PURPOSE: This rule establishes an operational checklist (including certification by the operator) for each of the approved breath analyzers in 19 CSR 25-30.050. Prosecuting attorneys have requested that these procedures be included as a rule so they can be introduced in court to show that operators of breath analyzers have adhered strictly to the operating procedures set forth and approved by the Department of Health.

1. (1) When using Intoxilyzer, Model 5000, the procedures on the following form shall be performed and the form shall be completed (see form #5).
2. (2) When using BAC Verifier, the procedures on the following form shall be performed and the form shall be completed (see form #6).
3. (3) When using Data Master, the procedures on the following form shall be performed and the form shall be completed (see form #7).
4. (4) When using Alco-Sensor IV/RBT IV, the procedures on the following form shall be performed and the form shall be completed (see form #8).
5. (5) When using Intoxilyzer 1400, the procedures on the following form shall be performed and the form shall be completed (see form #9).
6. (6) When using Intoxilyzer, Model 5000 CD, the procedures on the following form shall be performed and the form shall be completed (see form #10).
7. (7) The fifteen (15)-minute observation of the subject, which is the first procedure on the forms in sections (1)–(6) of this rule, may be done by the operator of the breath analyzer, the arresting officer or by any other competent individual.
8. (8) Results of subject tests shall be recorded on the operational checklist in a manner consistent with the breath analyzer’s digital display and/or printout. For example, if the display and/or the printout reads one hundred forty-nine thousandths percent (0.149%), the result shall be recorded as one hundred fortynine thousandths percent (0.149%).
9. (9) Operational Checklists completed prior to the effective date of this rule shall be considered valid. AUTHORITY: sections 192.006, 577.020, 577.037, 577.039 and 577.041, RSMo Supp. 1997 and 577.023, 577.026, 577.029, 577.031, and 577.033, RSMo 1994.* This rule was previously filed as 13 CSR 50- 140.060 and 19 CSR 20-30.060. Original rule filed July 11, 1979, effective Oct. 12, 1979. 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 Aug. 3, 1984, effective Dec. 13, 1984. Changed to 19 CSR 20-30.060, effective Aug. 15, 1986. 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. Emergency amendment filed July 11, 1988, effective July 21, 1988, expired Sept. 19, 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 25-30.060 Jan. 1, 1995. Emergency amendment filed March 3, 1995, effective March 13, 1995, expired July 1, 1995. Emergency amendment filed June 21, 1995, effective July 1, 1995, expired Oct. 28, 1995. Amended: Filed March 3, 1995, effective July 30, 1995. Emergency amendment filed March 15, 1996, effective March 25, 1996, expired Sept. 20, 1996. Amended: Filed March 15, 1996, effective Aug. 30, 1996. Amended: Filed Aug. 25, 1997, effective Feb. 28, 1998. *Original authority: 192.006.2, RSMo 1993 amended 1995; 577.020, RSMo 1977, amended 1982, 1983, 1996; 577.023, RSMo 1982, amended 1983, 1991, 1993; 577.026, 577.029, 577.031 and 577.033, RSMo 1982 577.039, RSMo 1982 amended 1996; 577.037, RSMo 1982, amended 1983, 1988, 1993; and 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996.

Eckhoff v. Director of Revenue, 745 SW2d 815 (Mo. App. 1988); Director of Revenue v. Martin, 752 SW2d 453 (Mo. App. 1988). For 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. Stuhr v. Director of Revenue, 760 SW2d 127 (Mo. App. 1988). Though the operational checklist which was used differed from the rule, the checklist exceeded the minimum established requirements and provided a proper foundation for admitting the results of the breath test. Stuhr v. Director of Revenue, 760 SW2d 127 (Mo. App. 1988); Bradford v. Director of Revenue, 735 SW2d 208 (Mo. App. 1987). The time and date component of the BAC Verifier is a separate component from that of the sample collection portion of the unit. The wrong date or time on the printout is not evidence of a malfunction. 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 19 CSR 25-30 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