PURPOSE: This rule establishes the qualifications, duties, and responsibilities of a Type I permittee.

1. (1) A Type I permit, included herein, authorizes an individual to perform analyses of blood, saliva, or urine for blood alcohol content and to perform analyses of blood, saliva, or urine for the presence of drugs.
2. (2) An applicant for a Type I permit shall not be less than twenty-one (21) years of age and shall possess a baccalaureate degree in chemical, physical, or biological science from an accredited college or university or shall have at least two (2) years of relevant analytical experience and the equivalent of at least two

3. (2) years of college-level education with at least half of the credit hours earned in the chemical, physical, or biological sciences. The applicant shall also complete an application for a Type I permit, included herein.

   1. (A) To perform analyses of blood, saliva, or urine for blood alcohol content, the department shall send three (3) check specimens to the applicant for analysis. The applicant shall perform the analyses within the time set by the department. The results reported on the three (3) samples shall be within five percent (5%) of the true value. A second set of three (3) check samples shall be sent to the applicant if the results from the first set were unsatisfactory. If the results from the second set of check samples are unsatisfactory, the department shall return the application. Any further efforts to meet this condition for completion of the application shall be made at the discretion of the department based on the nature of the problem; the ability of the applicant; and the facility, equipment, and methods that were employed.
   2. (B) Effective July 1, 2014, to perform analyses of blood, saliva, or urine for the presence of drugs, the applicant shall be an employee of a laboratory that holds a national accreditation through the College of American Pathologists (CAP), the American Board of Forensic Toxicologists (ABFT), or through the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/Lab). This accreditation shall include an annual forensic proficiency test on each biological matrix (blood, saliva, or urine) tested. A copy of the certification for each laboratory shall be supplied to the State Public Health Laboratory upon request.
4. (3) A Type I permittee shall maintain complete records of testing, quality assurance data, logbooks, and other documentation related to the performance of tests as established under general standards of laboratory practice and chain-of-custody procedures.
5. (4) All provisions of subsection (2)(A) of this rule shall apply for renewal of a permit authorizing the analysis of blood, saliva, or urine for blood alcohol content. A set of three (3) check samples shall be satisfactorily analyzed during the last year of the current permit, and the applicant shall complete an application for a Type I permit, included herein.
6. (5) Type I permits issued prior to the effective date of this rule shall be considered valid under the conditions of this rule.
7. (6) Type I permit applications completed prior to the effective date of this rule shall be considered valid under the conditions of this rule. and Determination for the Presence of Drugs in Blood, Saliva, and Urine 19 CSR 25-30 SENIOR SERVICES Division 25—State Public Health Laboratory and Determination for the Presence of Drugs in Blood, Saliva, and Urine

AUTHORITY: sections 192.006 and 577.026, RSMo 2000, and sections 577.020 and 577.037, RSMo Supp. 2011.* This rule previously filed as 19 CSR 20-30.021. Original rule filed July 15, 1988, effective Sept. 29, 1988. Changed to 19 CSR 25-30.021 Jan. 1, 1995. Amended: Filed May 31, 2012, effective Dec. 30, 2012. *Original authority: 192.006, RSMo 1993, amended 1995; 577.020, RSMo 1977, amended 1982, 1983, 1996, 1998, 2001, 2006; 577.026, RSMo 1982; and 577.037, RSMo 1982, amended 1983, 1988, 1993, 1996, 2001. Stuart v. Director of Revenue, 761 S.W.2d 234 (Mo. App. 1988). A Type II permittee is qualified to testify as an expert on technical matters and permissible temperature tolerances. Miller v. Director of Revenue, 719 S.W.2d 787 (Mo. banc 1986); Elkins v. Director of Revenue, 728 S.W.2d 567 (Mo. App. 1987). Possession of a permit is a matter within the personal knowledge of the permittee. Testimony by a permittee is sufficient to prove the permittee’s qualifications to administer the tests.