1. (a) Pursuant to RSA 265-A:7, III, a person who submits to an infrared molecular absorption test at the request of a law enforcement officer shall have the right at his or her own expense to have a blood sample drawn and a blood test made by a person of his or her own choosing who is competent to conduct the tests, as determined by the commissioner under RSA 265-A:5. The person shall be so informed by the law enforcement officer at the same time as the person is requested to permit a test under the provisions of RSA 265-A:4. After the person submits to the infrared molecular absorption test and the test is completed, the person shall also be provided contact information for individuals and the nearest facilities who make themselves available to draw and test blood.
2. (b) If an individual who submits to an infrared molecular absorption test requests an additional test, as outlined in RSA 265-A:7, III, and (a) above, the law enforcement officer shall provide the individual with form DSSP 428, “Request for Additional Test”, revised 07/21 and a collection kit. The law enforcement officer shall witness the individual affix his or her signature, and the date on form DSSP 428 as evidence of his or her request and permission for a blood sample to be drawn. The law enforcement officer shall affix his or her signature, date, and time next to the individual’s signature on form DSSP 428.
3. (c) If an individual waives the right for an additional test pursuant to RSA 265-A:7, the law enforcement officer shall witness the individual affix his or signature, and the date on form DSSP 428 as evidence of his or her waiver of the additional test. The law enforcement officer shall affix his or her signature, date, and time next to the individual’s signature on form DSSP 428.
4. (d) After an individual signs form DSSP 428 evidencing permission pursuant to (b) above, or waiver pursuant to (c) above, the law enforcement officer shall retain the copy of form DSSP 428 marked “Police”.
5. (e) Any blood sample drawn or tested pursuant to RSA 265-A:7, III, shall be collected and tested in accordance with these rules.

6. (f) Upon the disbursement of the additional test collection kit by the law enforcement officer, he or she shall complete the pre-labeled, postage paid invoice postcard with the individual’s name, address and telephone number and deposit it in the mail to the state police forensic laboratory.

   Source. #12556, eff 6-21-18; amd by #12918, INTERIM, eff 11-21-19, EXPIRES: 5-19-20; amd by #12959, eff 12-23-19

   9005.02 Additional Test Collection Kit.

7. (a) The department shall distribute to law enforcement agencies the kits used for collection of an additional test.
8. (b) The kit used for collection of an additional test of an individual shall be provided to the blood draw personnel by the individual, or the law enforcement agency.

9. (c) The kit shall include:

   1. (1) A commercially available gray top evacuation tube containing a preservative of sodium fluoride and an anticoagulant of potassium oxalate;
   2. (2) Instruction sheet and FDA insert;
   3. (3) Blood tube protector insert;
   4. (4) 20g x 1 1/2” multi-sample needle;
   5. (5) Venipuncture tube and needle holder;
   6. (6) Alcohol-free PVP prep pad;
   7. (7) Red evidence label;
   8. (8) Ziplock bag containing one liquid absorbing sheet;
   9. (9) Nitrile gloves;
   10. (10) A pre-labeled and postage paid mailer; and
   11. (11) A pre-labeled and postage paid invoice postcard.
10. (d) An unexpired gray top tube from another source may be substituted by the blood draw personnel if the collection container has an expiration date that has passed.

Source. #12556, eff 6-21-18