Statutes, codes, and regulations
Kansas Administrative Code
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 32 - TESTING HUMAN BREATH FOR LAW ENFORCEMENT PURPOSES
Section 28-32-14 - Preliminary breath-screening test devices

Kan. Admin. Regs. § 28-32-14

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Current through Register Vol. 44, No. 2, January 9, 2025
Section 28-32-14 - Preliminary breath-screening test devices
(a) Each preliminary breath-screening test conducted shall be performed on a preliminary breathscreening test device approved by the secretary. The devices approved for use as preliminary breath-screening test devices in Kansas shall consist of the following devices and any other device approved by the secretary as specified in subsection (b):

Manufacturer Model

Alcohol Countermeasure Systems Corp. Alert J5

CMI, Inc. Intoxilyzer 300

CMI, Inc. Intoxilyzer 400

CMI, Inc. Intoxilyzer S-D2

CMI, Inc. Intoxilyzer S-D5

Draeger Safety, Inc. Alcotest 6510

Draeger Safety, Inc. Alcotest 6810

Draeger Safety, Inc. Breathalyzer 7410

Guth Laboratories, Inc. WAT89EC-1

Guth Laboratories, Inc. Alcotector BAC-100

Intoximeters, Inc. Alco-Sensor

Intoximeters, Inc. Alco-Sensor Pass-Warn-Fail

Intoximeters, Inc. Alco-Sensor III

Intoximeters, Inc. Alco-Sensor Digital

Intoximeters, Inc. Alco-Sensor IV Digital

Intoximeters, Inc. Alco-Sensor IV Pass-Warn-Fail

Intoximeters, Inc. Alco-Sensor FST

Lifeloc Technologies, Inc. FC10

Lifeloc Technologies, Inc. FC10Plus

Lifeloc Technologies, Inc. FC20

Lifeloc Technologies, Inc. PBA 3000

Sound-Off, Inc. Alco Data

(b) Each agency custodian seeking to use a preliminary breath-screening test device that is not specified in subsection (a) shall submit the device to the secretary for examination and evaluation to determine if the device meets the criteria for approval. In order for a preliminary breath-screening test device to be approved, whether the device meets the following requirements shall be determined by the secretary:
(1) Each preliminary breath-screening test device shall meet the manufacturer's performance criteria when operated according to the procedures specified in the manufacturer's instruction manual for the device in use.
(2) Each reusable preliminary breath-screening test device shall have a disposable mouthpiece.
(c) Each approved preliminary breath-screening test device shall be operated according to the procedures specified in the manufacturer's instruction manual for the device in use.
(d) All training of preliminary breath-screening test device operators shall be the responsibility of each agency. All training shall follow the operational instructions supplied by the manufacturer for the device in use.

Kan. Admin. Regs. § 28-32-14

Authorized by and implementing K.S.A. 2006 Supp. 65-1,107; effective March 14, 2008.