Section R13-10-106. Qualifications

A.      To qualify for an Analyst permit, a person shall hold a degree from a college or university accredited by a regional accredit- ing body recognized by the United States Department of Edu- cation and have earned 15 or more semester credits, or the equivalent, of chemistry, including three or more credits of organic chemistry.

B.       To qualify for an Operator permit, a person shall:

1.        Be employed by a law enforcement agency or laboratory that has access to a device for the person’s use as set forth in R13-10-103; and

2.        Complete a course in the determination of alcohol con- centration approved by the Department with a score of 80 percent or better. The Department shall approve courses taught by an Instructor if they contain the following:

a.         Instruction on the effects of alcohol on the human body;

b.        Instruction on and demonstration of the operational principles of the selected device, which shall include a functional description and detailed operational description of the method;

c.         Instruction on the legal aspects of breath tests in general and on the particular method to be employed;

d.        Concurrent Calibration Check Procedures (when applicable to the device) approved by the Depart- ment;

e.         Concurrent Quality Assurance Procedures (when applicable to the device) approved by the Depart- ment;

f.         Applicant participation with the appropriate device utilizing reference standards, testing of subjects, or other methods that will indicate the actual response of the device; and

g.        Written and practical examination of the applicant for the purpose of determining the person’s under- standing of the course material and proficiency in operating the device.

C.      To qualify for a Quality Assurance Specialist permit, a person shall possess a valid Operator permit to operate the approved device and complete a course of training approved by the Department with a score of 80 percent or better. The Depart- ment shall approve courses taught by an Instructor if they con- tain the following:

1.        Review of the theory of breath testing and the operation of the particular testing device;

2.        Standard Calibration Check Procedures approved by the Department;

3.        Standard Quality Assurance Procedures approved by the Department;

4.        Applicant participation with the appropriate device utiliz- ing reference standards, testing of subjects, or other meth- ods that will indicate the actual response of the device; and

5.        Written and practical examination of the applicant for the purpose of determining the person’s understanding of the course material and proficiency in operating the device.

D.      To qualify as an Instructor, a person shall hold valid Operator and Quality Assurance Specialist permits on the device for which instruction is given. In addition, except as provided in subsection (E), all applicants shall complete a comprehensive instructor examination approved and administered by the Department with a score of 90 percent or better. The Depart-

Department of Public Safety - Alcohol Testing

ment shall approve instructor examinations that include the following:

1.        The theory of breath testing and the operation of the spe- cific device, and

2.        Procedures for testing instrument accuracy and proper operation in accordance with Calibration Checks and Quality Assurance Procedures approved by the Depart- ment.

E.       If a device is newly approved and no Operator and Quality Assurance Specialist permits have been issued for the device, a person may qualify to be an Operator, Quality Assurance Specialist, and Instructor for the specific device by completing a Department-administered, manufacturer-endorsed, instructor training course and a comprehensive examination with a score of 90 percent or better. The Instructor training course shall include the following:

1.        Review of the theory of breath testing,

2.        Instruction on the operation of the device, and

3.        Procedures for testing instrument accuracy and proper operation in accordance with Calibration Checks and Quality Assurance Procedures approved by the Depart- ment.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).