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Rule Title: LABORATORY CERTIFICATION
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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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23.4.214    LABORATORY CERTIFICATION

(1) All breath analysis instruments shall be returned to the division for a laboratory certification. A laboratory certification shall be considered valid for 365 days from the date of a laboratory certification. Such certification shall at a minimum consist of:

(a) a complete analysis of the breath analysis instrument's diagnostic functions and settings;

(b) a series of controlled ethyl alcohol water/gas standards shall be analyzed with an accuracy requirement of +/- 5% or .005, whichever is greater, on all target values;

(c) all updates, modifications, or changes which have been approved by the division may be installed; and

(d) a review of the breath analysis instrument's sensitivity for the detection of interfering substances.

(2) A record of the laboratory certification report shall be kept on file at the division.

(3) All new breath analysis instrumentation must receive a laboratory certification prior to placement in the field. Any breath analysis instrument sent to a location other than the division, or an approved repair facility within the state of Montana for maintenance or repair is required to receive a laboratory certification from the division prior to the instrument being placed back into service.

(4) All breath analysis instruments received from the division either after the laboratory certification, preventive maintenance, or after repair, must have a field certification performed by the senior operator, as set forth in ARM 23.4.213, prior to analysis of any subject's breath.

(5) The results of the laboratory certification report shall be placed on file with the division and a copy of the laboratory certification shall be filed with the testing location. Failure to file with the testing location does not invalidate the laboratory certification, or any subject analysis performed at that location, if such certification is on file with the division.

 

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