Wyo. Code R. 048-0010-1
Effective Date: 12/11/2013 to Current
Rule Type: Current Rules & Regulations
Reference Number: 048.0010.1.12112013
GENERAL PROVISIONS
Section 1. Authority. Pursuant to W.S. 31-6-105 (a), for chemical analysis of the person's blood, breath or urine to be considered valid it shall be performed according to methods approved by the Department of Health and it shall be conducted by an individual possessing a valid permit issued by the Department of Health. The Department of Health may promulgate and approve satisfactory methods to ascertain the qualifications of individuals permitted to conduct the analysis and it shall issue permits to qualified analysts or operators who successfully meet the Department's certification requirements. The Department may terminate or revoke permits for analysts or operators who do not meet these qualifications.
Section 2. Purpose. To insure scientific validity and uniform standards of practice for chemical analysis of alcohol.
Section 3. Definitions. The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout these rules gender pronouns are used interchangeably except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers in random distribution. Words in each gender shall include individuals of the other gender.
(a) "Alcohol" means any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol, and isopropanol.
(b) "Alcohol concentration" in percent (%) means:
(e) "Certification" or "certification process" means the process the individual must complete in order to obtain a permit.
(f) "Chemical analysis" means a test to determine the presence and/or amount of certain chemicals based on their chemical and/or physical properties. Example - a chemical analysis for alcohol may be done by gas chromatography, gas chromatography/mass spectrometry, infrared absorption or electrochemical.
(g) "Operator" is an individual holding a permit as an operator or senior operator as described in Chapter 4 of these rules.
(h) "Permit" means documentation that an individual has met the prescribed qualifications during the certification process and thus, has a permit to perform alcohol analyses to be used in enforcement of W.S. 10-6-103, 31-5-233, 31-6-102, 31-17-111 & 113, and 41-13-206.
(i) "Proficiency sample" means a sample of blood, urine or water prepared to contain a specified quantity of alcohol for use in determining the competency of analytical personnel or of a procedure.
(j) "Reference sample" means a sample of blood, urine, water or air prepared to contain a specified amount of alcohol, or a mechanical device designed to give a specified value, for use in calibrating or verifying the calibration of a test procedure or instrument.
(k) "State agency" refers to the Chemical Testing Program of the Department of Health, Public Health Laboratory, Preventive Health and Safety Division.
(a) Any person, facility or agency that performs alcohol analyses, the results of which will be used for enforcement of W.S. 10-6-103, 31-5-233, 31-6-102, 31-17-111&113, and 41-13-206, shall be subject to these rules. Tests for other purposes may be done at the discretion of the local agency.
(b) The Department may issue manuals, bulletins, or both, to interpret the provisions of this chapter. Such manuals and bulletins shall be consistent with and reflect the policies contained in these chapters. The provisions contained in manuals or bulletins shall be subordinate to the provisions of these rules.
(c) The incorporation by reference of any external standard is intended to be the incorporation of that standard as it is in effect on the effective date of these chapters.