PURPOSE: This rule establishes the methods and analytical principles by which determination of blood alcohol content from samples of blood, urine or saliva are approved.

1. (1) Blood samples shall be taken in accordance with the provisions of sections 577.029, and 306.111–306.119, RSMo.

2. (2) A sample of blood, urine or saliva shall be collected in a clean, dry container that has an air-tight, inert stopper—

   1. (A) For blood samples, if whole blood or plasma is required, an anticoagulant may be used that is appropriate for the test method being employed; and
   2. (B) Urine specimens shall be refrigerated immediately after collection or a preservative may be used that is appropriate for the test method being employed.
3. (3) A sufficient volume of blood, urine or saliva shall be collected to provide for duplicate testing.

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

   1. (A) Chromatographic identification and quantization of alcohols, in liquid or vapor phase;
   2. (B) Spectrophotometric or colorimetric measurement of the conversion of alcohol to acetaldehyde by alcohol-dehydrogenase; or
   3. (C) The quantitative determination of the reduction of dichromate in acid solution by ethanol.

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 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. *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. State v. Kummer, 741 SW2d 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.