Current through Register No. 40, October 3, 2024
(a) Personnel certified by the commissioner,
pursuant to RSA
265-A:5, V, shall be
designated as a breath test instrument operator or as a recertifying
supervisor.
(b) Criteria for breath
test operators and recertifying supervisors shall be as follows:
(1) To be eligible for training as a breath
test operator of the approved instrument, for purposes of
RSA
265-A:4, the applicant shall be currently
employed as a law enforcement official within the state of New Hampshire;
and
(2) To be eligible as a
recertifying supervisor:
a. The applicant
shall meet the eligibility requirements in (1) above;
b. The applicant shall have taken and passed
an approved course of training as outlined in (f) below;
c. The applicant shall be currently certified
as a breath test instrument operator;
d. The applicant shall have experience in
conducting actual breath tests by:
1.
Maintaining the certification in accordance with (k) below for a period of not
less than one year; and
2.
Conducting a minimum of 10 subject tests in accordance with
Saf-C
7103.02 during one calendar year.
(c) A breath test
operator who has met the eligibility requirements of (b) above and has passed
the approved course of training as outlined in (f) below shall be approved by
the commissioner to conduct breath tests pursuant to
RSA
265-A:5.
(d) A recertifying supervisor who has met the
eligibility requirements of (b)(2) above shall perform the following duties:
(1) Conduct breath tests pursuant to
RSA
265-A:5;
(2) Recertify breath test operators within
his or her own agency in accordance with (j) below; and
(3) Assist the forensic breath testing
supervisor in the training of breath test operators.
(e) Recertifying supervisors shall not
recertify equipment.
(f) The course
shall cover the following subject matter:
(1)
The value and purpose of breath alcohol testing;
(2) The physiological action of alcohol on
the human body;
(3) The
pharmacology and toxicology of alcohol;
(4) The methods of alcohol analysis and
theory of breath testing;
(5) The
instruments and procedures for breath testing;
(6) Laboratory practice and demonstration of
competency by:
a. Using proper technique in
collecting a sample; and
b.
Following established operating and reporting procedures; and
(7) Legal procedures and decisions
affecting breath testing.
(g) A comprehensive practical and written
examination shall be developed and administered by the forensic breath testing
supervisor at the completion of the course.
(h) A certificate shall be issued to the
breath test operator by the agency sponsoring the course of training. This
certificate of training shall be submitted to the commissioner when applying
for certification as a breath test operator.
(i) A breath test operator or recertifying
supervisor certification shall be valid for a period of 12 months from date of
issue unless terminated or revoked.
(j) A breath test operator shall renew his or
her certification prior to its expiration through:
(1) Demonstration of competence in performing
an analysis under the supervision of a forensic breath testing supervisor or
recertifying supervisor by:
a. Using proper
technique in collecting a sample; and
b. Following established operating and
reporting procedures; and
(2) Completion of a review course provided by
the department which shall include:
a.
Instrument operating and sampling technique;
b. Analysis and reporting procedures;
and
c. Procedural changes and legal
decisions affecting breath testing.
(k) A certified recertifying supervisor shall
renew his or her certification prior to its expiration through:
(1) Demonstration of competence in performing
an analysis under the supervision of a forensic breath testing supervisor by:
a. Using proper technique in collecting a
sample; and
b. Following
established operating and reporting procedures; and
(2) Completion of a review course provided by
the department which shall include:
a.
Instrument operating and sampling technique;
b. Analysis and reporting procedures;
and
c. Procedural changes and legal
decisions affecting breath testing.
(l) Reinstatement of breath test operators
and recertifying supervisors shall be as follows:
(1) A breath test operator's certification
shall be reinstated by the forensic breath testing supervisor or recertifying
supervisor if he or she meets the requirements of (j) above within one year
from the date of expiration; and
(2) A recertifying supervisor's certification
shall be reinstated by the forensic breath testing supervisor if he or she
meets the requirements of (k) above within one year from the date of
expiration.
(m) A breath
test operator's or recertifying supervisor's certification shall remain valid
unless expired or revoked after notice and opportunity for a hearing for any of
the following reasons:
(1) Failure to follow
the operating procedure for the approved instrument in accordance with
Saf-C
7103.02(e);
(2) Failure to follow the procedure for
reporting and keeping of records;
(3) Failure to renew certification within a
12 month period prior to expiration;
(4) Termination of employment as a law
enforcement official at any time during the 12 month certification period,
except for those individuals transferring from one law enforcement agency to
another within the State of New Hampshire; and
(5) Failure to become reinstated after a
period of one year from expiration of their last certification.
(n) To become certified again, the
former breath test operator or recertifying supervisor shall attend and
complete an approved course of training as described in (f) above.
(o) A breath test operator or recertifying
supervisor's certification shall be revoked upon recommendation by the forensic
breath testing supervisor in accordance with (m)(1) and (2) above. Notification
of this revocation shall be forwarded to the breath test operator or
recertifying supervisor by the commissioner by certified mail.
