Cal. Code Regs. tit. 17 § 1215

Current through Register 2024 Notice Reg. No. 14, April 5, 2024
Section 1215 - Definitions
(a) "Alcohol" means the unique chemical compound, ethyl alcohol. When referencing compounds to be avoided, such as skin disinfectants, alcohol means any organic compound in which an hydroxyl functional group is bound to a saturated carbon atom.
(b) "Alveolar" refers to the smallest air sacs in the lungs and to that portion of the expired breath which is in equilibrium with respect to alcohol with the immediately adjacent pulmonary blood.
(c) "Breath Alcohol Testing" means the analysis of a person's expired breath, using a breath testing instrument to obtain a breath alcohol result.
(d) "Competency Test" means the evaluation of a person's ability to perform work in forensic alcohol analysis prior to the performance of independent testing.
(e) "Concentration" means the weight amount of alcohol contained in a unit volume of liquid or a unit volume of gas under specified conditions of temperature and pressure. In the case of a tissue specimen, "concentration" means the weight amount of alcohol contained in a unit weight of specimen.
(f) "Department" means the California State Department of Public Health and its duly authorized representatives.
(g) "Forensic Alcohol Analysis" means the use of specialized equipment, instruments, and methods to measure the concentration of alcohol in samples of blood, urine, or tissue of persons involved in traffic accidents or traffic violations.
(h) "Forensic Alcohol Analyst" means a person employed by a forensic alcohol laboratory who is responsible for all aspects of the performance of forensic alcohol analysis.
(i) "Forensic Alcohol Laboratory" means a place at which specialized equipment, instruments, and methods are used by forensic alcohol analysts to measure the concentration of alcohol in samples of blood, breath, urine, or tissue of persons involved in traffic accidents or in traffic violations; this may be an activity of a laboratory engaged in activities in addition to forensic alcohol analysis.
(j) "Laboratory" means an entity capable of assuming the responsibility of fulfilling the requirements of the regulations.
(k) "Method" means the procedures used by a forensic alcohol analyst to determine the alcohol concentration in a sample or specimen.
(l) "NIST" is an abbreviation for the National Institute of Standards and Technology.
(m) "NIST Certified Reference Material (CRM)" means a reference material characterized by a metrologically valid procedure for one or more specified properties, accompanied by a certificate that provides the value of the specified property, its associated uncertainty, and a statement of metrological traceability.
(n) "NIST Standard Reference Material (SRM)" means a CRM issued by NIST that also meets additional NIST-specific certification criteria and is issued with a certificate or certificate of analysis that reports the results of its characterizations and provides information regarding the appropriate use(s) of the material.
(o) "NIST Traceable" means a commercially produced reference material with a well-defined traceability linkage to existing NIST standards for chemical measurements.
(p) "Precautionary Checklist" means a guide to assist in the operation of a breath instrument.
(q) "Proficiency Test" means a test to evaluate the continuing competence of analysts and the performance of a laboratory.
(r) "Sample" or "Specimen" means a representative portion of blood, urine, tissue, an artificially constituted material, or a portion of expired breath which is essentially alveolar in composition obtained for the purpose of measuring its alcohol concentration.
(s) "Set" means a group of samples analyzed in a continuous time span.

Cal. Code Regs. Tit. 17, § 1215

1. New Group 8 (Sections 1215, 1215.1, 1216, 1216.1, 1217, 1217.1 through 1217.8, 1218, 1218.1 and 1218.2) filed 8-10-70; effective thirtieth day thereafter (Register 70, No. 33).
2. Repealer of former section 1215 and renumbering of former section 1215.1 to new section 1215, including amendment of section and new NOTE, filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).

Note: Authority cited: Section 100703, Health and Safety Code. Reference: Section 100700, Health and Safety Code.

1. New Group 8 (Sections 1215, 1215.1, 1216, 1216.1, 1217, 1217.1 through 1217.8, 1218, 1218.1 and 1218.2) filed 8-10-70; effective thirtieth day thereafter (Register 70, No. 33).
2. Repealer of former section 1215 and renumbering of former section 1215.1 to new section 1215, including amendment of section and new Note, filed 1-26-2017; operative 4/1/2017 (Register 2017, No. 4).