La. Admin. Code tit. 55 § I-559

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-559 - Certification Testing

A. Certification testing is not required for any persons deemed qualified to conduct blood alcohol analysis by their respective laboratory when the laboratory has been accredited and permitted in blood alcohol analysis by the terms set forth in the Louisiana statutory criminal law and procedure, R.S. 32:663.

B. An applicant for certification to perform blood alcohol analysis shall submit for certification testing conducted by the Louisiana State Police crime laboratory.

1. Applicant shall perform analysis on four unknown samples of whole blood at least three of which shall contain ethyl alcohol percentages of between 0.01 grams and 0.40 grams percent. The fourth sample may contain ethyl alcohol within previously stated values, other volatile compounds or a sample free of any volatile compounds.

2. If samples are prepared in-house, the stock solution used to prepare certification testing shall be from a sealed bottle of 200 proof pure anhydrous grade ethyl alcohol diluted to a concentration of 5g/100ml with deionized water. This will then be diluted further with alcohol-free blood to obtain concentrations within the range listed in the previous Section.

3. A sample of each unknown shall be tested and retained by the Louisiana State Police crime laboratory until applicant is certified.

4. The samples will then be sent to each applicant for alcohol analysis.

5. In lieu of Paragraphs 2-4, the applicant may utilize unknown samples purchased from an approved proficiency test provider. The individual laboratory shall possess approval criteria based on their individual laboratorys accreditation requirements.

6. The applicant shall submit the results of analysis, the completed application, the procedure used for analysis, and all paperwork generated in the process of determining the blood alcohol values to the Louisiana State Police crime laboratory.

7. Results must be within a value of +10 percent of known values. In addition, paperwork will be reviewed to determine that all procedures were in compliance with these rules and regulations.

8. After review of all paperwork and if results are within accepted ranges, the applicant will be certified as a blood alcohol analyst and will be issued a blood alcohol analyst certificate. This certificate will be valid for a period of two years.

La. Admin. Code tit. 55, § I-559

Promulgated by the Department of Public Safety and Corrections, Office of State Police, LR 14:361 (June 1988), amended LR 17:676 (July 1991), repromulgated LR 17:799 (August 1991), Amended LR 4496 (1/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:663.