(a) A laboratory meets the qualifications to perform forensic alcohol analysis by:
(1) Maintaining a quality control program in forensic alcohol analysis procedures as specified in Section 1220.3;
(2) Meeting the proficiency testing requirements specified in Health and Safety Code Section 100702. Laboratories shall direct approved providers to submit all external proficiency test results as required by Health and Safety Code Section 100702 to the Department. The laboratories shall submit, at a minimum, one test per analyst per year. In addition, laboratory staff shall provide the Department any documentation pertaining to corrective actions with respect to proficiency tests.
(b) A trained forensic alcohol analyst is a person who meets the following qualifications:
(1) Possesses a baccalaureate or higher degree in a life science or physical science.
(2) Has two years of analytical experience performing alcohol analysis, and experience in interpreting and correlating the demeanor and behavior of persons who have ingested known amounts of alcohol, or satisfactorily completes a training course approved by the laboratory of employment, such training course to include at minimum the following schedule of subjects:
(A) Value and purpose of forensic alcohol analysis;
(B) Physiological action of alcohol;
(C) Pharmacology and toxicology of alcohol;
(D) Laboratory methods of forensic alcohol analysis;
(E) Instruments and procedures for breath alcohol testing;
(F) Practical laboratory demonstration of the trainee's ability to successfully perform forensic alcohol analysis;
(G) Interpretation of results of alcohol analysis, including correlation of alcohol analyses with subjective observations of the demeanor and behavior of persons who have ingested known amounts of alcohol;
(H) Court testimony;
(I) Court decisions regarding chemical tests of alcohol to determine alcohol influence; and
(J) Requirements of these Group 8 regulations.
(3) At a minimum, has successfully completed a competency test comprised of at least 4 samples that must:
(A) Have differing, predetermined values;
(B) Range from 0 to 0.25 percent alcohol concentration;
(C) Have values unknown to the test taker; and
(D) Be analyzed utilizing the laboratory's forensic alcohol method.
(E) Results must fall within plus or minus 5 percent of the known value if the value is at 0.100% or higher. If the value is lower than 0.100%, the result must be within plus or minus 0.005.
(4) Persons who have completed 1216.1(b)(2)(A), (D), (F), and 1216.1(b)(3) may conduct analysis of samples for the purpose of determining alcohol concentration.
(5) The qualification requirements set forth in subdivisions (b)(1), (b)(2), and (b)(3) shall not apply to persons who were qualified by the Department as a forensic alcohol analyst prior to January 1, 2016.
(c) Every laboratory performing forensic alcohol analysis shall provide to the Department the following for each newly trained forensic analyst:
(1) A copy of the diploma(s) or transcripts of relevant education. The relevant education includes proof of a baccalaureate or higher degree in any life science or physical science.
(2) A training summary of the topics outlined in 1216.1(b)(2) with a completion date for each individual performing forensic alcohol analysis for the laboratory;
(3) Copies of any qualifying tests for each individual performing forensic alcohol analysis for the laboratory;
(4) Proof of completion of a competency test which follows the requirements articulated in 1216.1(b)(3) for each individual performing forensic alcohol analysis for the laboratory;
(5) Written notification to the Department alerting it that the individual has successfully completed the training outlined in 1216.1(b)(4), prior to beginning testing.
(d) Every laboratory performing forensic alcohol analysis shall provide to the Department proof of completion of a proficiency test as outlined in 1216.1(a)(2) for each analyst performing forensic alcohol analysis for the laboratory.
Credits
Note: Authority cited: Section 100703, Health and Safety Code. Reference: Sections 100700 and 100702, Health and Safety Code.
History
1. Amendment of subsection (c)(1) filed 10-9-70; effective thirtieth day thereafter (Register 70, No. 41).
2. Amendment of subsection (b)(2) filed 8-2-72; effective thirtieth day thereafter (Register 72, No. 32).
