PURPOSE: This rule establishes the methods and analytical principles approved for the determination of blood alcohol content or the presence of drugs from samples of blood, urine, or saliva.

1. (1) Samples of blood, saliva, or urine shall be collected in accordance with the provisions of sections 577.001–577.041, RSMo, and a sufficient volume of sample shall be collected to provide for duplicate testing.

   1. (A) Blood samples shall be collected in commercially-manufactured blood collection tubes that contain sodium fluoride or an equivalent preservative, as well as potassium oxalate, sodium citrate, or an equivalent anticoagulant.
   2. (B) Urine specimens shall be collected in clean, dry containers. If a preservative, such as sodium fluoride, is employed, a comment stating the type and amount of preservative used should accompany the specimen. Specimens shall be refrigerated or frozen if not tested within one (1) day of collection.
   3. (C) Saliva specimens shall be collected in a commercially-manufactured collection device and collected according to collection device instructions.
2. (2) The laboratory in which these analyses are performed shall have a director who shall assume full responsibility for the accuracy of tests and reports.
3. (3) An individual shall have a valid Type I permit in order to perform analyses of blood, saliva, and urine for the presence of drugs.

4. (4) Methods based on the following analytical principles are approved for the determination of blood alcohol content from a sample of blood, saliva, or urine:

   1. (A) Chromatography, in liquid or vapor phase;
   2. (B) Spectrophotometry;
   3. (C) Colorimetry; or
   4. (D) The quantitative determination of the reduction of dichromate in acid solution by ethanol.

5. (5) Methods based on the following analytical principles are approved for the analysis of blood, saliva, and urine for the presence of drugs:

   1. (A) Chromatography, in liquid or vapor phase;
   2. (B) Spectrophotometry;
   3. (C) Spectrometry; or
   4. (D) Immunoassay.
6. (6) All initial testing for the presence of drugs other than alcohol producing positive results shall be confirmed by a method employing mass spectrometry (MS).
7. (7) Blood, saliva, and urine tests for the determination of blood alcohol content or the presence of drugs performed 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, 577.020, and 577.037, RSMo 2016.* This rule previously filed as 19 CSR 20-30.070. Emergency rule filed May 21, 1987, effective May 31, 1987, expired Sept. 28, 1987. Original rule filed May 21, 1987, effective Aug. 27, 1987. Emergency rescission filed Aug. 14, 1987, effective Aug. 26, 1987, expired Dec 11, 1987. Emergency amendment filed Feb. 16, 1988, effective Feb. 26, 1988, expired June 24, 1988. Amended: Filed Feb. 16, 1988, effective April 28, 1988. Changed to 19 CSR 25-30.070 Jan. 1, 1995. Emergency amendment filed May 10, 2001, effective May 22, 2001, expired Nov. 17, 2001. Amended: Filed May 10, 2001, effective Oct. 30, 2001. Amended: Filed May 31, 2012, effective Dec. 30, 2012. Amended: Filed Oct. 1, 2019, effective March 30, 2020. *Original authority: 192.006, RSMo 1993, amended 1995; 577.020, RSMo 1977, amended 1982, 1983, 1996, 1998, 2001, 2006, 2014; and 577.037, RSMo 1982, amended 1983, 1988, 1993, 1996, 2001, 2014, 2016. State v. Kummer, 741 S.W.2d 285 (Mo. App. 1987). The rules of the Department of Health approving methods of analysis for determining blood alcohol content are procedural and relate to the admissibility of evidence, and thus are to be applied retrospectively. AND SENIOR SERVICES