Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 177 - NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF PUBLIC HEALTH
Chapter 1 - RULES AND REGULATIONS RELATING TO ANALYSES FOR THE DETERMINATION OF THE ALCOHOL CONTENT IN BLOOD OR BREATH
Section 177-1-001 - DEFINITIONS

Current through September 17, 2024

001.01 Alcohol means ethyl alcohol.

001.02 Alcohol analysis means the use of a chemical test to determine the concentration of alcohol per 100 milliliters of blood, or the concentration of alcohol per 210 liters of breath.

001.03 Analyst means a holder of a Class A, B, or C permit.

001.04 Breath means exhaled lung air that is used for alcohol analysis which contains a large portion of air from the alveolar region of the lungs where the exchange of gases between the blood and air occurs.

001.05 Breath testing means the analysis of breath for alcohol content.

001.06 Body fluid refers to blood or breath.

001.07 Categories of Permits.

001.07A Class A Permit is a permit to perform a chemical test to analyze a subject's blood for alcohol content by an approved laboratory method.

001.07B Class B Permit is a permit to perform a chemical test to analyze a subject's breath for alcohol content by an approved method.

001.07C Class C Permit is a permit to perform preliminary breath tests for alcohol content by an approved method.

001.08 Chemical test means an examination which measures the alcohol content in a chemical reaction, or chemical transformation such as infrared absorption.

001.09 Department means the Department of Health and Human Services, Division of Public Health.

001.10 DHHS means the Department of Health and Human Services.

001.11 Dry Gas Standard means a premixed, certified mixture of alcohol and nitrogen.

001.12 Into service means that an instrument is being placed for the first time at a testing site, not when it is returned from being repaired.

001.13 Instrument means an item of testing equipment used for performing chemical tests.

001.14 Laboratory method means a chemical analysis using laboratory procedures and instrumentation.

001.15 Maintenance officer means the person responsible for maintenance and calibration verification at a testing site.

001.16 Method means the name of the principle of analysis. The method may be a laboratory method.

001.17 mg/ml means milligrams per milliliter.

001.18 Test record means any results printed/transmitted/produced by an evidentiary breath testing device.

001.19 Refusal or deficient sample means the failure to provide a sufficient sample of body fluid to complete a blood or breath test or the refusal to submit to a chemical test of blood or breath.

001.20 Stoppered means any cork, plug, or other object used to close a bottle, drain, tube and so on, to prevent leakage of liquid or vapor.

001.21 Technique means a set of written instructions which describe the procedure, equipment, and equipment preventive maintenance necessary to obtain an accurate alcohol content test result.

001.22 Test means a chemical analysis to determine the presence of or quantification of alcohol.

001.23 Test run means the performance of test(s) which begin at a time and are carried to completion for a sample, or samples grouped in a consecutive manner.

001.24 Testing site means the physical location where a testing device(s) is located; and where testing is conducted.

001.25 Valid permit means an authorization issued by the Department to an individual to allow the holder of the permit to perform alcohol analysis. Permits are non-expiring. Permits issued under prior regulations are valid permits.

001.26 Valid test means an analysis performed according to methods approved by the Department by an individual possessing a valid permit.

001.27 Wet bath simulator solution means a premixed, certified ethyl alcohol and water solution.

Disclaimer: These regulations may not be the most recent version. Nebraska 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.
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