Md. Code Regs. 29.05.03.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 29.05.03.06 - [Effective until 7/21/2023] Evidentiary Tests of Breath for Alcohol: Personnel - Training

A. Breath Test Operator.

(1) Initial Certification as a Qualified Person.

(a) To become a qualified breath test operator, a qualified person shall be:

(i) A full-time law enforcement officer of an agency approved to conduct breath tests;

(ii) A full-time laboratory technician of an agency approved to conduct breath tests;

(iii) An employee of the Toxicologist; or

(iv) Any individual designated by the Toxicologist.

(b) CTAU shall issue an initial certificate after the successful completion of a basic breath test operator course as described in Regulation .05B(1) of this chapter.

(c) An initial certification shall be valid for a period of 15 months.

(2) Renewal of Certification.

(a) Before expiration of the initial certification or each subsequent renewal certification period, a breath test operator shall:

(i) Exhibit competence in the performance of all duties as a breath test operator as described in Regulation .07A(1) of this chapter; and

(ii) Successfully complete a breath test operator certification renewal course as outlined in Regulation .05B (2) of this chapter.

(b) CTAU shall issue a renewal certificate after the breath test operator complies with §A(2)(a) of this regulation.

(c) A renewal certificate shall extend certification for an additional period of 13 months.

(3) Reinstatement of Expired Certification.

(a) If the breath test operator's certification expires and not more than 90 days has elapsed since the time of expiration, the CTAU supervisor may reinstate the operator.

(b) If more than 90 days, but less than 3 years has elapsed, the CTAU supervisor:

(i) Shall confer with the Toxicologist or their representative about reinstatement; and

(ii) May require a demonstration of proficiency before reinstatement of the expired certification.

(c) A breath test operator who applies for reinstatement more than 3 years following expiration of certification shall complete the basic breath test operator course as provided in Regulation .05B(1) of this chapter to be requalified.

(4) Suspension and Revocation of Certification.

(a) An individual who fails a breath test operator certification renewal course shall be immediately suspended by the CTAU as a breath test operator.

(b) The CTAU supervisor may issue a renewal certificate to an individual if the breath test operator certification renewal course is successfully completed within 120 days of the initial failure.

(c) The CTAU supervisor may suspend or revoke a certificate of a breath test operator if, in the supervisor's judgment, the individual's performance is unsatisfactory.

(d) If the individual's certificate is revoked, the individual shall return all certificates and manuals to the CTAU supervisor.

B. Breath Test Maintenance Technician.

(1) To become a breath test maintenance technician, an individual shall:

(a) Be an employee of CTAU;

(b) Have successfully completed an approved operator and maintenance course for breath testing instrumentation as described in Regulation .05B(3) of this chapter; and

(c) Demonstrate proficiency in the use of breath testing instrumentation to:

(i) The CTAU supervisor; or

(ii) An approved instructor.

(2) CTAU shall issue a certificate if:

(a) The individual complies with §B(1) of this regulation; and

(b) The Toxicologist approves of the issuance of the certificate.

(3) Certification of a breath test maintenance technician may be suspended or revoked for the following reasons:

(a) Failure to properly maintain breath testing instruments; or

(b) Failure to adhere to this chapter.

C. Breath Test Instructor.

(1) To become a breath test instructor, an individual shall:

(a) Successfully complete the training programs described in Regulation .05B of this chapter;

(b) Have prior experience in training law enforcement officers;

(c) Assist in at least one basic breath test operator course as referenced in Regulation .05B(1) of this chapter; and

(d) Be approved by the Toxicologist.

(2) A breath test instructor may perform any instrument maintenance and repair as needed.

Md. Code Regs. 29.05.03.06

Regulation .06 adopted effective 50:7 Md. R. 297, eff. 2/20/2023