Okla. Admin. Code § 40:10-7-1

Current through Vol. 41, No. 19, June 17, 2024

Section 40:10-7-1 - Qualifications and requirements for forensic alcohol analysts

(a)Initial issuance of permits. Persons performing analysis for alcohol of specimens of blood, or delayed analysis for alcohol of retained specimens of breath or of the retained alcohol content of specimens of breath, hereafter termed "forensic alcohol analysis," under the provision of Title 47, Oklahoma Statutes, shall possess at least the following qualifications and shall meet the following requirements, and shall be eligible for initial issuance of a Permit to perform such forensic alcohol analysis upon satisfying such qualifications and requirements. Such persons shall continue to satisfy such qualifications and requirements as a condition of the continued validity of such Permit.

(1)Qualifications. Qualifications for forensic alcohol analysts (initial permits) are as follows:

(A) Residence within the State of Oklahoma.

(B) Minimum age of 21 years.

(C) Good moral character.

(D) At least the educational and experience requirements stipulated for clinical laboratory technologists, in the fields of clinical chemistry or toxicology, in the current implementing Federal regulations applicable to laboratories pursuant to the Clinical Laboratory Improvement Amendments of 1988 (P.L. No. 100-578), Title 42, Part 405 et al., Code of Federal Regulations, which are adopted in this Section by reference.

(E) At leastsix (6) months of the pertinent, full-time laboratory experience and/or training shall have been in a laboratory or laboratories meeting nationally-recognized standards for clinical or forensic laboratories, and shall have been in

(i) the field of blood-alcohol analysis or forensic toxicology or forensic chemistry or criminalistics, or

(ii) other pertinent biomedical or forensic laboratory activities.

(F) Competence to perform forensic alcohol analysis.

(2)Requirements. Requirements for forensic alcohol analysts (initial permits) are as follows:

(A) Submission of a properly completed application form for initial issuance of Permits, obtainable from the Board, together with the supporting documentation specified therein.

(B) Adequate access to suitable laboratory facilities meeting nationally-recognized standards for clinical or forensic laboratories.

(C) Establishment of the applicant's competence to perform forensic alcohol analysis. Such competence establishment shall be accomplished in accordance with generally-recognized procedures in forensic toxicology.

(b)Renewal of permits. Persons performing analysis for alcohol of specimens of blood, or delayed analysis for alcohol of retained specimens of breath or of the retained alcohol content of specimens of breath, under the provisions of Title 47, Oklahoma Statutes, who hold a current, valid Forensic Alcohol Analysis Permit issued by authority of the Board of Tests for Alcohol and Drug Influence shall be eligible for renewal of a Forensic Alcohol Analysis Permit upon satisfying the following qualifications and requirements. Such persons shall continue to satisfy such qualifications and requirements as a condition of the continued validity of such Permit.

(1)Qualifications. Qualifications for forensic alcohol analysts (renewal permits) are as follows:

(A) Possession of all qualifications stipulated in this Rule for initial issuance of a Forensic Alcohol Analysis Permit.

(B) Continued competence to perform forensic alcohol analysis as defined above.

(C) Possession of a valid Forensic Alcohol Analysis Permit issued by authority of the Board of Tests for Alcohol and Drug Influence within the preceding twelve (12) months upon compliance with the Qualifications and Requirements then in force for initial issuance or for renewal of such Permit.

(2)Requirements. Requirements for forensic alcohol analysts (renewal permits) are as follows:

(A) Submission of a properly completed application form for renewal of Permits, obtainable from the Board, together with the supporting documentation specified therein.

(B) Continued adequate access to suitable laboratory facilities meeting nationally-recognized standards for clinical or forensic laboratories.

(C) Establishment, within one (1) year prior to renewal of the Forensic Alcohol Analysis Permit, of the applicant's continued competence to perform forensic alcohol analysis. Such continued competence establishment shall be accomplished in accordance with generally-recognized procedures in forensic toxicology.

(c)Period of validity. Forensic Alcohol Analysis Permits shall be valid for one (1) year from the date of issue, and shall be subject to earlier termination or revocation at the discretion of the Board.

Okla. Admin. Code § 40:10-7-1

Amended at 14 Ok Reg 1521, eff 7-1-97; Amended at 18 Ok Reg 2329, eff 6-25-01