PURPOSE: This rule enumerates those breath analyzers, chemical reagents which are approved by the Department of Health for the determination of the alcoholic content of blood from a sample of expired (alveolar) air. The chemical composition and tolerances for the test ampoules are also defined.

1. (1) Approved breath analyzers are—

NAME OR ITEM Alco-Sensor IV with printer*

BAC Verifier and Data Master

Intoxilyzer, Model

*The Alco-Sensor IV with printer is approved for use as a bench-top instrument to be located within buildings or specially equipped trucks or vans specifically used for driving-while-intoxicated enforcement. This instrument is not approved for mobile use in cars, boats, or outside areas.

1. (2) Subject tests and maintenance reports performed on the Breathalyzer 900 and 900A, the Alco-Analyzer 2000, and the Intoximeter 3000 prior to the effective date of this rule shall be considered valid. Chemical test ampoules, used in the Breathalyzer 900 and 900A, prior to the effective date of this rule shall be considered valid.
2. (3) Breath tests performed on the Alco- Sensor IV/RBT IV prior to the effective date of this rule shall be considered valid under this rule if such tests were completed in compliance with the rules in effect at the time the test was conducted.

AUTHORITY: sections 192.006, 306.114, 306.117, 577.020, 577.023, 577.026, 577.029, 577.031, 577.033, 577.037, 577.039 and 577.041, RSMo 2000.* This rule was previously filed as 13 CSR 50- MATT BLUNT MANUFACTURER Intoximeters, Inc., St. Louis, MO National Patent Analytical Systems, Inc., Mansfield, OH (formerly a subsidiary of National Patent Development Corporation, East Hartford, CT, formerly Verax Systems, Inc., Fairport, NY) CMI/MPH, Operations of MPD, Inc., Owensboro, KY (formerly CMI, Inc., a subsidiary of Federal Signal Corp., Minturn, CO) 140.050 and 19 CSR 20-30.050. Original rule filed Oct. 1, 1965, effective Oct. 13, 1965. Amended: Filed Jan. 29, 1970, effective March 30, 1970. Amended: Filed Sept. 10, 1970, effective Nov. 9, 1970. Amended: Filed Dec. 8, 1972, effective Feb. 6, 1973. Emergency amendment filed Aug. 4, 1977, effective Aug. 14, 1977, expired Dec. 12, 1977. Amended: Filed Aug. 4, 1977, effective Nov. 11, 1977. Amended: Filed Feb. 8, 1982, effective May 13, 1982. Emergency amendment filed July 27, 1984, effective Aug. 6, 1984, expired Jan. 4, 1985. Amended: Filed July 17, 1984, effective Dec. 13, 1984. Changed to 19 CSR 20-30.050, effective Aug. 15, 1986. Amended: Filed Oct. 3, 1986, effective Dec. 25, 1986. Emergency amendment filed Jan. 13, 1987, effective Jan. 23, 1987, expired May 22, 1987. Amended: Filed Jan. 16, 1987, effective April 11, 1987. Emergency rescission and emergency rule filed June 2, 1988, effective June 12, 1988, expired Sept. 19, 1988. Rescinded and readopted: Filed June 2, 1988, effective Aug. 25, 1988. Amended: Filed June 16, 1989, effective Sept. 11, 1989. Emergency amendment filed Sept. 5, 1991, effective Sept. 15, 1991, expired Jan. 12, 1992. Amended: Filed Sept. 5, 1991, effective Jan. 13, 1992. Amended: Filed Jan. 15, 1993, effective July 8, 1993. Emergency amendment filed Nov. 9, 1993, effective Nov. 19, 1993, expired March 18, 1994. Emergency amendment filed March 1, 1994, effective March 11, 1994, expired July 8, 1994. Emergency amendment filed July 12, 1994, effective July 22, 1994, expired Nov. 18, 1994. Emergency amendment filed Oct. 28, 1994, effective Nov. 7, 1994, expired March 6, 1995. Amended: Filed July 22, 1994, effective Dec. 30, 1994. Changed to 19 CSR 25-30.050 Jan. 1, 1995. Emergency amendment filed March 15, 1996, effective March 25, 1996, expired Sept. 20, 1996. Amended: Filed March 16, 1996, effective Aug. 30, 1996. Emergency amendment filed Aug. 22, 1997, effective Sept. 1, 1997, expired Feb. 27, 1998. Amended: Filed Aug. 25, 1997, effective Feb. 28, 1998. Emergency amendment filed May 10, 2001, effective May 22, 2001, expired Nov. 17, 2001. Amended: Filed May 10, 2001, effective Oct. 30, 2001. *Original authority: 192.006, RSMo 1993, amended 1995; 306.114, RSMo 1993; 306.117, RSMo 1993; 577.020, RSMo 1977, amended 1982, 1983, 1996, 1998; 577.023, RSMo 1982, amended 1983, 1991, 1993, 1998; 577.026, RSMo 1982; 577.029, RSMo 1982; 577.031, RSMo 1982; 577.033, RSMo 1982; 577.037, RSMo 1982, amended 1983, 1988, 1993, 1996; 577.039, RSMo 1982, amended 1996; and 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996, 1998. Eckhoff v. Director of Revenue, 745 SW2d 815 (Mo. App. 1988); Director of Revenue v. Martin, 752 SW2d 453 (Mo. App. 1988). For 19 CSR 25-30 purpose of breath analysis tests, the procedural components of these tests include the testing techniques and methods, the qualifications of the person administering the tests and the nature and description of the equipment and devices to be used. The designation of approved suppliers of test ampoules for breathalyzer test was procedural only and would be applied retrospectively.