W. Va. Code R. § 64-10-8

Current through Register Vol. XLI, No. 43, October 25, 2024
Section 64-10-8 - Blood Analysis; Standards and Methods
8.1. Methods of analyzing blood specimens for ethyl alcohol shall meet the following standards:
8.1.1. The method used shall be capable of separating and quantifying ethyl alcohol from the blood specimen;
8.1.2. The method used shall be capable of the analysis of a reference sample of known alcohol concentration within accuracy and precision limits of plus or minus 0.01 grams per cent W/V of the true value. These limits shall be applied to alcohol concentrations which are 0.01 grams per cent W/V or higher;
8.1.3. The method used shall be capable of blood alcohol analysis which results in a concentration less than 0.01 grams of alcohol per one hundred milliliters of blood when alcohol free persons are tested; and
8.1.4. The gas-chromatographic method meets the standards in this subsection for testing.
8.2. Blood for alcohol analysis shall be collected as follows:
8.2.1. The blood shall be drawn only by a licensed doctor of medicine or osteopathy, registered professional nurse, trained medical technician or any medical professional trained in phlebotomy;
8.2.2. Sterile hypodermic needles and syringes shall be used. Sterile disposable units are recommended;
8.2.3. The skin shall not be disinfected with ethyl alcohol. The use of non-alcoholic antiseptics, those which do not contain ethyl alcohol, including 1-1000 aqueous solution of mercuric chloride, aqueous benzalkonium chloride (zephiran), aqueous merthiolate, or other suitable aqueous disinfectants is acceptable;
8.2.4. The quantity of alcohol found in serum shall be divided by a factor of 1.16 to determine the quantity of alcohol in the blood; and
8.2.5. The container (tube or vial) shall be clean and dry, and have an inert, airtight stopper.

W. Va. Code R. § 64-10-8