The following terms and abbreviations as used in this article shall have the following meanings, unless the context requires otherwise.
- (a) "Agency" means any law enforcement agency under whose authority evidential breath alcohol tests are performed.
- (b) "Agency custodian" means the employee at a certified agency who is responsible for administering the certified agency's EBAT program.
- (c) "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol.
- (d) "Alcohol concentration" means the number of grams of alcohol per 100 milliliters of blood or per 210 liters of breath.
- (e) "Certified agency" means a law enforcement agency that meets the requirements of K.A.R. 28-32-9.
- (f) "Certified operator" means an individual who meets the requirements of K.A.R. 28-32-10.
- (g) "Department" means the Kansas department of health and environment.
- (h) "Device custodian" means the certified operator employed by a certified agency who is responsible for oversight of the certified agency's EBAT device.
- (i) "Evidential breath alcohol test" and "EBAT" mean a quantitative chemical test for alcohol performed on a sample or samples of breath of an individual suspected of an offense that subjects the individual to the provisions of K.S.A. 8-1001 through K.S.A. 8-1022 and amendments thereto.
- (j) "Evidential breath alcohol test device" and "EBAT device" mean an instrument designed to perform a quantitative chemical test for alcohol on a sample of breath of an individual, which yields test results that are admissible as evidence in a court of law.
- (k) "Preliminary breath-screening test device" means an instrument designed to perform a qualitative or quantitative chemical test for alcohol on a sample of breath of an individual to determine the presence or absence of alcohol pursuant to K.S.A. 8-1012 and amendments thereto.
- (l) "Quality control" means a test of an evidential breath alcohol test device that is administered at the direction of the secretary and that uses a known alcohol standard to evaluate the accuracy of the device.
- (m) "Secretary" means the secretary of the Kansas department of health and environment or the secretary's designee.
(Authorized by and implementing K.S.A. 2006 Supp. 65-1,107; effective March 14, 2008.)