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Rule Title: DEFINITIONS
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Department: JUSTICE
Chapter: FORENSIC SCIENCE DIVISION
Subchapter: Drug and/or Alcohol Analysis
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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23.4.201    DEFINITIONS

Unless the context requires otherwise, the following definitions apply to this subchapter:

(1) "Accessory" means any device or item, which may or may not be expandable, but assists in the operation of the breath analysis instrument.

(2) "Alcohol" means an organic hydrocarbon molecule which contains a hydroxyl (oxygen, hydrogen) as its primary functional group, such compounds to include such common alcohols as: methanol, ethanol, isopropanol, and all other compounds chemically classified as an alcohol.

(3) "Alcohol analyses" includes any testing required to achieve a result demonstrating the presence and/or concentration of alcohol in breath, blood, or any other bodily substance.

(4) "Alveolar air" means that air which is located in the alveoli of the lungs and is responsible for the exchange of gases between the blood and the lung. This is the type of breath upon which the 2100:1 breath blood ratio is established.

(5) "Anticoagulant" means any substance which prevents the clotting of the blood sample.

(6) "Associated equipment" means:

(a) any device which can be directly attached to the breath analysis instrument and is not considered an expendable item, i.e., a wet bath simulator; or

(b) any approved device capable of capturing and analyzing deep lung air to detect and verify the presence of alcohol, i.e., a PAST device.

(7) "Blood" refers to whole blood, serum, or plasma.

(8) "Breath" refers to that portion of the exhaled deep lung air that is collected for alcohol analysis.

(9) "Breath analysis instrument" means any device which is capable of capturing and analyzing deep lung air to establish the concentration of alcohol contained in that sample. Such instruments must be approved by the Forensic Science Division.

(10) "Breath analysis instrument change" means any substitution or replacement of any electronic, optical, or mechanical part or device which adheres to the original specification(s) and does not affect or change the analytical or operational sections of the breath analysis instrument. Such change does not require reapproval of the breath analysis instrument.

(11) "Breath analysis instrument modification" means any alteration, variation, or redesign of any part, device, or electronic circuit which directly affects, alters, varies, or changes the analytical and/or the operational section of the breath analysis instrument. Such modification may at the discretion of the division, require reapproval of the breath analysis instrument.

(12) "Breath analysis instrument update" means any advancement, augmentation, addition, or replacement of any part or device with a different specification, which may or may not affect the analytical or operational sections of the breath analysis instrument. Such update may, at the discretion of the division, require reapproval of the breath analysis instrument.

(13) "Breath-test specialist" means a person qualified under these rules to use a breath analysis instrument or a preliminary alcohol screening device, i.e., PAST device. Depending on the person's degree of training as set forth in ARM 23.4.216, he/she may be certified as:

(a) operator;

(b) senior operator; and/or

(c) technician.

(14) "College of American Pathologists" means the organization nationally recognized by that name with headquarters in Northfield, Illinois, which surveys clinical laboratories upon their request, and accredits clinical laboratories which it determines meet its standards and requirements.

(15) "Deep lung air" means that air which comes from the deeper section of the lung and contains only a portion of alveolar air. This is the type of breath captured by the breath analysis instrument.

(16) "Department" means the Department of Justice.

(17) "Division" means the Forensic Science Division of the Department of Justice.

(18) "The Joint Commission" (formerly known as The Joint Commission on Accreditation of Hospitals) means the organization nationally recognized by that name with headquarters in Chicago, Illinois, that surveys health care facilities upon their request and grants accreditation status to any health care facility that it determines meets its standards and requirements.

(19) "Laboratory" means the Forensic Science Division.

(20) "Manufacturer" means the actual producer of the breath analysis instrument, associated equipment, accessories, and/or supplies.

(21) "MLEA" means Montana Law Enforcement Academy.

(22) "NHTSA" means National Highway Traffic Safety Administration.

(23) "POST council" means Police Officer Standards and Training Advisory Council of the Montana Board of Crime Control.

(24) "Preliminary alcohol screening test" or "PAST" means any device meeting the definition of (8)(b).

(25) "Preservative" means any chemical which inhibits the development of bacterial growth in a collected blood sample or which inhibits or prevents enzymatic hydrolysis of drugs by cholinesterase, i.e., potassium oxylate and sodium fluoride.

(26) "Renewal materials" in ARM 23.3.217 means materials which relate to the field of breath alcohol testing, and may include an exam, a practical demonstration on the instrument, current legal decisions, or updates on instrument technology and operation.

(27) "Sample" means blood, breath, urine, or other biological fluid to be analyzed for the presence of drugs and/or alcohol pursuant to this subchapter. All samples must be of sufficient volume so that complete analysis may be performed.

(28) "SFST/HGN" means standardized field sobriety testing/horizontal gaze nystagmus.

(29) "Supply" means any item which is consumed during one or more test modes of the breath analysis instrument or associated equipment, i.e., simulator solution and mouthpieces.

(30) "Test," in reference to a breath analysis, means a full and complete analysis of properly delivered breath sample or samples. Such analysis is to be considered complete when the breath analysis instrument has executed its prescribed program, a final result known as the reported alcohol concentration is obtained, and a printed record is produced by the breath analysis instrument. All breath analyses must be performed in accordance with the procedures set forth by the Forensic Science Division. In reference to other biological sample analysis, a test of the sample may consist of more than one analysis of the submitted sample or samples in accordance with the procedures set forth by the Forensic Science Division.

(31) "Vendor" means any company or representative or a manufacturer responsible or involved in the sale and/or marketing of breath analysis instrumentation, associated equipment, accessories, and/or supplies.

 

History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12.


 

 
MAR Notices Effective From Effective To History Notes
23-4-228 7/13/2012 Current History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12.
5/11/2007 7/13/2012 History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07.
5/17/2002 5/11/2007 History: Sec. 61-8-405, MCA; IMP, Sec. 61-8-405, MCA; NEW, 1988 MAR p. 275, Eff. 2/12/88; AMD, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02.
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