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

1. (1) A Type I permit authorizes an individual to perform analyses of blood, breath, urine and saliva for blood alcohol content and to perform analyses of blood 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.

   1. (A) To perform tests using a breath analyzer, the applicant shall meet the requirements for operators of breath analyzers in 19 CSR 25-30.041.
   2. (B) To perform analyses of blood, urine or saliva 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 must be within five percent (5%) of the true value. A second set of three
4. (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.
5. (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.

6. (4) The Permittee Shall Make Request for Renewal of the Permit.

   1. (A) If the permittee is authorized to perform breath testing, the provisions for renewal of permits of 19 CSR 25-30.041(3) shall apply.
   2. (B) All provisions of subsection (2)(B) of this rule shall apply for renewal of a permit authorizing the analysis of blood, urine or saliva for blood alcohol content. A set of three (3) check samples shall be satisfactorily analyzed during the last year of the current permit.
7. (5) Type I permits issued before September 29, 1988 shall be considered valid under the conditions of this rule for determination of blood alcohol content. Individuals presently holding Type I permits who wish to perform analyses for drugs must apply for a new Type I permit. AUTHORITY: sections 192.005.2 and 577.020, 577.026, 577.029, 577,031, 577.033, 577.039, RSMo 1986, 577.023, 577.041, RSMo Supp. 1991 and 577.037, RSMo Supp. 1988.* 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. *Original authority: 192.005.2, RSMo 1985; 577.020, RSMo 1977, amended 1982, 1983; 577.023, RSMo 1982, amended 1983, 1991; 577.026, 577.029, 577.031, 577.033, RSMo 1982; 577.037, RSMo 1912, amended 1983, 1988; 577.039, RSMo 1982; and 577.041, RSMo 1982, amended 1987, 1991.

Stuart v. Director of Revenue, 761 SW2d 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 SW2d 787 (Mo. banc 1986); Elkins v. Director of Revenue, 728 SW2d 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. and Determination for the Presence of Drugs in Blood and Urine 19 CSR 25-30 and Determination for the Presence of Drugs in Blood and Urine