Section R13-10-108. Examination and Quality Assurance Require- ments for Analysts

A.      The Department shall require an Analyst permit applicant to successfully demonstrate the applicant’s proficiency in making alcohol concentration determinations from test specimens in

accordance with subsection (B). The applicant shall be exam- ined only on the methods that relate to the type of determina- tion for which the applicant desires a permit.

B.       An applicant shall, before receiving an initial Analyst permit or renewal of an existing Analyst permit, participate in and successfully complete proficiency testing administered by the Department. An applicant shall successfully analyze samples by testing at least three suitable reference standards or control samples with a known alcohol concentration in the range of

1.1     to 0.40 grams per 100 milliliters of blood and having the results agree with the established value within the limits of ±

1.2     grams per 100 milliliters of blood or ±10 percent, which- ever is greater. Proficiency testing shall be administered by the Department as follows:

1.        An applicant shall correctly analyze all proficiency sam- ples in the set provided by the Department.

2.        When returning the results of analyses to the Department, the applicant shall attach an affidavit attesting that the applicant analyzed the proficiency samples without help or input from any other person.

3.        An applicant failing to correctly analyze all proficiency samples in the set will be provided an opportunity to suc- cessfully analyze a second set of samples.

4.        The Department shall deny the application of an applicant who declines or fails to correctly analyze the second set of proficiency samples and shall not issue a permit.

5.        An applicant who fails to successfully analyze the second set of proficiency samples and whose application is denied may reapply for an analyst’s permit beginning 90 days from the date of denial.

C.      An analyst who conducts alcohol concentration determinations shall implement and maintain a quality assurance program. This program shall be designed to ensure the validity of test results by providing for:

1.        Chain of custody,

2.        Quality control,

3.        Analytical procedures,

4.        Documentation of test results, and

5.        Participation in proficiency testing.

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).