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Rule Title: FIELD CERTIFICATION OF BREATH ANALYSIS INSTRUMENTS AND ASSOCIATED EQUIPMENT
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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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23.4.213    FIELD CERTIFICATION OF BREATH ANALYSIS INSTRUMENTS AND ASSOCIATED EQUIPMENT

(1) Breath analysis instruments shall be field certified for accuracy at least once every 31 days by a senior operator using an ethyl alcohol water standard or an ethyl alcohol gas standard which has been approved by the division and using the field certification report form for the breath analysis instrument being certified.

(a) A field certification shall consist of a series of no less than two analyses obtained using an approved alcohol standard.

(b) A field certification is valid when the results of the approved standard are at plus or minus 10% of target value. The results of the field certification shall be reported to the third decimal (0.000) and recorded on the field certification report form. If a test record card or tape is used, it shall be affixed to the field certification report which is to be kept at the testing location, and a copy of the field certification report will be prepared for the division. All field certification reports will be sent to the division on a monthly basis.

(c) The approved ethyl alcohol water standard will not be used for longer than three months after its first date of use. The ethyl alcohol gas standard will not be used beyond the expiration date listed on the standard.

(d) Results of a field certification analysis outside the range specified in this rule shall be confirmed by the senior operator. If the test results are still out of the specified range, the breath analysis instrument will be removed from service and the division shall be notified.

(e) A field certification shall be performed whenever a new breath analysis instrument is placed in service or when a breath analysis instrument is returned to service. In addition, whenever a breath analysis instrument is placed in a mobile service capacity, a field certification shall be done prior to mobile use and again at the end of mobile use. The field certification results must be on file at the testing location before the breath analysis instrument can be used for subject testing.

(f) After each use, the ethyl alcohol water standard shall be stored in a closed container and placed in a cool dark area. This storage requirement does not apply to the ethyl alcohol gas standard.

(g) The field certification report form and results will be kept on file at the testing location. The division will receive copies of all field certification report forms along with copies of all breath analysis report forms. All reports will be sent to the division on a monthly basis.

(h) Failure to file a copy of the report with the division does not invalidate the field certification, or any subject analysis performed at that location, if the report is on file at the testing location.

(i) A field certification prior to any subject test, and either calibration checks with approved alcohol standards performed during the subject test or a field certification following a subject test, shall create the inference that the breath analysis instrument was in proper working order at the time of the subject test.

(j) A breath analysis instrument's field certification shall be considered valid for 31 days forward from the date of a proper field certification.

(2) All devices meeting the definition of "associated equipment" contained in ARM 23.4.201(6)(b) shall be field certified for accuracy at least once every 31 days by a breath-test specialist who has received training approved by the division in the proper methods for conducting such analyses.

(a) A PAST's field certification shall consist of a series of no less than two analyses using an ethyl alcohol water or ethyl alcohol gas standard approved by the division.

(b) A field certification is valid when the results of the approved standards are at plus or minus 10% of target value. The results of the field certification must be recorded and maintained in the administering agency's files.

(c) Results of a field certification analysis outside the range specified in (2)(b) shall be confirmed/adjusted by the senior operator. If the test results are still out of the specified range, the PAST will be removed from service.

(d) A field certification shall be performed whenever a new PAST is placed in service or when a PAST is returned to service. The field certification results must be on file with the agency before the PAST can be used for subject testing.

(e) The individual law enforcement agencies using PASTs shall maintain a record of the field certifications of each individual device. Such record shall include but not be limited to:

(i) the date of the field certification;

(ii) the serial number of the PAST;

(iii) the results obtained and if an adjustment was made;

(iv) the lot number of the ethyl alcohol water standard or ethyl alcohol gas standard; and

(v) the name of the individual conducting the analysis.

(f) A PAST's field certification shall be considered valid for 31 days forward from the date of a proper field certification.

 

 

History: 61-8-405, MCA; IMP, 61-8-405; MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; 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, 1991 MAR p. 1281, Eff. 7/26/91; 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, 1991 MAR p. 1281, Eff. 7/26/91; 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, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02.
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