g/100mL). Results of analyses of retained blood specimens which are
			 within three-hundredths (0.03 0) grams of alcohol per one hundred (100)
			 milliliters of blood of the results of the corresponding analysis performed
			 upon the State's blood specimen obtained from the same subject shall be deemed
			 confirmatory and substantiative of such blood-alcohol analysis results on the
			 State's blood specimen, as a scientifically acceptable tolerance.
Amended at 14 Ok Reg 1535,
				eff 7-1-97
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 40 - Analysis of Other Intoxicating Substances › Section 40:40-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter concern analysis of blood and other
				specimens for "other intoxicating substances" (i.e., substances and drugs,
				other than ethyl alcohol) under the provisions of Title 47 O.S., Section
				751-761 and Title 3 O.S., Section
				303
				and Title 63 O.S., Section
				4210A,
				Oklahoma Statutes. They include standards, requirements, and conditions for
				performance of such tests, and prescribe specimens, parameters for initial and
				confirmatory analyses, quality assurance practices, and reporting practices.All
				forensic laboratories and facilities that are ISO/IEC (International
				Organization of Standards/International Electrotechnical Commission) 17025
				accredited, or as defined in 74 O.S. § 150.37 (Forensic Laboratory
				Accreditation Act) are exempt from these rules.
Amended at 14 Ok Reg 1536,
				eff 7-1-97
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 40 - Analysis of Other Intoxicating Substances › Section 40:40-1-2 - Analysis of other intoxicating substances in blood

Current through Vol. 41, No. 20, July 1, 2024
(a)
General conditions.
(1) The term "other intoxicating substance"
			 shall mean any controlled dangerous substance as defined in Title 63 of the
			 Oklahoma Statutes, and any other substance, other than alcohol, which is
			 capable of being ingested, inhaled, injected, or absorbed into the human body
			 and is capable of adversely affecting the central nervous system, vision,
			 hearing or other sensory or motor functions.
(2) Analysis of blood specimens for
			 identification and/or quantitation of other intoxicating substances contained
			 therein shall be performed in substantial compliance with the provisions of
			 this Section.
(3) Forensic Drug
			 Laboratories and Forensic Drug Analysts performing analysis of other
			 intoxicating substances in specimens of blood shall comply substantially with
			 applicable generally recognized standards of good laboratory
			 practice.
(4) In the analysis of
			 other intoxicating substances in specimens of blood, the laboratory and
			 analyst(s) shall comply with generally recognized procedures and safeguards for
			 forensic analytical toxicology. Appropriate measures shall be taken to
			 safeguard the identity, integrity, and composition of all specimens and to
			 exclude tampering with and unauthorized access to or exchange or loss of
			 specimens, and to provide the requisite security for evidentiary
			 purposes.
(5) Analysis of State's
			 or retained blood specimens for other intoxicating substances may be carried
			 out by any method or procedure approved by authority of the Board of Tests for
			 Alcohol and Drug Influence.
(6)
			 Analysis of blood or blood components for other intoxicating substances shall
			 be performed in compliance with applicable Analysis Protocol(s) and
			 Procedure(s) generally-recognized by competent authorities in forensic
			 toxicology. Such Analysis Protocol(s) and Procedure(s) shall conform, to the
			 extent applicable, to the criteria and specifications set forth hereinafter in
			 this Section. Methods and tests for the analysis of other intoxicating
			 substances set forth in such applicable Analysis Protocol(s) and Procedure(s)
			 shall be deemed to be approved by the Board of Tests for Alcohol and Drug
			 Influence.