Okla. Stat. tit. 47, § 759
Board of Tests for Alcohol and Drug Influence - Members - Authority - Rules - Revolving Fund
Effective Jul 1, 1994Laws 1967, SB 28, c. 86, § 9, eff. January 1, 1967; Amended by Laws 1969, SB 307, c. 244, § 1, emerg. eff. April 21, 1969; Amended by Laws 1978, HB 1834, c. 282, § 1, emerg. eff. May 10, 1978; Amended by Laws 1982, HB 1699, c. 294, § 8, emerg. eff. July 1, 1982; Amended by Laws 1988, SB 450, c. 225, § 6; Amended by Laws 1991, HB 1331, c. 248, § 9, eff. September 1, 1991; Amended by Laws 1994, SB 706, c. 107, § 1, emerg. eff. July 1, 1994; Amended by Laws 2000, SB 866, c. 90, § 1 (superseded document available).
- A. There is hereby re-created, to continue until July 1, 2006, in accordance with the provisions of the Oklahoma Sunset Law, Section 3901 et seq. of Title 74 of the Oklahoma Statutes, the Board of Tests for Alcohol and Drug Influence to be composed of the Dean of the University of Oklahoma College of Medicine, or the Dean's designee who shall receive an appointment in writing, as Chairman, and the Commissioner of Public Safety or a designee, the Director of the Oklahoma State Bureau of Investigation or a designee, the State Commissioner of Health or a designee, the Director of the Council on Law Enforcement Education and Training or a designee, one certified peace officer who is a member of a local law enforcement agency selected by the Oklahoma Sheriffs and Peace Officers Association and one person selected by the Oklahoma Association of Chiefs of Police, as members, to serve without pay other than reimbursement of necessary and actual expenses as provided in the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. Each such designee shall receive an appointment in writing which shall become a permanent part of the records of the Board. The Board is authorized to appoint a State Director of Tests for Alcohol and Drug Influence and an Administrative Assistant to the Board, as necessary for the performance of its functions. The Board may expend appropriated funds for purposes consistent with Sections 751 through 761 of this title and Sections 301 through 308 of Title 3 of the Oklahoma Statutes.
- B. Collection and analysis of a person's blood, breath, saliva or urine, to be considered valid and admissible in evidence, whether performed by or at the direction of a law enforcement officer or at the request of the tested person, shall have been performed in compliance with the rules and regulations adopted by the Board of Tests for Alcohol and Drug Influence and by an individual possessing a valid permit issued by the Board for this purpose.
- C. The Board of Tests for Alcohol and Drug Influence is authorized to approve laboratories for the analysis, provided by the provisions of this title, of specimens of blood, breath, saliva and urine, and to administer a program for regular monitoring of such laboratories. The Board is authorized to prescribe uniform standards and conditions for, and to approve satisfactory methods, procedures, techniques, devices, equipment and records for tests and analyses and to prescribe and approve the requisite education and training for the performance of such tests and analyses. The Board shall establish standards for and ascertain the qualifications and competence of individuals to administer and conduct such tests and analyses, and to issue permits to laboratories and to individuals which shall be subject to suspension or revocation at the discretion of the Board. The Board is authorized to prescribe uniform standards, conditions, methods, procedures, techniques, devices, equipment and records for the collection, handling, retention, storage, preservation and delivery of specimens of blood, breath, saliva and urine obtained for the purpose of determining the alcohol concentration thereof or the presence and concentration of any other intoxicating substance therein. The Board may take such other actions as may be reasonably necessary or appropriate to effectuate the purposes of Sections 751 through 761 of this title and Sections 301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt, amend and repeal such other rules and regulations consistent with this chapter as the Board shall determine proper.
Laws 1967, SB 28, c. 86, § 9, eff. January 1, 1967; Amended by Laws 1969, SB 307, c. 244, § 1, emerg. eff. April 21, 1969; Amended by Laws 1978, HB 1834, c. 282, § 1, emerg. eff. May 10, 1978; Amended by Laws 1982, HB 1699, c. 294, § 8, emerg. eff. July 1, 1982; Amended by Laws 1988, SB 450, c. 225, § 6; Amended by Laws 1991, HB 1331, c. 248, § 9, eff. September 1, 1991; Amended by Laws 1994, SB 706, c. 107, § 1, emerg. eff. July 1, 1994; Amended by Laws 2000, SB 866, c. 90, § 1 (superseded document available).