Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Alcohol" means ethyl alcohol, also called ethanol
				  (C2H5OH).
"ASAP" means a local alcohol safety action program.
"Blood alcohol concentration" or
"BAC" means the amount of alcohol in an offender's blood or
				  breath, as determined by chemical analysis, that is measured by the number of
				  grams of alcohol per 100 milliliters of blood or 210 liters of breath.
"Bodily fluid" means any bodily fluid capable of being used
				  to estimate blood alcohol concentration, provided the relationship between such
				  bodily fluid and BAC has been established according to scientifically
				  acceptable standards. Such fluids include blood, exhaled deep lung breath,
				  perspiration (transdermal), and saliva.
"Breath test" means an analysis of the breath alcohol
				  concentration of a deep lung breath sample, where "deep lung breath sample" or
				  "alveolar breath sample" means a minimum 1.0-liter air sample that is the last
				  portion of a prolonged, uninterrupted exhalation and that gives a quantitative
				  measurement of alcohol concentration from which breath sample concentrations
				  can be determined. "Alveolar" refers to the alveoli that are the smallest air
				  passages in the lungs surrounded by capillary blood vessels and through which
				  an interchange of gases occurs during respiration.
"Calibration" means a device system check indicating the
				  absence of issues that affect the remote alcohol monitoring device's ability to
				  provide an accurate alcohol concentration reading.
"Commission" means the Commission on Virginia Alcohol Safety
				  Action Program or its designee.
"Device" means a remote alcohol monitoring device.
"Device certification" means the testing and approval
				  process required by the Commission on Virginia Alcohol Safety Action Program
				  for all remote alcohol monitoring devices.
"Executive Finance Committee" means the advisory subcommittee
				  of the commission composed of the Executive Director of the Commission on
				  Virginia Alcohol Safety Action Program, two commission members, and such other
				  persons as the commission designates.
"Manufacturer" means the entity that is responsible for the
				  design, production, and distribution of remote alcohol monitoring devices to
				  service providers.
"Offender" means the individual required by the court to use
				  a remote alcohol monitoring device.
"Orientation" means to increase offender familiarity and
				  understanding of remote alcohol monitoring device operation and program
				  expectations through training and set up of the remote alcohol monitoring
				  device for use by the offender.
"Remote alcohol monitoring device" means an unsupervised
				  mobile testing device with the ability to confirm the location and presence of
				  alcohol in a person and that is capable of scheduled, random, and on-demand
				  tests that provide immediate or as-requested results. A testing device may be
				  worn or used by persons ordered by the court to provide measurements of the
				  presence of alcohol in their blood via breath or bodily fluid.
"Retest" means an additional opportunity to provide a deep
				  lung breath or transdermal sample.
"Routine maintenance" means inspection, calibration, and
				  other simple, small-scale activities associated with regular and general upkeep
				  of the remote alcohol monitoring device against normal wear and tear but does
				  not include internal repair.
"Service center" means the physical location where remote
				  alcohol monitoring services are performed.
"Service provider" means an authorized entity that provides
				  orientation of approved remote alcohol monitoring devices for manufacturers.
				  Among other activities, service providers may calibrate and perform routine
				  maintenance of devices as well as provide required reports and testify in
				  court. In some cases, the service provider may also be a manufacturer of a
				  remote alcohol monitoring device.
"Set point" means the level at which the breath or
				  transdermal alcohol concentration initiates a sequence of events to determine
				  if the BAC or TAC sample is a confirmed alcohol event.
"State director" means a manufacturer employee who provides
				  oversight of the manufacturer's remote alcohol monitoring device operations in
				  the Commonwealth of Virginia. "Tampering" means an unlawful act or attempt to
				  disable or circumvent the legal operation of the remote alcohol monitoring
				  device.
"Technician" means a service provider employee who provides
				  remote alcohol monitoring services in the Commonwealth of Virginia on behalf of
				  a manufacturer.
"Testing window" means a time period programmed into the
				  remote alcohol monitoring device in which an offender can provide an on demand,
				  random, or scheduled breath or transdermal test.
"Transdermal" means transfer through the skin or the
				  quantification of alcohol from a vapor after it passes through the skin.
"Transdermal alcohol content" or "TAC" means the detection of
				  alcohol in human subjects using an external, noninvasive detection device
				  attached and secured to the skin with tamper resistance approved by the
				  commission.
"Transdermal test" means an analysis of the transdermal
				  concentration of a bodily fluid sample.
"Violation" means an event, such as a breath or transdermal
				  test indicating alcohol consumption; a refusal to provide a deep lung breath or
				  transdermal sample; altering, concealing, hiding, or attempting to hide one's
				  identity from the remote alcohol monitoring device's camera while providing a
				  breath sample; or tampering that breaches the guidelines for use of the remote
				  alcohol monitoring device.
"Virginia Remote Alcohol Monitoring Certification Letter"
				  means a letter issued by the commission to a service provider technician or
				  state director authorizing the service provider technician or state director to
				  perform remote alcohol monitoring services in the Commonwealth of
				  Virginia.
Statutory Authority: §
											18.2-270.2
					 of the Code of Virginia.