rev 3.092a-1 state board of health rules pertaining to testing for alcohol and other drugs 5 ccr...

Rev 3.09 2A-1

STATE BOARD OF STATE BOARD OF HEALTH RULES HEALTH RULES PERTAINING TO PERTAINING TO

TESTING FOR TESTING FOR ALCOHOL AND ALCOHOL AND OTHER DRUGSOTHER DRUGS

5 CCR 1005-25 CCR 1005-2

EffectiveEffectiveMarch 2, 2009March 2, 2009

Rev 3.09 2A-2

Part 1: GeneralPart 1: General

Part 2: Certification Requirements for Operators and Part 2: Certification Requirements for Operators and Instructors Performing Evidential Breath Alcohol Instructors Performing Evidential Breath Alcohol Testing (EBAT)Testing (EBAT)

Part 3: Part 3: Certification Requirements for Approved Certification Requirements for Approved Evidential Breath Alcohol Testing (EBAT) FacilitiesEvidential Breath Alcohol Testing (EBAT) Facilities

Part 4: Part 4: Evidential Breath Alcohol Testing (EBAT) – Evidential Breath Alcohol Testing (EBAT) – Collection and Testing ProceduresCollection and Testing Procedures

Part 5: ReservedPart 5: Reserved

Table of ContentsTable of Contents

Rev 3.09 2A-3

Part 6: Part 6: Certification Requirements for Forensic Certification Requirements for Forensic Toxicology LaboratoriesToxicology Laboratories

Part 7: Part 7: Blood Forensic Toxicology – Collection and Blood Forensic Toxicology – Collection and Testing RequirementsTesting Requirements

Part 8: Part 8: Urine Forensic Toxicology – Collection and Urine Forensic Toxicology – Collection and Testing RequirementsTesting Requirements

Part 9: Post Mortem Forensic Toxicology – Collection and Testing Requirements

Part 10: Violations and Remedies

Table of ContentsTable of Contents

Rev 3.09 2A-4

AppendicesAppendices

Appendix 1AAppendix 1A ReservedReserved

Appendix 2AAppendix 2A Approved Checklist for Approved Checklist for Performing Evidential Performing Evidential

Breath Alcohol Breath Alcohol Test(s)Test(s)

Appendix 2BAppendix 2B DUI and DUID DUI and DUID Laboratory Certification Laboratory Certification

Application Application

Appendix 2CAppendix 2C DUI and DUID DUI and DUID Laboratory Certification Laboratory Certification

Onsite Evaluation Onsite Evaluation Standards Standards

Rev 3.09 2A-5

Part 1 - GeneralPart 1 - General

Purpose and Scope– Establish minimum standards for certification

and approval of entities and processes utilized for alcohol and drug testing.

– Applies to DUI, DWAI, driving with excessive alcohol content, vehicular assault and homicide and consumption of alcohol by underage persons

– Department has determined that the results obtained from the Certified EBAT Instrument are scientifically accurate, precise and reliable when operated as described in these rules.

– The only instrument certified for use in Colorado is the Intoxilyzer 5000EN.

– EBAT facilities operate and must comply with Parts 2, 3, 4, and Appendix 2A of these rules.

– Laboratories performing blood alcohol, blood drug, urine drug and post mortem testing operate under Parts 6, 7, 8, 9, and Appendix 2C of these rules.

Rev 3.09 2A-6


Definitions– Alcohol Percent (%)

– Appropriate Clinical or Public Safety Facility

– Certification

– Certified EBAT Instrument

– Certified EBAT Instructor

– Certified Laboratory

– Certified EBAT Operator

– Department

– DUI Packet

– Evidential or Evidentiary

– Evidential Breath Alcohol Test (EBAT)

– Facility

– Laboratory Director

– Limit of Detection (LOD)

– Limit of Quantitation (LOQ)

Rev 3.09 2A-7


Definitions – (continued)Definitions – (continued)

– Litigation Packet

– Proficiency Testing

– Representative of a Certified Laboratory

– Standard Simulator Solution Logs

– Supervisory Analyst

– Tampering

Rev 3.09 2A-8

Part 2: Certification Requirements for Part 2: Certification Requirements for Operators and Instructors Performing Operators and Instructors Performing

Evidential Breath Alcohol Testing Evidential Breath Alcohol Testing (EBAT)(EBAT)

Certification of EBAT Operators– Initial Certification

» MUST be currently employed by a law enforcement agency or CDPHE

» Attend a minimum of (8) eight hours of instruction following the Department’s Operator Training Manual

» Score 80% or greater on written test; and» Complete a comprehensive practical exam as

specified in the Department Operator Training Manual

» Certificate with operator name, course instructor(s) and initial date of certification

– Maintain Certification» Proficiently perform without errors one EBAT

following Appendix 2A in the presence of a certified instructor within 180-day period

» Both the Operator and Instructor sign printout» Agency retains printout

Rev 3.09 2A-9


Evidential Breath Alcohol Testing Evidential Breath Alcohol Testing

(EBAT)(EBAT)

Certification of EBAT Operators– Failure to certify within the 180-day period:

» Decertified by the instructor, and

» Repeat 8-hour operator course

– Certification after military service

» Proof of active duty (not to exceed 2 years)

» Proof of last operator certification prior to active duty

» 80% or greater on current operator test

» Proficiently perform without errors one EBAT following Appendix 2A in the presence of a certified instructor

» Send documentation to CDPHE

» Certificate will indicate operator name, agency instructor, date of certification and “Reinstatement After Military Service”

– Facility MUST retain records of operator’s original date of certification and all subsequent dates of certification

Rev 3.09 2A-10


Evidential Breath Alcohol Testing Evidential Breath Alcohol Testing (EBAT)(EBAT)

Certification of EBAT InstructorsCertification of EBAT Instructors– Initial CertificationInitial Certification

» MUST be currently employed by a law MUST be currently employed by a law enforcement agency or CDPHEenforcement agency or CDPHE

» Currently certified as an EBAT operatorCurrently certified as an EBAT operator» Attend the 16-hour class Instructor courseAttend the 16-hour class Instructor course» Score 80% or greater on the written examScore 80% or greater on the written exam» Complete a comprehensive practical examComplete a comprehensive practical exam» Certificate with Instructor’s name, CDPHE Certificate with Instructor’s name, CDPHE

course trainer(s) and initial date of course trainer(s) and initial date of certificationcertification

– Maintain CertificationMaintain Certification» Teach one operator class within 365 days, orTeach one operator class within 365 days, or» Take a written instructor certification test Take a written instructor certification test

within 365 days within 365 days

Rev 3.09 2A-11


Evidential Breath Alcohol Testing Evidential Breath Alcohol Testing

(EBAT)(EBAT)

Certification of EBAT InstructorsCertification of EBAT Instructors– Failure to maintain certificationFailure to maintain certification

» Decertified and repeat 16-hour instructor courseDecertified and repeat 16-hour instructor course» May recertify as an operator after performing one May recertify as an operator after performing one

error-free EBAT in the presence of a certified error-free EBAT in the presence of a certified instructor.instructor.

– Certification after military service» Proof of active duty (not to exceed 2 years)» Proof of last instructor certification prior to active

duty» 80% or greater on current instructor test» Proficiently perform without errors one EBAT

following Appendix 2A in the presence of a certified instructor

» Send documentation to CDPHE» Certificate will indicate instructor name, agency

name, Department Program Manager or designee, date of certification and “Reinstatement After Military Service”

» Facility MUST retain records of instructor's original date of certification and all subsequent dates of certification

Rev 3.09 2A-12

Part 3: Certification Requirements for Part 3: Certification Requirements for Approved Evidential Breath Alcohol Approved Evidential Breath Alcohol

Testing (EBAT) FacilitiesTesting (EBAT) Facilities

Standards for Approved EBAT FacilitiesStandards for Approved EBAT Facilities

EBAT must be conducted only in approved EBAT must be conducted only in approved facilitiesfacilities

Approved EBAT facilities must meet the standards Approved EBAT facilities must meet the standards of performance established by these rulesof performance established by these rules

Onsite inspections of EBAT facilities must be Onsite inspections of EBAT facilities must be performed prior to testing and once a year performed prior to testing and once a year thereafterthereafter

Facility inspection reports will be sent within 15 Facility inspection reports will be sent within 15 days of the inspection datedays of the inspection date

Facilities must send a plan of correction to the Facilities must send a plan of correction to the Department for review and approval within 15 days Department for review and approval within 15 days of receipt, when applicableof receipt, when applicable

Initial, annual, follow-up and complaint facility Initial, annual, follow-up and complaint facility inspection to include permanent, temporary and inspection to include permanent, temporary and mobile locations, must be conducted using Part 3 of mobile locations, must be conducted using Part 3 of these rules.these rules.

A certified EBAT instrument must not be moved A certified EBAT instrument must not be moved from its approved location within the approved from its approved location within the approved facility without authorization from the Department facility without authorization from the Department

Rev 3.09 2A-13


Testing (EBAT) FacilitiesTesting (EBAT) Facilities Standards for Approved EBAT FacilitiesStandards for Approved EBAT Facilities

Facility initial approval requirements are at 3.1.12.1Facility initial approval requirements are at 3.1.12.1

Instrument power requirements are at 3.1.12.2Instrument power requirements are at 3.1.12.2 The Intoxilyzer 5000EN must be use a surge The Intoxilyzer 5000EN must be use a surge protection device approved by the Departmentprotection device approved by the Department

Facility environmental requirements are at 3.1.12.3Facility environmental requirements are at 3.1.12.3 The temperature of the facility must be The temperature of the facility must be between 70between 70°° and 80 and 80°° F and kept clean and F and kept clean and orderlyorderly The organizer stand must be used and placed The organizer stand must be used and placed on a sturdy work surfaceon a sturdy work surface The environment must be well ventilated and The environment must be well ventilated and

smoke-free.smoke-free. Cleaning compounds or volatiles must NOT be Cleaning compounds or volatiles must NOT be stored around the Intoxilyzer 5000ENstored around the Intoxilyzer 5000EN

The facility must be secure with access only by The facility must be secure with access only by authorized personnel.authorized personnel.Automobile emissions must not be allowed in the Automobile emissions must not be allowed in the approved facilityapproved facility

Rev 3.09 2A-14




Documentation requirements for all facility types are at Documentation requirements for all facility types are at 3.1.12.4 3.1.12.4

Current, original instrument certification Current, original instrument certification certificatecertificate

Current Appendix 2A checklistCurrent Appendix 2A checklist

Error message sheetError message sheet

Current list of certified operators and instructorsCurrent list of certified operators and instructors

Note: Must include original date of Note: Must include original date of certification, date of last re-certification, date of last re-

certification certification and date next re-certification and date next re-certification is due.is due.

Current Standard Simulator Solution Log SheetCurrent Standard Simulator Solution Log Sheet

Supply requirements for all facility types are at 3.1.12.5Supply requirements for all facility types are at 3.1.12.5

MouthpiecesMouthpieces

Standard Simulator SolutionStandard Simulator Solution

Printer PaperPrinter Paper

Rev 3.09 2A-15




Certified EBAT Instrument function requirements for all Certified EBAT Instrument function requirements for all facility types are at 3.1.12.6facility types are at 3.1.12.6

The certified instrument date and time must be The certified instrument date and time must be correctcorrectThe facility dispatch clock can be used as long The facility dispatch clock can be used as long

as as the instrument clock is synchronized with the the instrument clock is synchronized with the dispatch clockdispatch clockThe external breath tube must be heatedThe external breath tube must be heated

The simulator vapor tube must be heatedThe simulator vapor tube must be heatedThe certification date on the printout must be The certification date on the printout must be

the the same as the certification date on the certificatesame as the certification date on the certificateThe instrument MUST be connected to an The instrument MUST be connected to an

active, active, dedicated analog telephone line – Permanent dedicated analog telephone line – Permanent locations onlylocations only

Rev 3.09 2A-16




Simulator function requirements for all facility types are Simulator function requirements for all facility types are at 3.1.12.7at 3.1.12.7

Active and Backup Simulator at each approved Active and Backup Simulator at each approved facilityfacilityMUST record serial numberMUST record serial numberMUST read between 33.8 – 34.2 degrees MUST read between 33.8 – 34.2 degrees CentigradeCentigradeSimulator Solution MUST be between 33.8 – Simulator Solution MUST be between 33.8 –

34.2 34.2 degrees Centigradedegrees Centigrade

Record requirements are at 3.1.12.8Record requirements are at 3.1.12.8Calibration records MUST be within 10% of Calibration records MUST be within 10% of

the the 0.100 value (0.090 – 0.110) on the Standard 0.100 value (0.090 – 0.110) on the Standard Simulator Solution LogSimulator Solution Log

The Standard Simulator Solution Log The Standard Simulator Solution Log MUST not MUST not indicate an unacceptable number indicate an unacceptable number of error messagesof error messages

Rev 3.09 2A-17




Record requirements are at 3.1.12.8 (continued)Record requirements are at 3.1.12.8 (continued)

A new Standard Simulator Solution Log MUST A new Standard Simulator Solution Log MUST be be created every 28 days or 96 tests, whichever created every 28 days or 96 tests, whichever comes comes firstfirst

Diagnostic checks MUST be performed every Diagnostic checks MUST be performed every 28 28 daysdays

Calibration checks MUST be performed with Calibration checks MUST be performed with each each new Standard Simulator Solution Log and new Standard Simulator Solution Log and every 7 every 7 days thereafterdays thereafter

A breath sample check MUST be performed A breath sample check MUST be performed every every 28 days or 96 tests, whichever comes first28 days or 96 tests, whichever comes first

Standard Simulator Solution Logs and solution Standard Simulator Solution Logs and solution records MUST be retained for a minimum of 5 records MUST be retained for a minimum of 5 yearsyears

Additional mobile EBAT facility requirements are at Additional mobile EBAT facility requirements are at 3.1.12.93.1.12.9

Rev 3.09 2A-18

Part 4: Evidential Breath Alcohol Part 4: Evidential Breath Alcohol Testing (EBAT) – Collection and Testing (EBAT) – Collection and

Testing ProceduresTesting Procedures Part 4 establishes MINIMUM standards for Part 4 establishes MINIMUM standards for

certification and approval of entities and certification and approval of entities and processes used for EBAT testingprocesses used for EBAT testing

Evidential Breath Specimen CollectionEvidential Breath Specimen CollectionMust be tested on a certified EBAT instrumentMust be tested on a certified EBAT instrumentMust be tested by a certified instructor or Must be tested by a certified instructor or

operatoroperatorMust be tested in an approved EBAT facilityMust be tested in an approved EBAT facilityMust be tested using end-expiratory alveolar airMust be tested using end-expiratory alveolar air

Subject advisement requirement at 4.2.1.6Subject advisement requirement at 4.2.1.6Unless otherwise provided by law, at the request of the subject, the subject must be given a choice of which type of evidential chemical test they wish to take to determine the alcohol concentration in their body (evidential breath alcohol test or evidential blood alcohol test) or they may refuse to take either evidential chemical test. Nothing in this regulation is intended to exempt or exonerate an individual from the penalties proscribed in Sections 42 42-4-1301.1 and 42-4-1301.2, C.R.S, or any other relevant law, for the failure to submit to such test.

Rev 3.09 2A-19


Testing ProceduresTesting Procedures

Methods of AnalysisMethods of Analysis

Instructors and Operators MUST follow these proceduresInstructors and Operators MUST follow these procedures

Instructors and Operators MUST use Appendix 2A with Instructors and Operators MUST use Appendix 2A with each test performed or initiatedeach test performed or initiated

Appendix 2A must not be changed in any wayAppendix 2A must not be changed in any way

Appendix 2A must be completed in the order Appendix 2A must be completed in the order listedlisted

A completed EBAT is one in which Appendix A completed EBAT is one in which Appendix 2A 2A is followed and a printout without error is followed and a printout without error messages messages is obtainedis obtained

The certified Instructor or Operator MUST initial each The certified Instructor or Operator MUST initial each step on Appendix 2A to indicate that each step is step on Appendix 2A to indicate that each step is performed properlyperformed properly

Rev 3.09 2A-20



Methods of Analysis EBAT Steps 1-7Methods of Analysis EBAT Steps 1-7

Step 1Step 1““Turn power button on or observe the power Turn power button on or observe the power button has been activated. If the certified EBAT button has been activated. If the certified EBAT instrument is in the standby mode, press the start instrument is in the standby mode, press the start test button.”test button.”

Instrument must always be powered onInstrument must always be powered on

Instrument will go into “Standby” mode Instrument will go into “Standby” mode after after

120 minutes of inactivity120 minutes of inactivityDisplay is blankDisplay is blankSimulator reads “Idle”Simulator reads “Idle”Power Button red light is litPower Button red light is lit

Instrument is ready when display is Instrument is ready when display is scrollingscrolling

Rev 3.09 2A-21


Testing ProceduresTesting Procedures Methods of Analysis EBAT Steps 1-7Methods of Analysis EBAT Steps 1-7

Step 2Step 2““The subject must remove foreign objects from the The subject must remove foreign objects from the nose and mouth including removable dentures. The nose and mouth including removable dentures. The subject must be closely and continuously observed subject must be closely and continuously observed for 20 minutes prior to testing to ensure no for 20 minutes prior to testing to ensure no belching, regurgitation or intake of any foreign belching, regurgitation or intake of any foreign material by nose or mouth has occurred. If such material by nose or mouth has occurred. If such occurs, another 20 minutes of close and continuous occurs, another 20 minutes of close and continuous observation must elapse under the same observation must elapse under the same conditions.”conditions.”

A new Appendix 2A must be filled out each timeA new Appendix 2A must be filled out each time

Observation must be conducted at facilityObservation must be conducted at facility

Observation time must be recorded from the Observation time must be recorded from the instrument or the dispatch clock if the instrument instrument or the dispatch clock if the instrument clock is clock is synchronized with the dispatch clocksynchronized with the dispatch clock

Rev 3.09 2A-22




Step 3Step 3

““Verify that the external breath tube and Verify that the external breath tube and simulator vapor tube are both warm”simulator vapor tube are both warm”

Touch both tubes to ensure they are Touch both tubes to ensure they are warmwarm

If they are cold, stop the test and notify a If they are cold, stop the test and notify a certified instructorcertified instructor

Rev 3.09 2A-23




Step 4Step 4

““Observe the simulator temperature is Observe the simulator temperature is between 33.8 degrees Centigrade and 34.2 between 33.8 degrees Centigrade and 34.2 degrees Centigrade.”degrees Centigrade.”

Allow the simulator to equilibrate for a Allow the simulator to equilibrate for a minimum of ten (10) minutes after minimum of ten (10) minutes after

reaching reaching the correct temperature when it the correct temperature when it has been in has been in standby mode or is first turned onstandby mode or is first turned on

Rev 3.09 2A-24




Step 5Step 5

““Press the start test button.”Press the start test button.”

To initiate the automated test To initiate the automated test sequencesequence

Step 6Step 6

““Follow the instructions and sequence of Follow the instructions and sequence of events as they appear on the certified events as they appear on the certified EBAT instrument display.”EBAT instrument display.”

System blanks are usedSystem blanks are used

Rev 3.09 2A-25




Step 6 (continued)Step 6 (continued)0.100 Standard Simulator Solution is used for 0.100 Standard Simulator Solution is used for the calibration checks and must be +/- 10% the calibration checks and must be +/- 10% (0.090 – 0.110)(0.090 – 0.110)

A “No Calibration Correlation” error message A “No Calibration Correlation” error message will will appear if not within the +/- 10% rangeappear if not within the +/- 10% range

The subject’s two breath samples must be The subject’s two breath samples must be within within 0.020 of each other0.020 of each other

A “No .02 Agreement” error message will A “No .02 Agreement” error message will appear if appear if the two breath samples are not within 0.020the two breath samples are not within 0.020

When a “No .02 Agreement” error message occurs, When a “No .02 Agreement” error message occurs, the the 20-minute observation must be repeated using a new 20-minute observation must be repeated using a new

Appendix 2A checklistAppendix 2A checklist

Rev 3.09 2A-26



Methods of Analysis EBAT steps (1-7)Methods of Analysis EBAT steps (1-7)

Step 6 (continued)Step 6 (continued)

The Non-Compliance option must be used when The Non-Compliance option must be used when belching, regurgitation or foreign material is detected belching, regurgitation or foreign material is detected

in in the mouth or nose from the start of the EBAT through the mouth or nose from the start of the EBAT through the the completion of the second breath sample.completion of the second breath sample.

When the Non-Compliance option is chosen, the 20-When the Non-Compliance option is chosen, the 20-minute observation period must be repeated using a minute observation period must be repeated using a

new new Appendix 2A checklistAppendix 2A checklist

Between the two-minute period between breath tests, Between the two-minute period between breath tests, the the subject must be removed from close proximity to the subject must be removed from close proximity to the

instrument to prevent any tamperinginstrument to prevent any tampering

A clean mouthpiece will be used each time the A clean mouthpiece will be used each time the subject subject blows into the instrumentblows into the instrument

Rev 3.09 2A-27



Methods of Analysis EBAT steps (1-7)Methods of Analysis EBAT steps (1-7)

Step 7Step 7““Retain all printouts generated by the Retain all printouts generated by the certified EBAT instrument to include any certified EBAT instrument to include any error messages, and any checklist(s) error messages, and any checklist(s) initiated (Appendix 2A) with the DUI initiated (Appendix 2A) with the DUI packet.”packet.”

The certified instructor or operator performing the The certified instructor or operator performing the testing testing must sign any initiated checklist(s) and the completed must sign any initiated checklist(s) and the completed

EBATEBAT

Any checklist(s), error messages and the completed Any checklist(s), error messages and the completed EBAT must be retained with the DUI packetEBAT must be retained with the DUI packet

All Standard Simulator Solution Logs and solution All Standard Simulator Solution Logs and solution records must be retained by the facility for a records must be retained by the facility for a

minimum of minimum of 5 years5 years

Rev 3.09 2A-28

Part 5: ReservedPart 5: Reserved

Part 5 is reserved for future use when rules Part 5 is reserved for future use when rules are required for replacement are required for replacement instrumentationinstrumentation

Rev 3.09 2A-29

Part 6: Certification Requirements for Part 6: Certification Requirements for Forensic Toxicology LaboratoriesForensic Toxicology Laboratories

Laboratories performing forensic Laboratories performing forensic toxicology testing must be certified by the toxicology testing must be certified by the Colorado Department of Health and Colorado Department of Health and Environment Certification ProgramEnvironment Certification Program

Laboratories must meet the requirements Laboratories must meet the requirements in these rules in order to be certifiedin these rules in order to be certified

Laboratories are certified to performLaboratories are certified to perform Blood Alcohol TestingBlood Alcohol Testing Blood Drug TestingBlood Drug Testing Urine Drug TestingUrine Drug Testing Post Mortem TestingPost Mortem Testing

Rev 3.09 2A-30

Part 7: Blood Forensic Toxicology – Part 7: Blood Forensic Toxicology – Collection and Testing RequirementsCollection and Testing Requirements

Blood specimens must be collected in the presence Blood specimens must be collected in the presence of the arresting officer or other responsible person of the arresting officer or other responsible person who can authenticate the specimenswho can authenticate the specimens

Can be collected by medical personnel trained to Can be collected by medical personnel trained to perform phlebotomy proceduresperform phlebotomy procedures

The venipuncture site must NOT be cleaned with The venipuncture site must NOT be cleaned with alcohol or other phenolic solutionsalcohol or other phenolic solutions

Samples must be affixed with proper identification Samples must be affixed with proper identification and evidence sealand evidence seal

After collection, samples must be refrigerated at After collection, samples must be refrigerated at less than 8 degrees Centigrade or frozen and must less than 8 degrees Centigrade or frozen and must be shipped within 7 days of collection to a certified be shipped within 7 days of collection to a certified laboratory for testinglaboratory for testing

Rev 3.09 2A-31

Part 8: Urine Forensic Toxicology - Part 8: Urine Forensic Toxicology - Collection and Testing RequirementsCollection and Testing Requirements

Urine samples must be collected by Urine samples must be collected by personnel who can authenticate the personnel who can authenticate the specimen(s)specimen(s)

Urine samples must be collected in a clean, Urine samples must be collected in a clean, sterile containersterile container

Samples must be affixed with proper Samples must be affixed with proper identification and evidence sealidentification and evidence seal

After collection, samples must be After collection, samples must be refrigerated at less than 8 degrees refrigerated at less than 8 degrees Centigrade or frozen and must be shipped Centigrade or frozen and must be shipped within 7 days of collection to a certified within 7 days of collection to a certified laboratory for testinglaboratory for testing

Rev 3.09 2A-32

Part 9: Post Mortem Forensic Part 9: Post Mortem Forensic Toxicology – Collection and Testing Toxicology – Collection and Testing

RequirementsRequirements

Post mortem samples must be collected by Post mortem samples must be collected by personnel who’s training and normal duties personnel who’s training and normal duties include the collection of blood specimens include the collection of blood specimens from deceased persons, and these samples from deceased persons, and these samples must be tested at a certified laboratory must be tested at a certified laboratory

The testing of samples of blood or other The testing of samples of blood or other bodily substances from the bodies of pilots bodily substances from the bodies of pilots in command, motorboat or sailboat in command, motorboat or sailboat operators in command, or drivers and operators in command, or drivers and pedestrians fifteen years of age or older pedestrians fifteen years of age or older who die within four hours after who die within four hours after involvement in a crash involving a motor involvement in a crash involving a motor vehicle, a motorboat, a sailboat or an vehicle, a motorboat, a sailboat or an aircraft must be collected and tested at a aircraft must be collected and tested at a certified laboratorycertified laboratory

Rev 3.09 2A-33


It is a violation to perform testing without an appropriate certificate

Violation may result in denial, suspension or revocation of certification

Violation will not be cited if:

– Unavoidable to prevent loss of life, personal injury, severe damage or there were no alternatives

– Proper notification was given to CDPHE

– Beyond control of facility or laboratory

Rev 3.09 2A-34


Right to appeal the denial, suspension or revocation of certification

– Any facility, laboratory, operator or instructor whose certification is denied, suspended or revoked may seek appeal pursuant to section 24-4-105, C.R.S. (2006)

Rev 3.09 2A-35


Denial, Suspension or Revocation of Certification

– Falsification of data or other deceptive practices

– False statements by omission or commission relevant to the certification process

– Gross incompetence or negligent practice

– Willful or repeated violation of any lawful rule, regulation or order of CDPHE or the Board of Health or its officers

– Inadequate space, equipment or methods utilized for testing

Rev 3.09 2A-36


Denial, Suspension or Revocation of Certification (Continued)

– Submission of any test results of another person as those of the subject being evaluated

– For a laboratory, failure to continuously participate in proficiency testing

– For a laboratory, two consecutive “unsatisfactory” evaluations or failure in 2 of any three consecutive Proficiency Testing (PT) events

– For a laboratory, contact with another laboratory concerning PT results prior to due date for those results

Injunction

– Department may seek an injunction for failure to comply with these rules and regulations

Rev 3.09 2A-37

•Internet address for the EBAT Program: http://www.cdphe.state.co.us/lr/Certification/EBAT.htm

•Rules & Regulations: http://www.cdphe.state.co.us/regulations/labregs/100502alcoholdrugtesting.pdf

•For Latest Fact Sheet Data use: http://www.nhtsa.dot.gov/people/ncsa/factshet.html

Web SitesWeb Sites

Rev 3.09 2A-38

QUESTIONS?

rev 3.092a-1 state board of health rules pertaining to testing for alcohol and other drugs 5 ccr...

Documents

testing requirements

certification requirements

blood alcohol

drug testing

consumption of alcohol

testing procedures

post mortem testing

excessive alcohol content