N.M. Code R. § 7.33.2.7

Current through Register Vol. 35, No. 11, June 11, 2024

Section 7.33.2.7 - DEFINITIONS

A. "Adequate operational environment" - An area that has limited exposure to volatile organic compounds, has access restricted to authorized personnel and has been evaluated for radio frequency interference.

B. "Alcohol" - A hydrocarbon molecule that contains a hydroxyl group (oxygen, hydrogen) as its primary functional group.

C. "Blood" - Whole blood which contains the cellular components and the serum or plasma of blood or hemolyzed blood.

D. "Blood alcohol concentration (BAC)" - The concentration of alcohol in blood; the unit of measurement of alcohol in blood is the number of grams of alcohol per 100 milliliters of blood.

E. "Breath" - That portion of exhaled lung air that is collected for alcohol analysis.

F. "Breath alcohol concentration (BrAC)" - The concentration of alcohol in breath; the unit of measurement is the number of grams of alcohol per 210 liters of breath.

G. "Breath alcohol instrument" - Any evidential breath testing device that is capable of analyzing breath to establish the concentration of alcohol contained in a breath sample. Such instruments must be approved and individually certified by SLD for use in testing pursuant to the Implied Consent Act and this rule.

H. "Breath alcohol instrument modification" - Any alteration, variation or redesign of any part, device or electronic circuit that directly affects, alters, varies or changes the analytical or operational section of the equipment.

I. "Calibration check" - The analysis of an externally delivered, controlled, ethanol vapor specimen of known alcohol concentration. SLD shall determine the breath alcohol simulator solutions or gases to be used.

J. "Director" - The director of SLD.

K. "Drug" - Any chemical agent that affects living processes and has the potential to impair those processes.

L. "Equipment" - Devices which are not a component of the breath alcohol instrument but assist in meeting the requirements of an evidentiary breath test, including but not limited to simulators, gas tanks, gas brackets, and reference standards.

M. "Fixed location" - A location inside a building or breath testing mobile command center which is the primary or sole site for a breath alcohol instrument.

N. "Foreign substance" - Material not commonly found in the human mouth; it does not include dental appliances, dental adhesives, orthodontics or orthotics.

O. "Certified key operator" - An individual who has successfully completed the course for a certified operator and who has successfully completed a key operator class conducted by SLD.

P. "Certified operator" - A person who has successfully completed a breath alcohol operator class conducted by a representative of SLD or a SLD certified instructor and who qualifies to conduct implied consent breath alcohol tests.

Q. "Inspection" - A thorough examination and testing of a breath alcohol instrument by trained personnel to evaluate its accuracy and compliance with this SLD rule.

R. "Operator instructor" - Operator instructors train, test, and grade breath operators in the use of breath alcohol instruments.

S. "Portable instrument" - A breath alcohol instrument intended for use inside or outside buildings, including mobile applications (e.g. in vehicles).

T. "Preservative" - Any chemical that inhibits the development of microbial growth in a collected blood sample.

U. "Proficiency" - A solution of unknown alcohol concentration in blood or water used to evaluate the competency of an analyst or key operator conducting a chemical test and to assure the accuracy and precision of the instrument in reference to the target value(s).

V. "Sample" - A quantity of a subject's blood or exhaled breath to be analyzed for the presence of alcohol or other drugs or both pursuant to the New Mexico Implied Consent Act.

W. "Supplies" - Items that are used in the process of administering a breath or blood test but do not impact the test results, including but not limited to mouthpieces, and printer paper.

X. "Scientific laboratory division (SLD)" - A division of the department of health.

Y. "System blank" - A reference sample such as ambient air or distilled water containing no analyte of interest used to verify a negative test result for the purpose of testing blood or breath instruments.

Z. "Test" - In the case of blood, "test" means the analysis of a blood sample for alcohol or other chemical substances or both. In the case of breath, "test" means the analysis of breath samples for alcohol or other chemical substances or both.

N.M. Code R. § 7.33.2.7

7.33.2.7 NMAC - Rp, 7.33.2.7 NMAC, 04-30-2010