CHAPTER Saf-C 9000 BREATH
ALCOHOL PROCEDURE USING THE INTOXILYZER 9000 INSTRUMENT
PART Saf-C 9001 SCOPE
Saf-C 9001.01 Applicability.
This chapter shall apply to all breath
alcohol procedures using the Intoxilyzer 9000
instrument for persons submitting to a breath test.
Source. #12556, eff 6-21-18
PART Saf-C 9002 DEFINITIONS
Saf-C 9002.01 “Accuracy”
means the closeness of the test result to the true or expected result.
Source. #12556, eff 6-21-18
Saf-C 9002.02 “Acetone”
means dimethylketone, a volatile chemical which can
be found in the blood, urine, or breath of a person under certain metabolic
conditions such as diabetes.
Source. #12556, eff 6-21-18
Saf-C 9002.03 “Additional
test” means a blood sample drawn and a blood test made at the request, and
expense, of an individual who submits to an infrared molecular absorption test.
Source. #12556, eff 6-21-18
Saf-C 9002.04 “Alcohol”
means “intoxicating liquors” as defined in RSA 21:33.
Source. #12556, eff 6-21-18
Saf-C 9002.05 “Alcohol
concentration” means grams of alcohol per 210 liters of breath (g/210L) as
defined in RSA 259:3-b.
Source. #12556, eff 6-21-18
Saf-C 9002.06 “Alveolar
air” means that portion of a breath sample submitted which is nearest in
exchange between the lungs and the blood, the last portion of a maximal
expiration.
Source. #12556, eff 6-21-18
Saf-C 9002.07 “Approval”
means a statement of authorization signed by the commissioner.
Source. #12556, eff 6-21-18
Saf-C 9002.08 “Approved course of training” means a course
of instruction approved by the commissioner for proper operation of the breath
test instrument.
Source. #12556, eff 6-21-18
Saf-C 9002.09 “Approved
instrument” means the Intoxilyzer 9000.
Source. #12556, eff 6-21-18
Saf-C 9002.10 “Breath test operator” means an individual
who has completed the eligibility requirements in Saf-C
9004.02.
Source. #12556, eff 6-21-18
Saf-C 9002.11 “Certification
of breath test operator” means a 12-month period in which a law enforcement
officer, who meets the requirements of Saf-C 9004.02,
is authorized to conduct an analysis of a person’s breath for the purposes
of determining its alcohol
concentration.
Source. #12556, eff 6-21-18
Saf-C 9002.12 “Certification
of equipment” means a 6-month interval in which the accuracy and precision of a
breath test instrument have been verified by the forensic breath testing
supervisor.
Source. #12556, eff 6-21-18
Saf-C 9002.13 “Commissioner”
means the commissioner of the department of safety or his or her designee.
Source. #12556, eff 6-21-18
Saf-C 9002.14 “Department”
means the department of safety.
Source. #12556, eff 6-21-18
Saf-C 9002.15 “External
standard reference” means a reference material used to verify the accuracy of
the approved instrument.
Source. #12556, eff 6-21-18
Saf-C 9002.16 “Field”
means a police department or law enforcement agency located within the state of
New Hampshire.
Source. #12556, eff 6-21-18
Saf-C 9002.17 “Forensic
breath testing supervisor” means an individual who is authorized by the
commissioner and has met the requirements of Saf-C 9004.01.
Source. #12556, eff 6-21-18
Saf-C 9002.18 “Gas
chromatography” means a method of analysis in which a sample is injected into a
stream of carrier gas moving through a column containing a stationary phase
composed of a liquid or particulate solid.
The sample is then separated into its component compounds according to
their affinity for the stationary phase.
Source. #12556, eff 6-21-18
Saf-C 9002.19 “Internal
standard” means a substance which is added to the sample vial in a known
concentration, which is chemically similar to the analyte
being determined and against which the analyte can be measured.
Source. #12556, eff 6-21-18
Saf-C 9002.20 “Internal
standard reference” means an automatic check conducted by the approved
instrument to determine the readiness of that instrument to analyze a sample of
breath.
Source. #12556, eff 6-21-18
Saf-C 9002.21 “Laboratory”
means the state police forensic science laboratory or
a laboratory accredited pursuant to RSA 265-A:5,V and Saf-C
9006.01.
Source. #12556, eff 6-21-18
Saf-C 9002.22 “Modification”
means an alteration to the approved instrument affecting the accuracy or
precision of the breath test.
Source. #12556, eff 6-21-18
Saf-C 9002.23 “Precision”
means a measure of the agreement between replicate tests.
Source. #12556, eff 6-21-18
Saf-C 9002.24 “Preventive
maintenance check” means a scheduled or routine maintenance performed on the
approved instrument to ensure its continued accuracy and precision.
Source. #12556, eff 6-21-18
Saf-C 9002.25 “Recertifying
supervisor” means a breath test operator, authorized by the commissioner, who
has met the eligibility requirements in Saf-C 9004.02.
Source. #12556, eff 6-21-18
Saf-C 9002.26 “Reference
material” means a sample of ethanol at a known concentration.
Source. #12556, eff 6-21-18
Saf-C 9002.27 “Repairs”
means an adjustment or replacement of parts or components to return the
equipment to proper operating condition.
Source. #12556, eff 6-21-18
Saf-C 9002.28 “Subject
sample” means a sample of alveolar air, given by a person being tested to
determine a breath alcohol concentration.
Source. #12556, eff 6-21-18
PART Saf-C 9003 EQUIPMENT
Saf-C 9003.01 Approval
of Equipment.
(a) The commissioner shall approve the breath
test instrument by make and model in accordance with (b) below. Pursuant to RSA 265-A:5, IV, breath tests
conducted on an approved instrument to determine the alcohol concentration of
one’s breath shall be offered for evidentiary purposes when performed by
certified personnel in accordance with procedures established in Saf-C 9004.02.
(b) The following criteria shall be used by the
commissioner for approval of the breath test instrument:
(1) Breath
samples collected for analysis shall be alveolar in composition;
(2) The
instrument shall be capable of analyzing a series of reference materials;
(3) The
instrument shall be capable of performing an internal standard reference check;
and
(4) The
instrument shall be identified on the “Conforming Products List” by the
National Highway Traffic Safety Administration as an “Evidential Breath
Measurement Device.”
(c) Any approved instrument submitted to the
manufacturer for modification or repair shall be returned to the forensic
science laboratory upon completion of servicing and shall pass a preventive
maintenance check in accordance with Saf-C 9003.04
prior to returning the approved instrument to the field.
Source. #12556, eff 6-21-18
Saf-C 9003.02 Sample
Collection.
(a) All breath samples shall be alveolar air and
shall be collected at the direction of the breath test operator.
(b) Immediately prior to testing, the subject
shall be observed by a breath test operator for a period of 20 minutes to
ensure the integrity of the sample.
Prior to the observation period, the breath test operator shall inform
the subject not to place any material in his or her mouth. Should vomiting, regurgitation or belching occur or any external material enter the mouth of the person
to be examined, an additional 20-minute wait period shall occur, before
testing. Should the breath test operator
determine that the subject is not complying with the requirements of this
paragraph or (d) below at any point during the testing process, or the subject decides
not to complete the sampling requirements in (d), the breath test operator
shall stop the test and record the test as a refusal pursuant RSA 265-A:8.
(c) The breath test operator shall record and
shall print out on the test record the identification of the subject, the name
of the breath test operator, and the date and time of the sample
collection. The test record shall also
include identification of the approved instrument used to conduct the test,
including make, model, serial number, and field location.
(d) A minimum of 2 subject samples shall be
collected for each complete breath test.
If the alcohol concentration readings of the first 2 samples do not
agree within +/- 0.020 g/210L, a third subject sample shall be collected.
(e) A reported value shall be printed on the test
record following:
(1) A 20-minute
observation period before the initial sample is taken;
(2) The
identification of the subject, breath test operator, and instrument;
(3) An ambient
or room air check performed by the approved instrument;
(4) A
diagnostic test performed by the approved instrument;
(5) An internal
standard reference check performed by the approved instrument in accordance
with (g) below;
(6) The
satisfactory collection of a minimum of 2 subject samples which agree with +/-
0.020 g/210L;
(7) An external
standard reference check performed by the approved instrument in accordance
with (h) below; and
(8) The
printout of test results and required information.
(f) During the testing process there shall be 2
reference checks on the approved instrument.
(g) The internal standard reference check shall
be conducted with each subject test performed on the approved instrument. The result
of the internal reference check shall give a reading on the approved instrument
of no less than 0.090 g/210L nor greater than 0.109 g/210L. The approved instrument shall terminate the
test if the internal standard reference result is not within the acceptable
range.
(h) An external standard reference check shall be
conducted with each subject test performed on the approved instrument. The external standard reference check shall
consist of a reference material that will produce an alcohol concentration reading
on the approved instrument of no less than 0.090 g/210L nor greater than 0.109
g/210L. The approved instrument shall terminate
the test if the external standard reference result is not within the acceptable
range.
Source. #12556, eff 6-21-18
Saf-C 9003.03 Reporting
of Findings.
(a) The reported value shall be printed on the
breath test record and shall be reported to the second decimal place without
rounding.
(b) The reported value shall be printed when a
breath test is completed in accordance with Saf-C 9003.02(e)
above.
(c) The reported value shall be the lower of the
2 values which are within +/- 0.020 g/210L agreement.
(d) Breath test results shall be expressed as
grams of alcohol per 210 liters.
Source. #12556, eff 6-21-18
Saf-C 9003.04 Preventive
Maintenance-Equipment.
(a) The forensic breath testing supervisor shall
conduct a preventive maintenance on each approved instrument at 6-month
intervals after the initial check.
(b) A preventive maintenance check pursuant to
RSA 265-A:12, II shall include:
(1) Analysis of
a series of reference materials, to verify the accuracy and precision of the
approved instrument which shall meet the following criteria:
a. For known
alcohol concentrations less than 0.100 g/210L:
1. The accuracy
of the readings shall deviate no more than +/- 0.005 g/210L from the known
alcohol concentration; and
2. The total
precision range of the readings shall not exceed 0.005 g/210L; and
b. For known
alcohol concentrations equal to or greater than 0.100 g/210L:
1. The accuracy of the readings shall be within +/- 5%
of the known alcohol concentration; and
2. The total
precision range of the readings shall not exceed 5% of the target value;
(2) Verification
of the approved instrument’s ability to detect acetone;
(3) Performance
of routine maintenance on the approved instrument as necessary to maintain
proper analytical functions; and
(4)
Documentation of maintenance performed on each approved instrument at
the time of service.
(c) Once the requirements of (b)(1)-(4) are
completed, the forensic breath testing supervisor shall sign the Preventative
Maintenance Check Form certifying that he or she has completed the preventative
maintenance check on the instrument and that the instrument was found to be in
proper working order, pursuant to RSA 265-A:12, II.
(d) The forensic breath testing supervisor shall
complete the preventive maintenance check form by providing the following:
(1) Results of reference
material analyses listed by lot number;
(2) Results of
acetone detection verification;
(3) The
approved instrument by make, model, and serial number;
(4) The field
location of the approved instrument;
(5) The date of
certification and expiration; and
(6) That the forensic breath testing supervisor has
found the approved instrument to be in proper working order and meets the
preventive maintenance requirements as outlined in (b) above and RSA 265-A:12,
II.
(e) Repairs performed on the approved instrument
shall be documented and kept on file at the forensic science laboratory. The approved instrument shall be required to
pass a preventive maintenance check if the repair affects the accuracy or
precision of the breath test.
Source. #12556, eff 6-21-18
PART Saf-C 9004 QUALIFICATIONS OF INDIVIDUALS CONDUCTING
TESTS
Saf-C 9004.01 Forensic
Breath Testing Supervisor.
(a) Pursuant to RSA 265-A:5, the commissioner
shall designate a forensic breath testing supervisor as competent and qualified
to conduct such breath tests.
(b) To be considered for designation as a
forensic breath testing supervisor, an applicant shall meet the following
requirements:
(1) The minimum
qualifications under division of personnel position classification requirements
as a laboratory scientist, a criminalist, or a toxicologist; and
(2) Completion
of the manufacturer’s equipment maintenance course for the approved instrument.
(c) Upon designation by the commissioner, the
forensic breath testing supervisor shall perform the following duties:
(1) Performing
preventive maintenance on the approved instrument;
(2) Certifying the accuracy and precision of the
approved instrument as required in Saf-C 9003.04;
(3) Training
and recertify breath test operators and recertifying supervisors; and
(4) Evaluating
new breath test instruments, as necessary, following the criteria for approval
in accordance with Saf-C 9003.01(b).
Source. #12556, eff 6-21-18
Saf-C 9004.02 Breath
Test Operator/Recertifying Supervisor.
(a) Personnel certified by the commissioner,
pursuant to RSA 265-A:5, V, shall be designated as a breath test operator or as
a recertifying supervisor.
(b) Criteria for breath test operators and
recertifying supervisors shall be as follows:
(1) To be
eligible for training as a breath test operator of the approved instrument, for
purposes of RSA 265-A:4, the applicant shall be currently employed as a law
enforcement official within the state of New Hampshire; and
(2) To be
eligible as a recertifying supervisor:
a. The
applicant shall meet the eligibility requirements in (1) above;
b. The applicant
shall have taken and passed an approved course of training as outlined in (f) below;
c. The
applicant shall be currently certified as a breath test operator;
d. The
applicant shall have experience in conducting breath tests by:
1. Maintaining
the certification in accordance with (k) below for a period of not less than
one year; and
2. Conducting a
minimum of 10 breath tests in accordance with Saf-C
9003.02.
(c) A breath test operator who has met the
eligibility requirements of (b) above and has passed the approved course of
training as outlined in (f) below shall be approved by the commissioner to
conduct breath tests pursuant to RSA 265-A:5.
(d) A recertifying supervisor who has met the
eligibility requirements of (b)(2) above shall perform the following duties:
(1) Conducting
breath tests pursuant to RSA 265-A:5;
(2) Recertifying breath test operators within his or
her own agency in accordance with (j)
below; and
(3) Assisting
the forensic breath testing supervisor in the training of breath test
operators.
(e) Recertifying supervisors shall not perform
preventive maintenance on equipment.
(f) The course of training shall cover the
following subject matter:
(1) The value and purpose of breath alcohol testing;
(2) The
physiological action of alcohol on the human body;
(3) The
pharmacology and toxicology of alcohol;
(4) The methods
of alcohol analysis and theory of breath testing;
(5) The instruments and procedures for breath testing;
(6) Laboratory
practice and demonstration of competency by:
a. Using proper
technique in collecting a sample; and
b. Following
established operating and reporting procedures; and
(7) Legal
procedures and decisions affecting breath testing.
(g) A comprehensive practical and written
examination shall be developed and administered by the forensic breath testing
supervisor at the completion of the course.
(h) A certificate shall be issued to the breath
test operator by the agency sponsoring the course of training. This certificate of training shall be
submitted to the commissioner when applying for certification as a breath test
operator.
(i) A breath test
operator or recertifying supervisor certification shall be valid for a period
of 12 months from date of issue unless revoked.
(j) A breath test operator shall renew his or her
certification prior to its expiration through:
(1)
Demonstration of competence in performing an analysis under the supervision of a forensic breath
testing supervisor or recertifying supervisor by:
a. Using proper technique in collecting a
sample; and
b. Following
established operating and reporting procedures; and
(2) Completion
of a review course provided by the
department which shall include:
a. Instrument
operating and sampling technique;
b. Analysis and
reporting procedures; and
c. Procedural
changes and legal decisions affecting breath testing.
(k) A certified recertifying supervisor shall
renew his or her certification prior to its expiration through:
(1)
Demonstration of competence in performing an analysis under the supervision
of a forensic breath testing supervisor by:
a. Using proper technique in collecting a
sample; and
b. Following
established operating and reporting
procedures; and
(2) Completion
of a review course provided by the department which shall include:
a. Instrument
operating and sampling technique;
b. Analysis and
reporting procedures; and
c. Procedural
changes and legal decisions affecting breath testing.
(l) Reinstatement of breath test operators and
recertifying supervisors shall be as follows:
(1) A breath
test operator's certification shall be reinstated by the forensic breath
testing supervisor or recertifying supervisor if he or she meets the
requirements of (j) above within one year from the date of expiration; and
(2) A
recertifying supervisor's certification shall be reinstated by the forensic
breath testing supervisor if he or she meets the requirements of (k) above
within one year from the date of expiration.
(m) A breath test operator's or recertifying
supervisor's certification shall remain valid unless expired or revoked after
notice and opportunity for a hearing for
any of the following reasons:
(1) Failure to
follow the operating procedure for
the approved instrument in accordance with
Saf-C 9003.02;
(2) Failure to
follow the procedure for reporting and keeping of records;
(3) Failure to
renew certification within a 12-month period prior to expiration;
(4) Termination
of employment as a law enforcement official at any time during the 12-month
certification period, except for those individuals transferring from one law
enforcement agency to another within the state of New Hampshire; and
(5) Failure to
become reinstated after a period of one year from expiration of their last
certification.
(n) To become certified again, the former breath
test operator or recertifying supervisor shall attend and complete an approved
course of training as described in (f) above.
(o) A
breath test operator or recertifying supervisor's certification shall be
revoked upon recommendation by the forensic breath testing supervisor in
accordance with (m)(1) and (2) above.
Notification of this revocation shall be forwarded to the breath test
operator or recertifying supervisor by the commissioner by certified mail.
Source. #12556, eff 6-21-18
PART Saf-C 9005 ADDITIONAL TEST
Saf-C 9005.01 Additional Test.
(a) Pursuant to RSA 265-A:7, III, a person who
submits to an infrared molecular absorption test at the request of a law
enforcement officer shall have the right at his or her own expense to have a
blood sample drawn and a blood test made by a person of his or her own choosing
who is competent to conduct the tests, as determined by the commissioner under
RSA 265-A:5. The person
shall be so informed by the law enforcement officer at the same time as the
person is requested to permit a test under the provisions of RSA 265-A:4. After the person submits to the infrared
molecular absorption test and the test is completed, the person shall also be
provided contact information for individuals and the nearest facilities who
make themselves available to draw and test blood.
(b) If an individual who submits to an infrared
molecular absorption test requests an additional test, as outlined in RSA
265-A:7, III, and (a) above, the law enforcement officer shall provide the
individual with form DSSP 428, “Request for Additional Test”, revised 07/21 and
a collection kit. The law enforcement
officer shall witness the individual affix his or her signature, and the date
on form DSSP 428 as evidence of his or her request and permission for a blood
sample to be drawn. The law enforcement
officer shall affix his or her signature, date, and time next to the
individual’s signature on form DSSP 428.
(c) If an individual waives the right for an
additional test pursuant to RSA 265-A:7, the law enforcement officer shall
witness the individual affix his or signature, and the date on form DSSP 428 as
evidence of his or her waiver of the additional test. The law enforcement officer shall affix his
or her signature, date, and time next to the individual’s signature on form
DSSP 428.
(d) After an individual signs form DSSP 428 evidencing
permission pursuant to (b) above, or waiver pursuant to (c) above, the law
enforcement officer shall retain the copy of form DSSP 428 marked “Police”.
(e) Any blood sample drawn or tested pursuant to
RSA 265-A:7, III, shall be collected and tested in accordance with these rules.
(f) Upon the disbursement of the additional test
collection kit by the law enforcement officer, he or she shall complete the
pre-labeled, postage paid invoice postcard with the individual’s name, address
and telephone number and deposit it in the mail to the state police forensic
laboratory.
Source. #12556, eff 6-21-18; amd by #12918,
INTERIM, eff 11-21-19, EXPIRES: 5-19-20; amd by
#12959, eff 12-23-19
9005.02 Additional Test Collection Kit.
(a) The department shall distribute to law
enforcement agencies the kits used for collection of an additional test.
(b) The kit used for collection of an additional
test of an individual shall be provided to the blood draw personnel by the individual,
or the law enforcement agency.
(c) The kit shall include:
(1) A
commercially available gray top evacuation tube containing a preservative of
sodium fluoride and an anticoagulant of potassium oxalate;
(2) Instruction
sheet and FDA insert;
(3) Blood tube
protector insert;
(4) 20g x 1
1/2” multi-sample needle;
(5) Venipuncture
tube and needle holder;
(6) Alcohol-free
PVP prep pad;
(7) Red
evidence label;
(8) Ziplock bag
containing one liquid absorbing sheet;
(9) Nitrile gloves;
(10) A
pre-labeled and postage paid mailer; and
(11) A
pre-labeled and postage paid invoice postcard.
(d) An unexpired gray top tube from another source
may be substituted by the blood draw personnel if the collection container has
an expiration date that has passed.
Source. #12556, eff 6-21-18
Saf-C 9005.03 Collection
of Additional Test.
(a) Pursuant to RSA 265-A:5, I, only a duly
licensed physician, registered nurse, certified physician’s assistant,
phlebotomist, or qualified medical technician or medical technologist acting at
the request of an individual seeking a test of his or her own blood may withdraw
blood for the purpose of a test required by RSA 265-A:4.
(b) The blood draw personnel shall confirm the
individual has authorized permission for the blood draw by reviewing form DSSP
428 for the individual’s signature, in accordance with Saf-C
9005.01(b).
(c) The blood draw personnel shall follow its
normal blood draw protocol, using a non-alcoholic cleanser and the blood tube
provided in the collection kit.
(d) Once the additional test has been collected,
the blood draw personnel shall complete the following on form DSSP 428, “Request
for Additional Test”, revised 07/21:
(1) Date of collection;
(2) Time of collection;
(3) Name of the
blood draw personnel who collected the blood sample; and
(4) The
facility where the blood was collected.
(e) The blood draw personnel shall retain the
copy of form DSSP 428, “Request for Additional Test” form, revised 07/21,
marked “Phlebotomy”, and provide the individual with a copy of DSSP 428 marked
“Subject”.
(f) The blood draw personnel shall take these
steps in the following order:
(1) Invert the
tube several times and return it to the original cardboard blood tube protector;
(2) Seal the
blood tube protector where indicated with the red
evidence label, and initial and date the seal;
(3) Place the
sealed box into the ziplock bag enclosed with the kit,
and close;
(4) Place the
completed original laboratory copy of DSSP 428, “Request for Additional Test”
form, revised 07/21, along with the bag containing the blood sample into the cardboard
mailer and seal with the remaining red evidence label, initial and date the
seal; and
(5) Mail the
kit to the:
New Hampshire State Police Forensic Laboratory
Attention: Additional Test
33 Hazen Drive
Concord, NH 03305
Source. #12556, eff 6-21-18
Saf-C 9005.04 Additional
Test Submission. Once an additional
test taken pursuant to RSA 265-A:7 is submitted to the forensic science laboratory,
the department shall hold it for 30 calendar days following receipt in the
laboratory.
Source. #12556, eff 6-21-18
Saf-C 9005.05 Fee.
(a) Any individual that requests an additional
test shall be responsible for payment of the administrative fee of $15.00 for
the additional test kit.
(b) Payment may be by credit card at the
department, or by mailing a check or money order along with the individual’s
name, address and date of additional test draw to:
New Hampshire State Police Forensic Laboratory
Attention: Additional Test
33 Hazen Drive
Concord, NH 03305
Source. #12556, eff 6-21-18
Saf-C 9005.06 Release
of Additional Test for Independent Testing.
(a) An additional test held at the forensic science laboratory shall
be released to the individual whose blood was collected in person at the
forensic science laboratory during normal work hours when the individual:
(1) Presents
positive proof of identification to consist of a photographic identification with
signature, such as a driver’s license;
(2) Provides
the information in Saf-C
9005.07(a)(1)-(4) on form DSSP 324, “Sample Release Form”, effective November, 2016; and
(3) Pays the
administrative fee, pursuant to Saf-C 9005.05.
(b) Counsel for the individual whose blood was
collected may obtain the additional test in-hand by:
(1) Showing
proof of representation of the individual whose blood was collected by providing
the department with:
a. A letter on
the firm’s stationary signed by counsel indicating he or she represents the
individual; or
b. A copy of
counsel’s appearance form filed with the court;
(2) Presenting
positive proof of identification to consist of a photographic identification
with signature, such as a driver’s license;
(3) Providing
the information in Saf-C 9005.07(a)(1)-(4) “Sample Release
Form”, DSSP 324, effective November 2016; and
(4) Payment of
administration fee pursuant to Saf-C 9005.05.
(c) A person designated by counsel may obtain the
additional test in hand by:
(1) Submitting
a letter on the firm’s stationary signed by counsel that includes the following
statements:
a. Counsel
represents the individual;
b. The name of
the person designated by counsel to pick up the additional test; and
c. A statement
by counsel designating the person named in (b) as an employee of the firm and
authorized to pick up the additional test;
(2) Presenting
positive proof of identification to consist of a photographic identification
with signature, such as a driver’s license;
(3) Providing
the information in Saf-C 9005.07(a)(1)-(4) on the “Sample
Release Form”, DSSP 324, effective November 2016; and
(4) Payment of
administration fee pursuant to Saf-C 9005.05.
Source. #12556, eff 6-21-18
Saf-C 9005.07 Sample Release Form.
(a) The “Sample Release Form”, DSSP 324, effective
November 2016, shall consist of the following information:
(1) The
forensic laboratory number of the additional test;
(2) The name of
the individual that supplied the sample;
(3) Identification
of the person receiving the additional test as either:
a. The individual;
b. Counsel; or
c. The person
designated by counsel;
(4) The name
and signature of the person receiving the additional test;
(5) The type of
personal identification used;
(6) The date
and time of release of additional test to the person identified; and
(7) The name of
the forensic science laboratory employee releasing the sample.
Source. #12556, eff 6-21-18
PART Saf-C 9006 INDEPENDENT LABORATORY ACCREDITATION
Saf-C 9006.01 Laboratory
Accreditation, Independent Analysis. Any laboratory that performs an analysis of an
additional test to determine its alcohol concentration pursuant to RSA 265-A:7,
shall be accredited by a nationally recognized accrediting body pursuant
to RSA 265-A:5, V.
Source. #12556, eff 6-21-18
Saf-C 9006.02 Method
of Analysis of Additional Test by Independent Laboratory.
(a) An independent laboratory shall employ the
following in its analytical method:
(1) Gas
chromatography; and
(2) Internal
standard.
(b) When the result of the breath test is
challenged by the additional test analysis, the independent laboratory shall
provide to the opposing party:
(1) Proof of
the independent laboratory’s accreditation for the period encompassing the date
of analysis;
(2) A copy of
the additional test analysis report;
(3) A copy of
the run log for the day the subject’s additional test was analyzed;
(4) Copies of
the gas chromatograph instrument printouts of the subject’s additional test results;
(5) Copies of
all the gas chromatograph instrument printouts of the blanks, standards, and
controls analyzed on the day the additional test was analyzed; and
(6)
Documentation of any repairs or preventive maintenance performed on the
gas chromatograph instrument within a 2-month period before and after the
analysis of the subject’s additional test.
Source. #12556, eff 6-21-18
APPENDIX
|
Rule |
Specific
State or Federal Statutes or Regulations which the Rule Implements |
|
Saf-C 9001 |
RSA 541-A:7 |
|
Saf-C 9002 |
RSA 541-A:7 |
|
Saf-C 9003.01(a) |
RSA 265-A:5, IV, V; RSA 265-A:12, IV |
|
Saf-C 9003.01(b) – Saf-C 9003.03 |
RSA 265-A:5, V |
|
Saf-C 9003.04(a) – (d) |
RSA 265-A:5, V(f); RSA 265-A:12, II |
|
Saf-C 9003.04(e) |
RSA 265-A:5, V(f) |
|
Saf-C 9004 |
RSA 265-A:5, V(b) |
|
Saf-C 9005.01- Saf-C 9005.06 |
RSA 265-A:5; RSA 265-A:7; RSA 265-A:8, I |
|
Saf-C 9005.07 |
RSA 541-A:19-b |
|
Saf-C 9006.01 |
RSA 265-A:5, V(e) |
|
Saf-C 9006.02(a) |
RSA 265-A:5, V(a) & (e) |
|
Saf-C 9006.02(b) |
RSA 265-A:5, V(d) |