1. (1) The department shall maintain a list of approved testing methodologies, instruments, and vendors for the 24/7 sobriety program. Only approved methodologies, instruments, and vendors may be used.

2. (2) To be approved:

   1. (a) the testing methodology and instrument must conform to the requirements of ARM 23.18.311 through 23.18.313; and
   2. (b) the participating vendor must have a current vendor agreement.
3. (3) The department shall publish the list on the department's website. The department shall distribute copies of the list to the participating agencies, judges, and any other entity using the 24/7 program.

4. (4) The department shall remove a methodology, instrument, or vendor from the list if:

   1. (a) the instrument or vendor fails to comply with any requirement in (2) after notification and an opportunity to remedy the failure; or
   2. (b) the methodology or instrument is no longer supported by evidence of effectiveness.
5. (5) The department shall notify all participating law enforcement agencies, judges, and participating entities when removing a methodology, instrument, or vendor from the list.
6. (6) The sheriff shall ensure that the individuals administering all 24/7 program testing methodologies and instruments are properly trained.

Authorizing statute(s): 44-4-1204, MCA

Implementing statute(s): 44-4-1203, 44-4-1204, MCA

History: NEW, 2020 MAR p. 2407, Eff. 12/25/20.