Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 15 - Laboratories and Facilities › Section 40:15-1-2 - Forensic alcohol analysis laboratories

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approval.
Any laboratory in
			 which analysis for alcohol of specimens of blood, hereafter termed "forensic
			 alcohol analysis," is performed under the provisions of Title 47or 3 O.S.,
			 Section 303 or 63 O.S., Section 4210A , Oklahoma Statutes, shall possess at
			 least the following qualifications and shall meet the following requirements.
			 Any laboratory complying with such qualifications and requirements shall be
			 deemed by this Board to be a Forensic Alcohol Laboratory approved by the Board
			 of Tests for Alcohol and Drug Influence, and shall be entitled to issuance of a
			 Forensic Alcohol Laboratory Permit. Such laboratory shall continue to satisfy
			 such qualifications and requirements as a condition of the continued validity
			 of such Permit.
(1)
Qualifications.
Qualifications for forensic alcohol analysis
			 laboratories (initial permits) are as follows:
(A) 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), or permitted by the Board of
			 Tests, may perform testing regardless of location.
(B) Possession of all current and valid
			 Federal, State, and local licenses and permits required to engage in the
			 activities and operations carried out by or in the laboratory, and compliance
			 with all current Federal, State, and local requirements for such activities and
			 operations.
(C) The laboratory
			 shall be at least one (1) of the following:
(i) A clinical laboratory located within and
			 operated and controlled by an institution which is currently licensed by the
			 Oklahoma State Department of Health as a general hospital, and which is
			 currently accredited as a general hospital by the Joint Commission on
			 Accreditation of Healthcare Organizations. Such clinical laboratory shall be
			 directed by a qualified doctoral-level director.
(ii) A clinical laboratory which is currently
			 Federally licensed and/or approved under the implementing Federal regulations
			 applicable to laboratories pursuant to the Federal Clinical Laboratory
			 Improvement Amendments of 1988 (P.L. No. 100-578) for the performance of
			 clinical chemistry and/or toxicology procedures, Title 42, Part 405 et al.,
			 Code of Federal Regulations, adopted in this Section by reference. Such
			 clinical laboratory shall be directed by a qualified doctoral-level
			 director.
(iii) A central or branch
			 forensic laboratory operated and controlled by the Oklahoma State Bureau of
			 Investigation.
(iv) A forensic
			 laboratory operated and controlled by a county or municipal law enforcement
			 agency.
(v) The Toxicology/Forensic
			 Science Laboratories of The University of Oklahoma Health Sciences
			 Center.
(D) The
			 laboratory shall regularly employ or have on its permanent staff at least one
			 (1) person holding a currently valid Forensic Alcohol Analysis Permit issued by
			 the Board of Tests for Alcohol and Drug Influence.
(E) The laboratory shall have space,
			 facilities, equipment, and apparatus adequate and appropriate for the
			 performance of forensic alcohol analysis.