Current through Register Vol. 49, No. 9, September, 2024
AUTHORITY
The following regulations for alcohol testing are duly adopted
and promulgated by the Arkansas Department of Health as approved by the
Arkansas State Board of Health pursuant to the authority expressly conferred by
the laws of the State of Arkansas, Act 106 of 1969 as amended and Act 346 of
1957 as amended, the same being Arkansas Code, Title 5, Chapter 65 and Act 518
of 1995 as amended.
ADDENDUMS
Revisions necessary after the printing of these Regulations may
be attached inside the front cover. They will bear the signature of the
Secretary of the Arkansas State Board of Health.
DEFINITIONS
Alcohol - ethyl alcohol except where
reference is made to alcoholic skin antiseptics where it means any hydroxyl
derivative of a hydrocarbon.
Alcohol Analyses or Chemical Tests -
(also, Breath Testing, Method of Analysis, Test) the total of all manipulations
required to achieve a result which shows the alcohol concentration of an
individual's blood or breath. Urine or other bodily substances may be used for
determining the concentration of alcohol in the blood.
Alveolar Air - air in the smallest air
sacs of the lungs; the air which is in equilibrium, with respect to alcohol,
with the immediately adjacent pulmonary arterial blood.
Ampoule - a bulbous glass vessel
hermetically sealed and containing a liquid. Ampoules contain the stock
solution for certified breath simulator standards, except when a premixed
solution is used.
Approved - recognized, endorsed,
authorized, sanctioned, or provided by the Department.
Blood - whole blood which consists of
the cellular components and the serum or plasma of blood, preferably peripheral
venous blood.
Blood Alcohol Concentration - the
percentage of alcohol in the blood. % w/v (percent weight per volume), that is,
grams of alcohol per 100 milliliters of blood expressed as a percent. May also
be shown as % BA or % BAC.
Breath - that portion of exhaled air
that is considered to be substantially alveolar unless otherwise
specified.
Breath Alcohol Concentration - the
amount of alcohol in the breath, that is, grams of alcohol per 210 liters of
breath. May be shown or expressed as g/210L.
Breath Simulator - see
Simulator.
Breath-Testing Instrument - see
Testing Device.
Calibration Device - see Simulator or
Dry-gas Cylinder.
Calibration Test - a test, using a
simulator, dry-gas cylinder, or other calibration device containing a known
concentration of ethyl alcohol to check or verify the accuracy of an
alcohol-testing instrument.
Certificate - a document issued by the
Department certifying that an installation, individual, or instrument (testing
device) has met the requirements and may practice/be used in the determination
of alcohol content, subject to the restrictions and requirements contained in
these Regulations. Certificates are not issued for calibration devices.
Department - the Office of Alcohol
Testing.
Dry-gas Cylinder- a cylinder
containing a known concentration of ethyl alcohol mixed with nitrogen gas used
to calibrate and check the calibration of a testing device.
Employ - paying the salary of, as
authorized by that organization, agency, institution, or political subdivision
and in a position to hold the employed individual responsible for the specified
performance of duties.
Field-Test Device - any testing device
which is designed specifically for the purpose of testing subjects on the spot;
a portable unit designed for field testing (see Testing Device).
Individual - any human being.
Installation - any agency,
partnership, association, public or private institution, or political
subdivision that analyzes breath or other bodily substances for alcohol content
for the purpose of supporting or defending legal actions which may arise out of
Arkansas Code, Title 5, Chapter 65 as amended, or Act 518 of 1995 as
amended.
Instrument - see Testing
Device.
Intoxicating Liquor - a distilled or
fermented alcoholic beverage or any substance that contains alcohol in any
concentration that may render a person under the influence.
Law-Enforcement Agency - any police
force or organization of a city, county, or this state or other government
agency within this state whose primary duty as prescribed by law or ordinance
is enforcing the criminal, traffic or highway laws of this state.
Operator - an individual who has met
the requirements outlined in 1.14, thus qualifying to test subjects on a
specified type of breath-testing instrument or instruments and to perform
related tasks in accordance with Department procedures and these
Regulations.
Other Bodily Substances - any bodily
substance other than blood, breath, or urine which can be used to determine
alcohol content of the blood.
Refrigerate (d) - to make or keep cold
or cool.
Regulations, (these) - all sections of
Arkansas Regulations for Alcohol Testing, unless otherwise specified.
Revocation - an act of calling back or
rescinding; discontinuation.
Sample - blood, breath, urine, or
other bodily substances as specified to be analyzed for alcohol content.
Sampling Device - any instrument or
mechanism used to capture or collect a sample (see Testing Device).
Senior Operator - an individual who
has met the requirements outlined in 1.13 thus qualifying to (1) test subjects
on a specified type of breath-testing instrument or instruments, (2) perform
calibration tests and proficiency tests as required by the Department, (3)
perform other required tasks related to alcohol testing; all in accordance with
Department procedures and these Regulations.
Simulator - a device that enables the
operator to reproduce, under test conditions, phenomena likely to occur in
actual performance; a device used to simulate or imitate a breath sample at a
specific alcohol concentration; an accessory to a testing device.
Simulator Standard Solution - a
solution that may be prepared from an ampoule of stock solution or purchased in
a premixed form, when used in a simulator, produces a vapor sample that
simulates a breath sample of a specified alcohol concentration.
Standard - anything set up and
established by authority as a rule for the measure of quantity, weight, or
value.
Standard of Accuracy - a standard for
the performance of alcohol analyses as specified in these Regulations; that
standard being +0.01% w/v for blood analyses and ±0.01g/210L for breath
analyses.
Subject - any individual.
Suspension - an act to make
temporarily inoperative,
Testing Device - any instrument or
mechanism used in determining or estimating the alcohol content of breath,
blood, urine or other bodily substance pursuant to these Regulations (see
Section IV). A testing device may include a sampling device. Testing devices
are categorized as follows:
Type A - Evidentiary Device
A1 - An evidentiary device which is designed to collect and
analyze a sample within the limits of accuracy prescribed in 4.12. All
certification requirements apply to Type A1 devices except when used by a
facility which qualifies under 1.20.
A2 - An evidentiary device which is used in a mobile unit which
collects and analyses a sample within the limits of accuracy prescribed in
4.12. All certification requirements apply to Type A2 devices as well as any
additional requirements the Department may find necessary to assure compliance
with the intent of the applicable Arkansas Code and these Regulations.
Type B - Nonevidentiary Device - a device which by design is
for screening only and the accuracy thereof is not required to be within
±0.01 of actual value, or any device which is, by application, a
screening device only. Both the device and the operating personnel are excluded
from certification requirements. Test results obtained on a Type B device are
not to be used as evidence in a court of law for the purpose of establishing
that the subject was under the influence of alcohol but may be used to
establish probable cause for further testing on a Type A or Type C
device.
Type C - Other Laboratory Instruments - devices or instruments
which may be used in a facility which qualifies for exclusion (1.20). That
exclusion extends to the equipment and the operating personnel.
I.
CERTIFICATION
PART A.
GENERAL
1.10
Requirement for
Certification. Every individual, installation, or instrument not
exempted or excluded by these Regulations and involved in performing alcohol
analysis in accordance with these Regulations is to have a valid certificate as
prescribed herein. For exemptions and exclusions, see Section I, Part
B.
1.11
Certification
Implications. Certification shall not imply approval of anything
carried out by an installation or individual other than what is specified on
the certificate. Certification of an individual to operate a particular
approved testing device authorizes that individual to perform tests on any unit
of that type as long as the owner of the unit has no objection.
1.12
Installation
Certification. To qualify for certification, an installation must
meet the set of conditions in a. or b. of this section.
a.
Local
Installation.
(1) Employ at least
one Senior Operator for each different model of instrument to be certified.
However, one person may serve as Senior Operator on more than one instrument at
any one installation.
(2) Own,
lease or otherwise be in full control of an approved alcohol-testing device and
the required related accessories.
If an instrument is shared by two or more agencies for the
purpose of qualifying for certification as a joint installation, an agreement
form (BA: 208) signed by all parties involved must be filed with the
Department. This form is to be renewed every two years or upon the change of
office of any official party involved, whichever comes first. No agreement form
is required in the case of an agency that qualifies independently for
installation certification but grants individuals from other agencies
permission to utilize its certified equipment.
(3) Pass on-site inspections by the
Department (Part D of this Section).
(4) Show the ability and willingness to meet
the requirements set forth in these Regulations.
b.
State Level
Installation.
(1) Be a state
level or other major subdivision of government that has an inadequate number of
facilities, or no facilities of its own, appropriate for the installation of
breath testing equipment.
(2) Have
access to a large number of certified instruments at various
agencies.
(3) Have an established
internal line of communication and records control which distributes the
Department issued documents and other communications to all certified employees
of that agency in a timely and accurate manner.
(4) Local installations within the
organizational structure of a state level installation must comply with
1.12a.
1.13
Senior Operator Certification. To qualify as a Senior
Operator of a specific testing device and maintain that certification, an
individual must meet the following requirements.
a. Successfully complete training approved by
the Department as described in 2.12 on the operation of the testing device to
be used.
b. Be employed by a
law-enforcement agency, and through said agency, submit an application for
certification to the Department. When the individual changes places of
employment, a new application must be submitted through the new
agency.
c. Be able to exhibit,
through examination and demonstration to the Department, sufficient skill in
the operation of the testing device and related accessories used.
d. Demonstrate the ability and willingness to
adhere to the provisions of these Regulations which may include running a
reasonable number of tests on the testing device.
e. Successfully complete any additional
training or evaluation as required by the Department.
1.14
Operator
Certification. To qualify as an Operator of a specific testing
device and maintain that certification, an individual must meet the following
requirements.
a. Successfully complete the
training approved by the Department as described in 2.13.
b. Be employed by a law-enforcement agency,
or be an auxiliary officer appointed as a reserve officer by a law enforcement
agency, and through said agency submit an application for certification to the
Department. When the individual changes places of employment, a new application
must be submitted through the new agency.
c. Be evaluated by the Department as required
and demonstrate sufficient skills in the operation of the testing device
used.
d. Demonstrate the ability
and willingness to adhere to the provisions of these Regulations which may
include running a reasonable number of tests on the testing device.
e. Successfully complete any additional
training or evaluation as required by the Department.
1.15
Instrument
Certification. Each Type A1 and A2 testing device is to be tested
by the Department for the purpose of certifying its accuracy.
Any test on such device for which a valid, current certificate
cannot be produced will be considered invalid. Certificates are subject to
recall by the Department since they are issued for a period of three (3) months
in advance.
PART
B.
EXCLUSIONS
1.20
Exclusions from Certification.
a. It is not required that the Department be
certified. The Department shall not be limited by these Regulations.
b. It is not required that the state medical
examiner, his staff, or the State Crime Laboratory be certified, nor shall they
be limited by these Regulations.
c.
It is not required that Type B testing devices or the operators thereof be
certified.
d. It is not required
that accessories to testing devices be certified.
PART C.
PROCEDURES FOR
CERTIFICATION
1.30
Initial
Certification. Any individual or installation not currently
certified by the Department and requiring certification may apply for
certification at any time by contacting the Department for application forms.
The applicant shall factually provide all pertinent information as required on
each form.
1.31
Renewal
of Certification.
a.
Installations. An Installation Certificate is valid if
and when the conditions stated on the face of the Certificate are met.
Therefore, an expiration date is not required on the Installation Certificate,
nor is it necessary to reissue an Installation Certificate except when the
identity changes or to replace one destroyed or lost.
b.
Senior Operators and
Operators. Every individual certified in accordance with these
regulations shall renew such certification with the Department every two (2)
years and at such other times as the Department deems necessary. The validity
of such certificates may be verified by contacting the Department.
c.
Instruments.
Instrument certificates will be renewed quarterly unless otherwise defined by
Arkansas law. Certification is to be based upon accuracy in the continued
analysis of proficiency test samples and upon compliance with related policies
and procedures specified by the Department. For details of procedures, contact
the Department.
1.32
Report of Change or Discontinuance. The certified
installation shall report within thirty (30) days any change of address or
discontinuance of an installation, change of employment, or loss of certified
personnel.
1.33
Transfer of Certification. Procedures for transferring
certification are not detailed here. Information may be obtained by contacting
the Department.
1.34
Certification Records. Certificates shall become part
of the records available to the courts for legal proceedings, open to public
inspection, and reclaimable by the Department.
PART D.
INSPECTIONS AND ADDITIONAL
REQUIREMENTS FOR CERTIFICATION
1.40
Access to Premises. The Department or its authorized
representative shall have, for reasonable cause, the authority to enter, at all
reasonable times, upon any private or public property for the purpose of
determining whether or not there is compliance with the provisions of these
Regulations, except that entry into areas under the jurisdiction of the federal
government shall be effected only with the concurrence of the federal
government or its authorized representative.
1.41
Tests and
Evaluations. Each applicant for certification or certified
individual shall perform such reasonable tests as the Department deems
necessary in administration of these Regulations; these may include, but are
not limited to, tests to evaluate the following.
a. Instruments and related devices used in
accordance with these Regulations.
b. Facilities where testing devices are
used.
c. Personnel training levels
and competence.
1.42
Responsibilities of Installations. Installations
certified under 1.12a. shall assign a Senior Operator to be responsible for
record keeping and insuring that the installation adheres to these Regulations.
This "Senior Operator-in-Charge" shall not bear the same responsibility at any
other installation.
Installations certified under 1.12b. shall provide a contact
person at the state level for receiving and distributing Department documents
and communications and forwarding or distributing them appropriately. This
person shall maintain accurate records of personnel of that agency certified by
the Department and shall communicate with the Department as necessary
concerning them.
1.43
Suspension or Revocation. The Department may at its
discretion revoke, suspend, or modify the certificate of any individual,
instrument, or installation if any one or more of the following conditions
exist.
a. Certification was obtained falsely
or deceitfully.
b. Conditions are
revealed through any report, record or other means which would cause the
Department to refuse certification on an original application.
c. There is found to be violation of or
failure to observe any of the terms and conditions of the certificate, or any
applicable rules and regulations, policies and procedures, or order of the
Department.
d. There is a failure
to meet the standard of accuracy.
e. A request for termination of certification
is submitted by the certificate holder to the Department.
1.44
Reinstatement of
Certification. In the event a certified individual changes their
place of employment, the individual's certification is no longer valid until
application for certification at the new place of employment is received by the
Department.
In the event certification is revoked, it may be reinstated by
the submission of a new application and compliance with the original
requirements for certification.
II.
TRAINING
PART A.
GENERAL
2.10
Approval of Training
Course. In the event of major limitations in training course
availability, special temporary approvals of training programs may be issued by
the Department for a period of up to nine months provided the Department
maintains close oversight of the training and continues to provide the
evaluations.
2.11
Changes in Training Requirements. At the discretion of
the Department, any phase or portion of the training program is subject to
alteration.
2.12
Senior
Operators. To qualify for certification as a Senior Operator of a
Type A1 or A2 testing device, an individual shall show evidence of successful
completion of a course of instruction which includes, as a minimum, the
following.
a. Three (3) hours of instruction
on the effects of alcohol on the human body.
b. Three (3) hours of instruction on the
operational principles of the selected breath-testing instrument which is to
include:
(1) a functional description of the
testing method, and
(2) a detailed
operational description of the method with the appropriate
demonstrations.
c. Five
(5) hours of instruction on the legal aspects of chemical tests and of the
particular method to be employed.
d. Three (3) hours of instruction on
supplemental information which is to include nomenclature appropriate to the
field of chemical tests for alcohol.
e. Six (6) hours of laboratory participation
using the appropriate equipment. Laboratory practice will include the use of
reference alcohol samples and each student shall run a minimum of twenty (20)
tests.
f. One (1) hour of
instruction on forms, records, and reporting,
g. One (1) hour of formal examination and
performance evaluation for purposes of determining competency and
qualifications.
2.13
Operators. To qualify for certification as an Operator
on any Type A-1 or A-2 testing device, an individual shall complete a training
course as approved by the Department. It shall, at a minimum, include the
procedures for properly conducting a breath test, operation of the breath test
instrument, and completion of appropriate records associated with the breath
test. Upon completion of this training, a formal evaluation by the Department
will be given as a prerequisite to certification.
2.14
Special Training
Courses. As the need may arise for approved training on special
devices (Type B) such as preliminary breath-test devices, the necessary
training may be approved or provided by the Department for purposes of
establishing a standard operational procedure in the use of such devices.
III.
SAMPLE COLLECTION AND HANDLING
PART
A.
GENERAL3.10
Sampling Requirements. This section outlines the
criteria for the collection of samples in accordance with these
Regulations.
3.11
Collection of Samples. Refer to current Arkansas Code,
5-65-202, 203.
Samples shall be collected as soon as feasible after an alleged
offense.
3.12
How to
Collect and Handle Samples. (See details under appropriate type of
sample in this section.)
a. Careful sampling,
preservation, and handling are fundamental to accuracy. The identity and
integrity of the sample shall be maintained from the time of collection until
analysis.
b. The Blood Alcohol
Report Form shall accompany each sample of blood, urine, or other bodily fluid
collected in accordance with these regulations until analysis is completed.
Copies of the report will then be distributed as required and as provided by
law.
3.13
Who May Analyze Samples. Samples of bodily fluid may
be analyzed for alcohol content by the following.
a. Office of Alcohol Testing, Arkansas
Department of Health.
b. Any agency
excluded from certification (see Section I, Part B.).
3.14
Samples to be Analyzed by
the Department. Samples to be analyzed by the Department should be
delivered or mailed to the address shown on the inside front cover of this
booklet.
PART B.
BLOOD SAMPLING3.20
Sample
Collection. Blood samples may be collected from living individuals
only by persons authorized by law and by means of a sterile, dry syringe and
hypodermic needle or other sterile equipment. The skin at the area of puncture
shall be thoroughly cleansed and disinfected with an aqueous solution of
nonvolatile antiseptic. Alcohol or other volatile organic disinfectant
solutions shall not be used as a skin antiseptic or to clean hypodermic
needles, syringes, or containers.
3.21
Postmortem Sample
Collection. Postmortem samples may be collected by anyone
authorized by law to collect such samples from living subjects or by any county
coroner or his appointed deputy who meets the requirements specified in
Arkansas Code Annotated 16-83-112. The following precautions must be employed
to insure a representative, uncontaminated sample.
a. Samples must be taken prior to the start
of embalming procedures. Blood shall not be obtained by forcing blood from
vessels by use of embalming fluids.
b. Blood is to be withdrawn by syringe from
peripheral vessels.
c. If
necessary, heart blood may be used. Great care must be exercised to prevent
dilution of the blood sample by fluids outside the heart (pleural or
pericardial). Heart blood should be used only if the heart is intact.
3.22
Sample
Size. A good sample is five milliliters (cc). Smaller samples may
be analyzed if necessary.
3.23
Sample Container. The blood sample shall be deposited
into a tightly stoppered, clean, dry container containing a solid anticoagulant
and sodium fluoride or an approved equal as a preservative (see 3.24). Alcohol
or other volatile organic solvents shall not be used to clean the container.
The container shall be clearly identified with the following.
a. Name of the subject.
b. Date, and time of collection.
c. Name or initials of person collecting
and/or sealing sample.
3.24
Sample
Preservation. While not in transit or under examination, all blood
samples shall be refrigerated. If the sample is to be analyzed at the
Department, sodium fluoride (between 2.0 and 3.0 milligrams per milliliter of
blood) or its solid form equivalent shall be used as a preservative, and sodium
citrate or potassium oxalate or equivalent, in final concentration of 0.3% to
0.5%, is recommended as an anticoagulant.
Postmortem blood samples to be analyzed by the Department shall
be deposited into a tightly stoppered, clean dry container containing sodium
fluoride as a preservative, in a concentration of 1% or more, (10.0 milligrams
per milliliter of blood) or an approved equal. A solid anticoagulant such as
sodium citrate or potassium oxalate, or equivalent, is also recommended.
3.25
Sample
Witness. The officer requesting the blood sample should observe
the collection of the sample so that he may attest to the authenticity of the
sample. He should then initial or mark the sample for future identification.
The sample should then be secured in a tamperproof manner.
PART C.
URINE SAMPLING
3.30
Sample
Collection. Urine sampling shall be considered only when other
methods to determine equivalent alcohol concentrations in blood are not
practicable, or under strictly controlled conditions, i.e., hospitalized
subject, or for the limited purpose of demonstrating recent ingestion of
alcohol. To collect a urine sample, the subject must first be instructed to
void the bladder. Approximately one-half hour later (time not critical), the
subject should again be requested to void the bladder and that specimen should
be collected for analysis.
3.31
Sample Size. Ten to thirty milliliters (cc) of urine
shall be considered sufficient quantity for analysis.
3.32
Sample
Container. When urine collection is necessary, the specimen shall
be deposited into a clean, dry, non-porous container and capped or stoppered.
Alcohol or other volatile organic solvents shall not be used to clean the
container. The container shall be clearly identified with the following
information.
a. Name of subject.
b. Date and time of first voiding and of the
collection.
c. Name of person
witnessing collection and handling of sample.
3.33
Sample
Preservation. While not in transit or under examination, urine
samples shall be refrigerated. If preservatives are used, a comment stating the
type and amount should accompany the sample.
3.34
Sample Witness.
The collection of the sample must be witnessed in order that its authenticity
may be proven. It is to be properly marked for future identification and
secured in a tamperproof manner.
PART
D.
BREATH SAMPLING
3.40
Sample
Collection, A breath sample to be analyzed at a certified
installation shall be collected only by certified personnel. The sample shall
be collected only after the subject has been under observation for an
uninterrupted period of no less than 20 minutes immediately prior to
collection. The type of device and the procedures or techniques shall be
Department approved and only certified personnel may operate the
device.
3.41
Sample
Size. The quantity of breath shall be established by direct
volumetric measurement or by collection of a fixed breath volume at a constant
temperature.
PART E.
SAMPLING OF OTHER BODILY SUBSTANCES
3.50
Sample
Collection. Sampling of bodily substances other than blood,
breath, or urine shall be considered valid only in postmortem cases. All
postmortem bodily materials shall be obtained prior to the start of any
embalming procedure and the sample must be taken by or under the direction of
the state medical examiner or a physician. The sample is to be analyzed by any
laboratory excluded from certification in 1.20. The results of such analyses
must be interpreted by qualified personnel with respect to the alcohol content
of the blood.
IV.
METHODS OF ANALYSI S
PART A.
GENERAL
4.10
Methodology and
I nstrumentation
Requirements. Analysis of blood, breath, urine, or other bodily
substances to determine alcohol content in accordance with these Regulations
shall be by a method approved by the Department (see 4.11 and Part B of this
Section). All breath-testing instruments and accessories utilized in accordance
with these Regulations shall have the approval of the Department (see 4.12 and
Part C of this Section). The operation of approved breath-testing instruments
will be according to manufacturer's recommendations unless otherwise approved
in writing by the Department (see 4.15).
4.11
Approval of
Methods. Any method not listed in Part B of this Section will be
considered for approval upon receipt of a detailed description of the
method.
4.12
Approval
of Type A and C Testing Devices and Accessories.
a. If application is made by the manufacturer
for approval of a Type A device not on the approved list (4.30), the Department
will examine and evaluate the device as soon as practicable to determine if it
meets the following criteria.
(1) Breath
specimens collected and presented for analysis shall be essentially alveolar in
composition.
(2) The device shall
be capable of alcohol analysis which results in a concentration less than
0.01g/210L breath on an alcohol-free sample. It shall be capable of analyzing a
suitable reference sample such as air equilibrated with a solution of known
alcohol content at a constant temperature with accuracy of+0.01g/210L applied
in accordance with the Department's current evaluation procedure.
(3) The specificity of the procedure shall be
adequate and appropriate for the analysis of breath specimens for the
determination of alcohol concentration in traffic law enforcement.
(4) The instrument shall be constructed and
designed to be operated in a manner appropriate to the environment in which it
will be used.
(5) Any
breath-testing device submitted to the Department for approval shall be
accompanied by an application form supplied by the Department and by all
accessories and supplies necessary for the evaluation of the device and a
detailed set of instructions which shall include information pertinent to
operation, calibration, maintenance, and interpretation of results.
b. If application is made by a
manufacturer for approval of a calibration device not on the approved list
(4.31), the Department shall examine and evaluate the device to determine its
suitability, accuracy, and reliability.
c. The Department shall report the results of
any evaluation to the manufacturer and shall have rights of publication of the
results.
d. The Department shall
not accept for evaluation any instrument or accessory for which the
information, data, and documents submitted fail to support a judgment by the
Department that the instrument or accessory is in apparent compliance with the
requirements of these Regulations when operated according to the manufacturer's
directions.
e. The Department may
at any time reevaluate an approved device or accessory to determine that
compliance with the criteria in 4.12 is being maintained. Failure to continue
to meet the criteria may result in interdiction of usage of such equipment, or
suspension, or cancellation of approval. Upon formal request from the
manufacturer, further evaluation or investigation may be conducted and the
interdiction or suspension lifted. A cancellation of approval will require an
evaluation of the device or accessory.
f. This Department may remove from the
approved list any testing device for which adequate maintenance and repair are
no longer available, or for which the manufacturer's specifications no longer
comply with the original specification.
4.13
Modified Versions of
Approved Instruments and Accessories. The Department may authorize
modified versions of approved instruments and accessories when, in the judgment
of the Department, the modifications do not alter the abilities of such
instruments or accessories to meet the standards of performance set forth in
4.12 in as much as the modified versions are equivalent in performance to the
approved version.
4.14
Approval of Ampoules, Dry-gas Cylinders, or Other Prepackaged
Chemical. Any prepackaged chemical to be used in conjunction with
an approved testing device shall be approved by the Department. The Department
shall examine and evaluate each lot or batch. Additional quantities may be
required at the Department's discretion.
4.15
Approval of Chemical Test
Procedures. Approved test procedures are supplied by the
Department on all approved instruments and may be updated periodically. In
order for a test to be considered valid under the provisions of these
Regulations, the prescribed test procedure must be adhered to. The approved
method may be characterized via computer programming which is provided and
monitored by the Department.
PART
B.
METHODS OF ALCOHOL ANALYSIS
4.20
Approved
Methods. At the time of this printing, the methods listed in this
Part are approved for the determination of alcohol concentration in blood,
urine, breath, or other bodily substances in accordance with these Regulations.
Methods approved hereafter may be obtained upon request from the Department.
Only brief descriptions are printed here.
a.
Gas Chromatography. This method consists of separating
volatile components of a sample by passing the sample through a column within
the gas chromatograph, then passing the components through a detector system.
The detector sends signals to a recording device which provides the results or
sufficient information for the analyst to compute the quantity of the component
of interest.
b.
Infrared Absorption. This method consists of measuring
the absorption of infrared energy by molecules of alcohol in a
sample.
c.
Fuel
Cell. This method consists of measuring the current produced
during the oxidation of alcohol in a sample.
PART C.
TESTING DEVICES AND
CALIBRATION DEVICES
4.30
Approved Breath Testing Devices - Type A. At the time
of this writing, the instruments listed in this paragraph are approved for the
determination of alcohol in accordance with these Regulations. Instruments
approved hereafter will be placed on an updated list available on request from
the Department.
Intoximeter EC/IR II
Manufacturer - Intoximeters, Inc. 2081 Craig Road St. Louis, MO
63146
4.31
Approved Calibration Devices. The following devices
are approved for the purpose of calibrating and/or checking the calibration of
the approved breath-testing instruments. Calibration devices approved hereafter
will be placed on an updated list available on request from the Department.
a.
Guth Simulator Models: 34C,
10-4D. and 2100
Manufacturer - Guth Laboratories 590 No. 67th Street
Harrisburg, PA 17111
b.
RepCo Simulator Model 3402C
Manufacturer- RepCo Marketing, Inc.
3101-188 Stonybrook Drive Raleigh, NC 27604
c.
Ethanol Breath Standard,
Dry-gas Cylinder
Manufacturers - Intoximeters, Inc. 2081 Craig Road St. Louis,
MO 63146
Airgas Mid America Laboratory 3500 Bernard Street St. Louis, MO
63103
PART
D.
EXPRESSION OF RESULTS
4.40
Blood Alcohol
Concentration. The results of an analysis of blood, urine, or
other bodily fluid shall be expressed in terms of percent weight/volume (% w/v)
defined as grams of alcohol per 100 milliliters of blood and reported to the
second decimal place only. For example, 0.239% w/v shall be reported as 0.23%
w/v. Test results are not to be rounded off; the third decimal place is to be
dropped. Percent weight/volume is obtained by dividing the weight of alcohol in
a sample expressed in grams by the volume of the sample expressed in
milliliters and multiplying by 100. This result represents the concentration of
alcohol in the blood (% BA, % BAC, % w/v).
4.41
Urine Analysis.
For the purpose of these Regulations, the alcohol in a urine sample shall be
treated as equivalent to 1.3 times the concentration in whole blood. Given a
urine test result of 0.15% w/v:
1.3x = 0.15% where x = % blood alcohol x = 0.15%
1.3
x = 0.115% (report as 0.11% blood alcohol)
4.42
Serum or Plasma
Analysis. For the purpose of these Regulations, the alcohol in a
serum or plasma sample shall be treated as 1.15 times the concentration in
whole blood.
Given a serum or plasma test result of 0.12% w/v:
1.15x = 0.12% where x = % blood alcohol x =
0.12% 1.15
x = 0.104% (report as 0.10% blood alcohol)
4.43
Breath Alcohol
Concentration. Breath test results are to be reported as grams of
alcohol per 210 liters of breath. Breath test instruments approved and
certified for use by the Department, report results in those units.
PART E.
CALIBRATION AND
CALCULATION OF RESULTS
4.50
Procedures on Approved Instruments - Type A1 and Type
A2. A calibration test shall be performed to determine if an
instrument produces results within the standard of accuracy (+.01).
Intoximeter EC/IR II. A calibration
test is automatically performed with each subject test and is recorded by the
instrument as part of the test record. There is no requirement to record the
calibration test as a special entry in the log book.
4.51
Instruments Subsequently
Approved. Instruments which may be subsequently approved are to be
calibrated in a manner approved by the Department as appropriate to the
instrument and to meet the standard of accuracy of ±0.01% w/v for blood
or ±0.01g/210L for breath.
V.
RECORDS AND REPORTING
PART A.
GENERAL
5.10
Records and Reporting
Requirements. Records which reflect the facts pertinent to all
tests performed on the certified equipment shall be kept and maintained by each
installation certified under
1.12 a. The records shall be open
to inspection by the Department and shall be periodically submitted to the
Department as outlined in this section. Records are to be kept for a period of
two (2) years or until all possibility of court action is past, whichever is
longer.
Installations certified under 1.12b. are not required to
maintain records of tests or records related to equipment used in
testing.
5.11
Installation Records Required. The following records
(as applicable) are to be kept by a certified installation.
a. Records of certification of the
instrument, the installation, and persons using the instrument. Persons using
the instrument who are certified through a State Level installation, as defined
in Section 1.12b., are required to have their original certificate on file at
the State Level installation's headquarters.
b. Records of tests performed on each
instrument shall be kept in chronological order in a log book and individual
test records, as produced by the instrument shall be kept in a retrievable
manner.
c. Records reflecting
training levels of certified personnel.
d. A copy of these Regulations.
e. A manual covering the operation of the
certified instrument or a detailed description of the techniques or methodology
used.
5.12
Installation Reporting to the Department. Records of
tests performed on a certified breath testing instrument shall be made
accessible via telephone modem or as otherwise required by the Department. All
other paperwork shall be submitted as required by the
Department.
SEVERABILITY
If any provision of these Regulations or the application
thereof to any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of the Regulations which can be
given effect without the invalid provision or application and to this end the
provisions of these Regulations are declared to be severable.
REPEAL
All Regulations and parts of Regulations in conflict herewith
are hereby repealed.
CERTIFICATION
This will certify that the Rules and Regulations for Alcohol
Testing were adopted by the State Board of Health of Arkansas at a regular
session of said Board held at Little Rock, Arkansas, on the 24th day of
January, 2013. /
Paul Halvirson, DrPH, FACHE
Secretary of Arkansas State Board of Health
Director, Arkansas Department of Health
