Wyo. Code R. 048-0010-4
Effective Date: 01/26/2004 to 12/11/2013
Rule Type: Superceded Rules & Regulations
Reference Number: 048.0010.4.01262004
CHEMICAL ANALYSIS FOR ALCOHOL TESTING
PERMIT REQUIREMENTS
Section 1. Categories and limits of permits.
a. Breath Test Equipment.
(i) Operator Permit allows the permittees to conduct breath alcohol analyses on the instrument for which they are certified.
(ii) Senior Operator Permit allows the permittees to supervise Breath Testing Operators and to train Breath Testing Operators for certification on a specified instrument.
b. Blood, Urine and Other Biological Specimens.
(i) Alcohol Analyst Permit allows the permittees to conduct alcohol analyses on blood, urine and other biological samples.
Section 2. Qualifications for Obtaining Permit.
(a) Operator.
(i) The candidate must successfully complete a minimum of eight (8) hours of instruction by a senior operator or the state agency, including the following subject matter:
(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.
(F) Written examination prepared by the state agency.
(A) To maintain certification an operator shall perform a minimum of one (1) checklist every two months. These may be subject tests, reference alcohol solutions or complete checklist in the presence of the Senior Operator. Reports of original certification and continued certification/re-certification for each operator shall be kept on file and maintained by the Senior Operator. In case of non-compliance, the state agency shall revoke certification
(A) 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.
(iv) Recertification.
(A) Operators who have held a valid permit within the last twelve (12) months, but whose permit has lapsed, been revoked, or who need to be certified on a different instrument may receive a permit by completing four (4) hours of refresher training, by a Senior Operator or the state agency, satisfactorily completing ten (10) checklists and passing a written examination prepared by the state agency. 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.
(A) 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 taking and passing of a written examination prepared by the State Agency.
(b) Senior Operator.
(i) The candidate must successfully complete a minimum of sixteen (16) hours of instruction by the state agency including the following subject matter:
(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.
(G) Written examination.
(ii) For certification on a different breath testing instrument a senior operator shall complete the following: 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 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.
(i) A candidate's minimum qualifications shall include an earned bachelor's degree in one of the chemical, physical, or biological sciences and, at least one year of pertinent experience. Other combinations of training and 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). 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 but no more than two (2) times a year.
(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(s) to the state agency. A person certified under this subsection need not meet requirements in subsection (a).
Section 3. Revocation of permits.
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 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.