Wyo. Code R. 048-0010-4
Effective Date: 02/11/1991 to 01/26/2004
Rule Type: Superceded Rules & Regulations
Reference Number: 048.0010.4.02111991
(a) Operator. This permit allows the permittee to conduct breath alcohol analyses only on the particular type of instrument for which he is certified.
(b) Senior Operator. This permit allows the permittee to supervise Breath Testing Operators and to train Breath Testing Operators for certification on a specified type of instrument.
(c) Alcohol Analyst. This permit allows the permittee to conduct alcohol analyses of blood, urine or other biological samples.
(i) The candidate must successfully complete a minimum of 16 hours of instruction by a senior operator or the state agency, including the following subject matter, or have met certification requirements prior to January 1, 1984:
(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 demonstrations.
(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.
(ii) To maintain certification an operator shall perform a minimum of one (1) checklist each month. These may be either subjects or reference alcohol solutions. Monthly reports for each operator shall be filed with the state agency. In case of noncompliance the state agency may revoke certification or specify appropriate action to maintain an operator's certification.
(iii) After June 8, 1989 an operator shall also complete a minimum of four (4) hours of refresher training by a senior operator or the state agency every three (3) years, or more often if specified by the state agency.
(iv) Recertification. Operators who have held a valid permit within the last twelve (12) months, but whose permit has lapsed, been revoked, or who need to be certified on a different instrument may receive a permit by completing four (4) hours of refresher training, by a senior operator or the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.
(i) The candidate must successfully complete a minimum of forty (40) hours of instruction by the state agency including the following subject matter or have met certification requirements prior to January 1982:
(A) Advanced survey of current information 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.
(D) Public relations aspects of alcohol and traffic.
(E) Principles of instruction.
(F) Laboratory practice using appropriate equipment which must include a minimum of five (5) complete checklists.
(G) Written examination.
(ii) Certification on a different breath testing instrument. If a senior operator needs to be certified on an additional breath testing instrument, four (4) hours of training by the state agency in the operation of the new unit, including performance of ten (10) checklists on the new unit and passing a written examination, shall be required. This will also qualify the person as an operator of the instrument.
(iii) After June 8, 1989 to maintain certification a senior operator must maintain certification as an operator and complete a minimum of sixteen (16) 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 85. 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 the alcohol analyst shall analyze a set of ten (10) proficiency samples from the state agency at least once a year but no more than four (4) 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 instrument(s) to the state agency. A person certified under this subsection need not meet requirements in subsection(a).
Permits shall be renewed annually, but 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. Revocation may be for up to five years, depending on severity of the deficiency and prior record.
Permits shall be considered valid until the state agency deems otherwise, and so notifies the permittee.
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.