Current through Rules and Regulations filed through March 20, 2024
(1) Pursuant to this chapter applicants for a permit to perform chemical analysis of a person's blood for alcohol content and report the results of such analysis as delineated in O.C.G.A. §
40-6-392shall meet the following requirements:
(a) Be employed by an entity that is accredited in the area of forensic blood alcohol analysis by a nationally recognized accrediting body;
(b) Have never been convicted of a crime involving moral turpitude;
(c) Have completed a baccalaureate or advanced degree in chemistry, toxicology, medicine, pharmacology, or forensic science, including a minimum of 40 semester hours of chemistry related coursework;
(d) Have completed a documented training program in the area of blood alcohol analysis that includes the following elements:
1. Theory of alcohol pharmacology and pharmacokinetics;
2. Principles and theory of analytical techniques for blood alcohol analysis, e.g., head space gas chromatography and/or enzymatic methods;
3. Analysis of samples with known blood alcohol content using gas chromatography, enzymatic methods, or other generally accepted techniques;
4. Successful completion of proficiency test samples from the National Highway Transportation Safety Administration (NHTSA) and/or proficiency test samples from a test provider approved by the entity's accrediting authority described in 92-3 .02(1)(a).
(e) Be an active participant in an ongoing external proficiency testing program.
(2) Applicants for a permit to perform chemical analysis of a person's breath pursuant to this Chapter shall meet the following requirements:
(a) be a citizen of the United States;
(b) be a resident of the State of Georgia or be employed within the State of Georgia;
(c) have never been convicted of a crime involving moral turpitude;
(d) be over twenty years of age;
(e) certified satisfactory completion of a course in breath analysis conducted under the auspices of the Division of Forensic Sciences.
(3) All peace officers qualified to make arrests on the highways or streets of this State shall be deemed, and are hereby declared, qualified to administer the screening test for alcohol in the breath. Screening tests are not intended to be a quantitative measure of the specific amount of alcohol in a person's breath, but a presumptive test for the presence or absence of alcohol. A list of approved breath alcohol screening devices will be maintained by the Division of Forensic Sciences.
(4) Pursuant to this chapter, applicants for a permit to perform chemical analysis of a person's blood or urine for drugs and report the results of such analysis as delineated in O.C.G.A. §
40-6-392shall meet the following requirements:
(a) Be employed by an entity that is accredited in the area of toxicology analysis by a nationally recognized accrediting body;
(b) Have never been convicted of a crime involving moral turpitude;
(c) Have completed a baccalaureate or advanced degree in chemistry, toxicology, medicine, pharmacology, or forensic science, including a minimum of 40 semester hours of chemistry related coursework;
(d) Have completed a training program in the area of drug analysis from biological samples that includes the following elements:
1. Theory of drug pharmacology and pharmacokinetics;
2. Principles and theory of analytical techniques for drug analysis, including presumptive (e.g., immunoassay) and confirmatory techniques (e.g., gas chromatography/mass spectrometry, liquid chromatography/mass spectrometry/mass spectrometry);
3. Analysis of samples with known drug content using presumptive and confirmatory methods;
4. Successful completion of proficiency test samples from a test provider approved by the accrediting authority described in 92-3 .02(4)(a).
(e) Be an active participant in an ongoing external proficiency testing program.
(5) Applicants to perform, under supervision, chemical testing of a person's blood or urine for alcohol shall meet the following requirements:
(a) Be under the direct supervision of a person who possesses a valid permit to perform chemical tests as described in 92-3 .02(1) and who is responsible for reviewing and reporting the results of all chemical tests performed by the applicant;
(b) Be a duly licensed registered nurse, certified medical technologist, or trained laboratory technician;
(c) Have completed a training program in the area of blood alcohol analysis that includes the following elements:
1. Principles and theory of analytical techniques for blood alcohol analysis, e.g., head space gas chromatography and/or enzymatic methods;
2. Analysis of samples with known blood alcohol content using gas chromatography, enzymatic methods, or other generally accepted techniques;
3. Successful completion of proficiency test samples provided by the National Highway Transportation Safety Administration (NHTSA) and/or proficiency test samples from a test provider approved by the entity's accrediting authority described in 92-3 .02(1)(a).
(d) Be an active participant in an ongoing external proficiency testing program.
(6) Applicants to perform, under supervision, chemical testing of a person's blood or urine for drugs shall meet the following requirements:
(a) Be under the direct supervision of a person who possesses a valid permit to perform chemical tests as described in 92-3 .02(4) and who is responsible for reviewing and reporting the results of all chemical tests performed by the applicant;
(b) Be a duly licensed registered nurse, certified medical technologist, or trained laboratory technician;
(c) Have completed a training program in the area of drug analysis from biological samples that includes the following elements:
1. Principles and theory of analytical techniques for drug analysis, including presumptive (e.g., immunoassay) and confirmatory techniques (e.g., gas chromatography/mass spectrometry, liquid chromatography/mass spectrometry/mass spectrometry);
2. Analysis of samples with known drug content using presumptive and confirmatory methods;
3. Successful completion of proficiency test samples provided by a recognized test provider approved by the entity's accrediting authority described in 92-3 .02(4)(a).
(d) Be an active participant in ongoing external proficiency testing program.
O.C.G.A. Secs. 6-2-5.1, 27-3-7, 35-3-154, 40-6-392, 52-7-12.
