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 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 operator;
d. The
applicant shall have experience in conducting 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 breath tests in
accordance with Saf-C 9003.02.
(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) Conducting breath tests pursuant to
RSA
265-A:5;
(2) Recertifying breath test operators within
his or her own agency in accordance with (j) below; and
(3) Assisting the forensic breath testing
supervisor in the training of breath test operators.
(e) Recertifying supervisors shall not
perform preventive maintenance on equipment.
(f) The course of training 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 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 are view 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
ananalys is 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
9003.02;
(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.
The amended
version of this section by
New
Hampshire Register Volume 40, Number 15, eff.
3/23/2020 is not yet
available.
