Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION
Chapter 10.35.02 - Testing Blood and Breath for Alcohol
Section 10.35.02.05 - Evidentiary Tests of Breath for Alcohol: Testing Agencies and Training Programs
Universal Citation: MD Code Reg 10.35.02.05
Current through Register Vol. 51, No. 19, September 20, 2024
A. Testing Agencies.
(1) An agency desiring approval to
conduct evidentiary breath tests shall make a written request to the
Toxicologist.
(2) An agency
requesting approval to conduct breath tests shall:
(a) Offer 24-hour law enforcement
service;
(b) Provide an
environmentally controlled area and a phone line exclusively for the breath
testing instrument;
(c) Provide
expendable supplies needed for personnel to operate the equipment;
and
(d) Have a minimum of 20
full-time sworn law enforcement officers.
(3) An agency shall have a breath test
supervisor who shall administer and coordinate all alcohol testing related
activities with CTAU and the Toxicologist.
(4) The breath test supervisor shall be a
breath test operator.
(5) An
agency's approval to conduct breath testing may be withdrawn by the
Toxicologist or his representative based on:
(a) A substantial failure to comply with this
chapter; or
(b) Inadequate State
resources.
B. Training Programs.
(1) Basic Breath Test
Operator Certification Course.
(a) All basic
breath test operator courses shall be:
(i)
Approved by the Toxicologist; and
(ii) Directed by approved breath test
instructors.
(b) The
course shall include a minimum of 35 hours of lecture or laboratory instruction
covering:
(i) A study of the mathematics of
the metric system;
(ii) A study of
the properties, human physiology, and pharmacology of alcohol;
(iii) A study of the theory, operating
principles, and maintenance requirements of the breath test instruments;
and
(iv) A review of relevant
Maryland statutes, regulations, and cases affecting enforcement and testing of
an individual suspected of driving while impaired or under the influence of
alcohol.
(c) A written
examination consisting of at least 50 questions shall be given at the
conclusion of the course.
(d) The
cumulative passing score on the written examination shall be 90 percent or
above.
(e) The individual shall
demonstrate to the instructor satisfactory ability to use the
instrument.
(2) Breath
Test Operator Certification Renewal Course.
(a) A breath test operator certification
renewal course shall be:
(i) Approved by the
Toxicologist; and
(ii) Directed by
approved breath test instructors.
(b) The course shall be comprised of a
minimum of 6 hours of instruction, including a review of:
(i) Breath testing theory;
(ii) Method and procedures; and
(iii) Current and contemporary
issues.
(c) A written
examination consisting of at least 25 questions shall be given at the
conclusion of the course.
(d) The
passing score on the written examination shall be 80 percent or
above.
(3) Breath Test
Maintenance Technician Course.
(a) The breath
test maintenance technician course shall be approved by the
Toxicologist.
(b) This course shall
include a minimum of 70 hours of training, covering:
(i) A review of breath testing theory,
methods, and developments;
(ii)
Operation, takedown, and maintenance of instruments;
(iii) Gas cylinder replacement; and
(iv) Simulator takedown, maintenance, and
solution changing.
(c) A
written or oral exam shall be administered by the Toxicologist or his
representative before certification.
(4) CTAU shall issue a certificate after the
successful completion of any course outlined in §B(1)"(3) of this
regulation.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
