Oklahoma Administrative Code
Title 40 - Board of Tests for Alcohol and Drug Influence
Chapter 40 - Analysis of Other Intoxicating Substances
Section 40:40-1-2 - Analysis of other intoxicating substances in blood

Universal Citation: OK Admin Code 40:40-1-2

Current through Vol. 41, No. 13, March 15, 2024

(a) General conditions.

(1) The term "other intoxicating substance" shall mean any controlled dangerous substance as defined in Title 63 of the Oklahoma Statutes, and any other substance, other than alcohol, which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions.

(2) Analysis of blood specimens for identification and/or quantitation of other intoxicating substances contained therein shall be performed in substantial compliance with the provisions of this Section.

(3) Forensic Drug Laboratories and Forensic Drug Analysts performing analysis of other intoxicating substances in specimens of blood shall comply substantially with applicable generally recognized standards of good laboratory practice.

(4) In the analysis of other intoxicating substances in specimens of blood, the laboratory and analyst(s) shall comply with generally recognized procedures and safeguards for forensic analytical toxicology. Appropriate measures shall be taken to safeguard the identity, integrity, and composition of all specimens and to exclude tampering with and unauthorized access to or exchange or loss of specimens, and to provide the requisite security for evidentiary purposes.

(5) Analysis of State's or retained blood specimens for other intoxicating substances may be carried out by any method or procedure approved by authority of the Board of Tests for Alcohol and Drug Influence.

(6) Analysis of blood or blood components for other intoxicating substances shall be performed in compliance with applicable Analysis Protocol(s) and Procedure(s) generally-recognized by competent authorities in forensic toxicology. Such Analysis Protocol(s) and Procedure(s) shall conform, to the extent applicable, to the criteria and specifications set forth hereinafter in this Section. Methods and tests for the analysis of other intoxicating substances set forth in such applicable Analysis Protocol(s) and Procedure(s) shall be deemed to be approved by the Board of Tests for Alcohol and Drug Influence.

(b) Facilities and analysts.

(1) Analysis of a State's or retained blood specimen shall be carried out only and in its entirety in a Forensic Drug Laboratory approved by the Board of Tests for Alcohol and Drug Influence.

(2) Such analysis shall be performed by qualified personnel employed by the laboratory.

(c) Specimens.

(1) Analysis of other intoxicating substances may be carried out upon specimens of whole blood or any of its components, including plasma and serum. A homogenized mixture of clotted blood and serum may also be used as a specimen.

(2) Blood specimens may contain adequate and appropriate anticoagulant(s) and preservative(s), but no other additives.

(d) Methods and procedures. Methods and procedures shall be carried out in compliance with ISO/IEC (International Organization of Standards/International Electrotechnical Commission) 17025 accreditation.

(e) Quality assurance. Quality assurance shall be carried out in compliance with ISO/IEC (International Organization of Standards/International Electrotechnical Commission) 17025 accreditation.

(f) Records and reports. Record keeping and reporting shall be carried out in compliance with ISO/IEC (International Organization of Standards/International Electrotechnical Commission) 17025 accreditation.

Amended at 14 Ok Reg 1536, eff 7-1-97

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