Okla. Admin. Code § 40:55-2-3

Current through Vol. 42, No. 8, January 2, 2025

Section 40:55-2-3 - Operating Procedure, use, precautions, and maintenance

(a)Authorized use. Oral fluid drug screening devices approved by these rules shall be used as presumptive tests. The operator of the oral fluid screening device, or the law enforcement agency employing the operator, shall determine the appropriate timing for use of the oral fluid screening device during impaired driving investigations. The drug screening device results do not imply impairment in and of themselves. All precautions for the safety of the subject as prescribed by the manufacturer shall be adhered to.

(b)Training. The operator of the oral fluid drug screening device shall be trained in the use of the approved drug screening device in accordance with the manufacturer's specifications. A law enforcement agency may adopt and carry out such trainings.

(c)Operation. Oral fluid screening devices approved by these rules shall be operated in accordance with the manufacturer's instructions. Use of expired oral fluid test cartridges is prohibited. In addition to any manufacturer's instructions, the operator of the oral fluid screening device shall observe the subject for at least 15 minutes prior to obtaining an oral fluid sample to confirm that the subject has not ingested any substance, vomited, or smoked during that time.

(d)Maintenance. Approved drug screening devices shall be maintained in accordance with the manufacturer's instructions.

Okla. Admin. Code § 40:55-2-3

Adopted by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022