1. (1) Permits to conduct blood alcohol analyses shall remain valid until otherwise suspended or revoked by the Department.

2. (2) In order to remain qualified for such permit, an analyst must satisfactorily determine the blood alcohol level of one proficiency test containing two samples annually using a Department approved procedure.

   1. (a) The laboratory must use a proficiency test provider that is ISO/IEC 17043 or similarly accredited and has the applicable proficiency test on its scope of accreditation.
   2. (b) Results will be deemed satisfactory if they fall within the expected range indicated by the proficiency test provider or results within the calculated proficiency sample mean + or – 3 standard deviations.
3. (3) The laboratory must provide the Department with all proficiency test results for permitted analysts within 30 days of receipt from the proficiency test provider.

4. (4) Upon notification that an analyst has failed to satisfactorily determine the blood alcohol level on a proficiency test, the analyst shall not perform any duties authorized by the analyst’s permit. For the analyst to resume conducting permitted duties the following must occur:

   1. (a) The laboratory will review the unsatisfactory result, determine a cause, and take actions to remediate the cause.
   2. (b) Remediation must include a requirement for the analyst to successfully complete a competency test as outlined in subparagraph 11D-8.013(2)(a)6., F.A.C.
   3. (c) Documentation of successful remediation will be provided to the Department.
   4. (d) The Department will review the remediation documentation, determine if the analyst’s permit remains valid, and provide notification of this decision to the laboratory.
5. (5) Failure to satisfactorily determine the blood alcohol level of two (2) proficiency test in a row shall result in revocation of the blood analyst permit. If the permit is revoked for this reason, the analyst may reapply for a new permit no sooner than 12 months following the date of revocation.

Rulemaking Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 11-5-02, 5-29-14, 7-17-25, 7-1-26.