Wyo. Code R. 048-0010-4
Effective Date: 12/11/2013 to Current
Rule Type: Current Rules & Regulations
Reference Number: 048.0010.4.12112013
PERMIT REQUIREMENTS
Section 1. Permit Categories.
(a) Breath Alcohol.
(i) An Operator Permit allows the permittee to conduct breath alcohol analyses on the instrument for which the permittee is certified. (ii) A Senior Operator Permit allows the permittee to supervise Breath Testing Operators and to train Breath Testing Operators for certification on a specified instrument. Senior Operators may also perform tests as an Operator.
(b) Blood, Urine and Other Biological Specimens.
An Alcohol Analyst Permit allows the permittee to conduct alcohol analyses on blood, urine and other biological samples.
Section 2. Certification Requirements for Obtaining Permit.
(a) Breath Alcohol Operator certification.
(i) The candidate must successfully complete a minimum of eight (8) hours of instruction by a senior operator or the state agency, including instruction in all of the following subject matters and must pass a final written examination:
(A) Effects of alcohol on the human body. (B) Operational principles of the selected testing method, which shall include a functional description of the method and a detailed operational description of the method with demonstration (C) Instruction on the legal aspects of chemical tests for alcohol (D) Instruction on supplemental information, which shall include nomenclature appropriate to the field of chemical tests for alcohol (E) Laboratory practice using appropriate equipment, which must include a minimum of ten (10) complete checklists; and (F) Pass a final written examination prepared by the state agency, with at least 70 percent correct. (ii) Maintaining Certification.
To maintain certification an Operator shall perform a minimum of one (1) checklist every two (2) months. These checklists may be subject tests, reference alcohol solutions or completion of a checklist in the presence of the Senior Operator. Reports of original certification and continued certification/recertification for each operator shall be kept on file and maintained by the Senior Operator. In case of noncompliance, the state agency may revoke certification of either or both permits of the Operator and the Senior Operator.
(iii) Refresher Training
An Operator shall complete a minimum of four (4) hours of refresher training by a Senior Operator or the state agency every three (3) years. The permit will expire and become invalid if refresher training is not completed.
(iv) Recertification.
Operators who have held a valid permit within the last twelve (12) months, but whose permit has lapsed or been revoked may again be granted a permit by completing four (4) hours of refresher training conducted by a Senior Operator or the state agency, and must satisfactorily complete ten (10) checklists and pass a written examination prepared by the state agency. An Operator's permit may be reinstated after successful demonstration of the ability to perform the procedure properly or completion of the training referenced in this paragraph at the state agency's discretion. Special permission from the state agency is required to recertify a person more than once in a one (1) year period.
(v) Certification on additional or new breath test equipment.
For an Operator to be certified on an additional or new breath testing instrument they shall complete the following: four (4) hours of training by the Senior Operator in the operation of the additional or new equipment, including performance of ten (10) completed checklists on the additional or new equipment and must take and pass a written examination prepared by the state agency.
(b) Breath Alcohol Senior Operator certification.
(i) A candidate for Senior Operator certification must successfully complete a minimum of sixteen (16) hours of instruction by the state agency including instruction in the following subject matters and must pass a written examination:
(A) Advanced instruction on the physiology and pharmacology of alcohol;
(B) Operational principles and theories applicable to the currently approved analytical instrument;
(C) Legal aspects of alcohol and traffic safety;
(D) Public relations aspects of alcohol and traffic safety;
(E) Principles of instruction;
(F) Laboratory practice using appropriate equipment that must include a minimum of five (5) completed checklists; and
(G) Written examination.
(ii) For certification on a different breath testing instrument a Senior Operator shall complete the following requirements: four (4) hours of training by the state agency in the operation of the new unit, including performance of ten (10) completed checklists on the new unit and passing a written examination. This certification procedure will also certify the person as an Operator of the instrument.
(iii) To maintain certification a Senior Operator must maintain certification as an Operator and complete a minimum of eight (8) hours of refresher training by the state agency every three (3) years. If a Senior Operator is unable to attend the refresher training, the state agency, at its discretion, may maintain a Senior Operator's certification until the next Senior Operator's class or refresher training.
(c) Alcohol Analyst certification.
(i) A candidate's minimum qualifications shall include a bachelor's degree in one of the chemical, physical or biological sciences and, at least one year of pertinent experience, as determined by the state agency. Other combinations of training and experience submitted in support of the one(1) year of pertinent experience will be evaluated by the state agency.
(ii) The applicant shall analyze ten (10) proficiency samples and shall obtain a score of at least ninety (90) percent. The samples are scored as follows:
(A) Ten (10) points will be allowed for each sample within 5% of the actual value (or, for samples containing less than 0.100%, within 0.005%).
(B) Five (5) points will be allowed for each sample within 10% of the actual value (or, for samples containing less than 0.100%, within 0.010%).
(C) One (1) point will be added for each volatile component, other than ethanol, properly identified. One (1) point will be deducted for each misidentified volatile component.
(iii) To maintain certification an alcohol analyst shall analyze a set of ten (10) proficiency samples from the state agency at least once a year, except as stated in Section 5 below.
(iv) An alcohol analyst permit may be amended to allow breath testing on a specified type of instrument or on all currently approved instruments by demonstrating appropriate knowledge and proficiency with the instruments to the state agency. A person certified under this subsection need not meet the requirements in subsection (a) to be certified as a breath alcohol operator.
Section 3. Revocation of permits.
Any permit granted pursuant to these rules may be revoked for failure to comply with these rules, at the discretion of the state agency. Permits may be revoked for failure to perform the required number of analyses as described above, for failure to follow prescribed procedures or for failing a required practical and/or written examination.
Section 4. Validity of permits.
Permits shall be considered valid until the state agency deems otherwise, and so notifies the permittees.
Section 5. State agency waivers.
The state agency may, at its discretion, and on an individual basis, waive any of the above requirements, providing the individual can demonstrate, to the state agency's satisfaction, an equivalent amount of knowledge and ability, and/or the state agency can demonstrate that the scientific validity of the result has not been affected.