Saf-C 7100

CHAPTER Saf-C 7100 BREATH ALCOHOL PROCEDURE USING THE INTOXILYZER 5000 INSTRUMENT FOR BREATH TESTS CONDUCTED ON OR AFTER JANUARY 1, 2017

PART Saf-C 7101 SCOPE

Saf-C 7101.01 Applicability. This chapter shall apply to all breath alcohol procedures using the intoxilyzer 5000 instrument for breath tests conducted on or after January 1, 2017.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

PART Saf-C 7102 DEFINITIONS

Saf-C 7102.01 “Accuracy” means the closeness of the test result to the true or expected result.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.02 “Acetone” means dimethylketone, a volatile chemical which can be found in the blood, urine, or breath of a person under certain metabolic conditions such as diabetes.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.03 “Additional test” means a blood sample drawn and a blood test made at the request, and expense of an individual who submits to an infrared molecular absorption test.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.04 “Alcohol” means ethanol, ethyl alcohol, or “intoxicating liquors” as defined in RSA 21:33.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.05 “Alcohol concentration” means grams of alcohol per 210 liters of breath (g/210L) as defined in RSA 259:3-b.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.06 “Alveolar air” means that portion of a breath sample submitted which is nearest in exchange between the lungs and the blood, the last portion of a maximal expiration.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.07 “Approval” means a statement of authorization signed by the commissioner.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.08 “Approved course of training” means a course of instruction approved by the commissioner for proper operation of the breath test instrument.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.09 “Approved instrument” means the Intoxilyzer 5000.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.10 “Breath test operator” means an individual who has completed the eligibility requirements in Saf-C 7104.02.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.11 “Certification of breath test operator” means a 12- month period in which a law enforcement officer, who meets requirements of Saf-C 7104.02, is authorized to conduct an analysis of a person’s breath for the purposes of determining its alcohol concentration.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.12 “Certification of equipment” means a 6 month interval in which the accuracy and precision of a breath test instrument have been verified by the forensic breath testing supervisor.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.13 “Commissioner” means the commissioner of the department of safety or his or her designee.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.14 “Department” means the department of safety.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.15 “External standard reference” means a simulator test performed on the approved instrument, using a known alcohol/water solution, to verify the accuracy of the approved instrument.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.16 “Field” means a police department or law enforcement agency located within New Hampshire.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.17 “Forensic breath test supervisor” means an individual who is authorized by the commissioner and has met the requirements of Saf-C 7104.01.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.18 “Gas chromatography” means a method of analysis in which a sample is injected into a stream of carrier gas moving through a column containing a stationary phase composed of a liquid or particulate solid. The sample is then separated into its component compounds according to their affinity for the stationary phase.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.19 “Headspace vapor” means a volume of gaseous sample above a liquid in a closed container.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.20 “Internal standard” means a substance which is added to the sample vial in a known concentration, which is chemically similar to the analyte being determined and against which the analyte can be measured.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.21 “Internal standard reference” means an automatic check conducted by the approved instrument to determine the readiness of that instrument to analyze a sample of breath.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.22 “Laboratory” means the forensic science laboratory or a laboratory accredited pursuant to RSA 265-A:5,V and Saf-C 7106.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.23 “Modification” means an alteration to the approved instrument affecting the accuracy or precision of the breath test.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.24 “Precision” means a measure of the agreement between replicate tests.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.25 “Preventive maintenance check” means a scheduled or routine maintenance performed on the approved instrument to ensure its continued accuracy and precision.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.26 “Recertifying supervisor” means a breath test operator, authorized by the commissioner, who has met the eligibility requirements in Saf-C 7104.02.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.27 “Repairs” means an adjustment or replacement of parts or components to return the equipment to proper operating condition.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.28 “Simulator” means a device used as an external standard reference which is designed to produce a similar result as that obtained from an actual breath sample, when operated under predefined conditions.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7102.29 “Subject sample” means a sample of alveolar air, given by a person being tested to determine a breath alcohol concentration.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

PART Saf-C 7103 EQUIPMENT

Saf-C 7103.01 Approval of Equipment.

(a) The commissioner shall approve the breath test instrument and simulator by make and model in accordance with (b) below. Pursuant to RSA 265-A:12, breath tests conducted on an approved instrument to determine the alcohol concentration of one’s breath shall be offered for evidentiary purposes when performed by certified personnel in accordance with procedures established in Saf-C 7103.02.

(b) The following criteria shall be used by the commissioner for approval of the breath test instrument:

(1) Breath samples collected for analysis shall be alveolar in composition;

(2) The instrument shall be capable of analyzing a series of headspace vapor samples from a simulator at known concentrations;

(3) The instrument shall be capable of performing an internal standard reference check; and

(4) The instrument shall be identified on the “Conforming Products List” by the National Highway Traffic Safety Administration as an “Evidential Breath Measurement Device.”

(c) Any approved instrument submitted to the manufacturer for modification or repair shall be returned to the forensic science laboratory upon completion of servicing and shall pass a preventive maintenance check in accordance with Saf-C 7103.04 prior to returning the approved instrument to the field.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7103.02 Sample Collection.

(a) All breath samples shall be alveolar air and shall be collected at the direction of the breath test operator.

(b) Immediately prior to testing, the subject shall be observed by a breath test operator for a period of 20 minutes to ensure the integrity of the sample. Prior to the observation period, the breath test operator shall inform the subject not to place any material in his or her mouth. Should vomiting, regurgitation or belching occur or any external material enter the mouth of the person to be examined, an additional 20 minute wait period shall occur before testing. Should the breath test operator determine that the subject is not complying with the requirements of this paragraph or (d) below at any point during the testing process, or the subject decides not to complete the sampling requirements in (d), the breath test operator shall stop the test and record the test as a refusal pursuant RSA 265-A:8.

(c) The breath test operator shall record and shall print out on the test record the identification of the subject, the name of the breath test operator, and the date and time of the sample collection. The test record shall also include identification of the approved instrument used to conduct the test; including make, model, serial number and field location.

(d) A minimum of 2 subject samples shall be collected for each complete breath test. If the alcohol concentration readings of the first 2 samples do not agree within +/- 0.02 g/210L, a third subject sample shall be collected.

(e) A reported value shall be printed on the test record following:

(1) A 20 minute observation period before the initial sample is taken;

(2) The identification of the subject, breath test operator and instrument;

(3) An ambient or room air check performed by the approved instrument;

(4) An internal standard reference check performed by the approved instrument;

(5) The satisfactory collection of a minimum of 2 subject samples which agree with +/- 0.02 g/210L;

(6) An external standard reference check performed by the approved instrument in accordance with (h) below; and

(7) The printout of test results and required information.

(f) During the testing process there shall be 2 reference checks on the approved instrument.

(g) The approved instrument shall be programmed to perform an internal standard reference check at separate set points. If any one of the set points gives a reading greater than +/- 5% of the assigned value, the approved instrument shall be so designed that it shall not allow a subject sample to be taken.

(h) An external standard reference check shall be conducted via the external reference port on the approved instrument. The external standard reference check shall consist of a known alcohol/water solution held at a constant temperature of 34°C +/- 0.2°C, whose vapor shall give an alcohol concentration reading on the approved instrument of no less than 0.09 g/210L nor greater than 0.10 g/210L. The approved instrument shall be so designed that a test cannot be completed if the external standard reference result is not within the acceptable range.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7103.03 Reporting of Findings.

(a) All completed test results shall be printed on the breath test record and shall be reported to the second decimal place without rounding.

(b) A reported value shall be printed when a breath test is completed in accordance with Saf-C 7103.02(e) above;

(d) Breath test results shall be expressed as grams of alcohol per 210L.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7103.04 Preventive Maintenance-Equipment.

(a) The forensic breath testing supervisor shall conduct a preventive maintenance on each approved instrument at 6 month intervals after the initial check.

(b) A preventive maintenance check pursuant to RSA 265-A:12,II shall include:

(1) Analysis of a series of simulated breath tests at known alcohol concentrations, to verify the accuracy and precision of the approved instrument which shall meet the following criteria:

a. For known alcohol concentrations less than 0.10g/210L:

1. The accuracy of the readings shall deviate no more than +/- 0.005 g/210L from the known alcohol concentration; and

2. The total precision range of the readings shall not exceed +/- 0.005 g/210L; and

b. For known alcohol concentrations equal to or greater than 0.10 g/210L:

1. The accuracy of the readings shall be within +/- 5% of the known alcohol concentration; and

2. The total precision range of the readings shall not exceed 5% of the target value;

(2) Verification of the approved instrument’s ability to detect and correct for acetone;

(3) Performance of routine maintenance on the approved instrument and simulator as necessary to maintain proper analytical functions; and

(4) Documentation of maintenance performed on each approved instrument and simulator at the time of service.

(c) The forensic breath testing supervisor shall certify the accuracy and precision of the approved instrument on the preventive maintenance check form, pursuant to RSA 265-A:12, II, once the requirements of (b)(1) – (4) are completed.

(d) The forensic breath testing supervisor shall complete the preventive maintenance check form by providing the following:

(1) Results of simulated breath test analyses listed by reference material lot number;

(2) Results of acetone detection/correction verification;

(3) The approved instrument and simulator by make, model, and serial number;

(4) The field location of the equipment;

(5) The date of certification and expiration; and

(6) That the forensic breath testing supervisor has found the approved instrument and simulator to be in proper working order and that the equipment meets the preventive maintenance requirements as outlined in (b) above and RSA 265-A:12, II.

(e) Repairs performed on the approved instrument shall be documented and kept on file at the forensic science laboratory. The approved instrument shall be required to pass a preventive maintenance check if the repair affects the accuracy or precision of the breath test.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

PART Saf-C 7104 QUALIFICATIONS OF INDIVIDUALS CONDUCTING TESTS

Saf-C 7104.01 Forensic Breath Testing Supervisor.

(a) Pursuant to RSA 265-A:5, the commissioner shall designate a forensic breath testing supervisor as competent and qualified to conduct such breath tests.

(b) To be considered for designation as a forensic breath testing supervisor, an applicant shall meet the following requirements:

(1) A forensic breath testing supervisor shall meet the minimum qualifications under division of personnel position classification requirements as a laboratory scientist, a criminalist, or a toxicologist; and

(2) Complete the manufacturer’s equipment maintenance course for the approved instrument.

(1) Perform preventive maintenance on the approved instrument;

(2) Certify the accuracy and precision of the approved instrument as required in Saf-C 7103.04;

(3) Train and recertify breath test operators and recertifying supervisors; and

(4) Evaluate new breath test instruments, as necessary, following the criteria for approval in accordance with Saf-C 7103.01(b).

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7104.02 Breath Test Instrument Operator/Recertifying Supervisor.

(a) Personnel certified by the commissioner, pursuant to RSA 265-A:5, V, shall be designated as a breath test instrument operator or as a recertifying supervisor.

(b) Criteria for breath test operators and recertifying supervisors shall be as follows:

(1) To be eligible for training as a breath test operator of the approved instrument, for purposes of RSA 265-A:4, the applicant shall be currently employed as a law enforcement official within the state of New Hampshire; and

(2) To be eligible as a recertifying supervisor:

a. The applicant shall meet the eligibility requirements in (1) above;

b. The applicant shall have taken and passed an approved course of training as outlined in (f) below;

c. The applicant shall be currently certified as a breath test instrument operator;

d. The applicant shall have experience in conducting actual breath tests by:

1. Maintaining the certification in accordance with (k) below for a period of not less than one year; and

2. Conducting a minimum of 10 subject tests in accordance with Saf-C 7103.02 during one calendar year.

(c) A breath test operator who has met the eligibility requirements of (b) above and has passed the approved course of training as outlined in (f) below shall be approved by the commissioner to conduct breath tests pursuant to RSA 265-A:5.

(d) A recertifying supervisor who has met the eligibility requirements of (b)(2) above shall perform the following duties:

(1) Conduct breath tests pursuant to RSA 265-A:5;

(2) Recertify breath test operators within his or her own agency in accordance with (j) below; and

(3) Assist the forensic breath testing supervisor in the training of breath test operators.

(e) Recertifying supervisors shall not recertify equipment.

(f) The course shall cover the following subject matter:

(1) The value and purpose of breath alcohol testing;

(2) The physiological action of alcohol on the human body;

(3) The pharmacology and toxicology of alcohol;

(4) The methods of alcohol analysis and theory of breath testing;

(5) The instruments and procedures for breath testing;

(6) Laboratory practice and demonstration of competency by:

a. Using proper technique in collecting a sample; and

b. Following established operating and reporting procedures; and

(7) Legal procedures and decisions affecting breath testing.

(g) A comprehensive practical and written examination shall be developed and administered by the forensic breath testing supervisor at the completion of the course.

(h) A certificate shall be issued to the breath test operator by the agency sponsoring the course of training. This certificate of training shall be submitted to the commissioner when applying for certification as a breath test operator.

(i) A breath test operator or recertifying supervisor certification shall be valid for a period of 12 months from date of issue unless terminated or revoked.

(j) A breath test operator shall renew his or her certification prior to its expiration through:

(1) Demonstration of competence in performing an analysis under the supervision of a forensic breath testing supervisor or recertifying supervisor by:

a. Using proper technique in collecting a sample; and

b. Following established operating and reporting procedures; and

(2) Completion of a review course provided by the department which shall include:

a. Instrument operating and sampling technique;

b. Analysis and reporting procedures; and

c. Procedural changes and legal decisions affecting breath testing.

(k) A certified recertifying supervisor shall renew his or her certification prior to its expiration through:

(1) Demonstration of competence in performing an analysis under the supervision of a forensic breath testing supervisor by:

a. Using proper technique in collecting a sample; and

b. Following established operating and reporting procedures; and

(2) Completion of a review course provided by the department which shall include:

a. Instrument operating and sampling technique;

b. Analysis and reporting procedures; and

c. Procedural changes and legal decisions affecting breath testing.

(l) Reinstatement of breath test operators and recertifying supervisors shall be as follows:

(1) A breath test operator's certification shall be reinstated by the forensic breath testing supervisor or recertifying supervisor if he or she meets the requirements of (j) above within one year from the date of expiration; and

(2) A recertifying supervisor's certification shall be reinstated by the forensic breath testing supervisor if he or she meets the requirements of (k) above within one year from the date of expiration.

(m) A breath test operator's or recertifying supervisor's certification shall remain valid unless expired or revoked after notice and opportunity for a hearing for any of the following reasons:

(1) Failure to follow the operating procedure for the approved instrument in accordance with Saf-C 7103.02(e);

(2) Failure to follow the procedure for reporting and keeping of records;

(3) Failure to renew certification within a 12 month period prior to expiration;

(4) Termination of employment as a law enforcement official at any time during the 12 month certification period, except for those individuals transferring from one law enforcement agency to another within the State of New Hampshire; and

(5) Failure to become reinstated after a period of one year from expiration of their last certification.

(n) To become certified again, the former breath test operator or recertifying supervisor shall attend and complete an approved course of training as described in (f) above.

(o) A breath test operator or recertifying supervisor's certification shall be revoked upon recommendation by the forensic breath testing supervisor in accordance with (m)(1) and (2) above. Notification of this revocation shall be forwarded to the breath test operator or recertifying supervisor by the commissioner by certified mail.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

PART Saf-C 7105 ADDITIONAL TEST

Saf-C 7105.01 Additional Test.

(a) At the same time as the person is requested to permit a breath test on an approved instrument to determine his or her alcohol concentration pursuant to RSA 265-A:4, he or she shall be informed by the law enforcement officer that he or she shall have the right, at his or her own expense, to have an additional test. The law enforcement officer shall provide contact information for individuals and the nearest facilities available to draw blood at that time.

(b) If an individual requests an additional test, the law enforcement officer shall provide the individual with form DSSP 428, “Request for Additional Test”, effective January 1, 2017 and collection kit. The individual shall affix his or her signature and the date on DSSP 428 as evidence of his or her request and permission for a blood sample to be drawn. The law enforcement officer shall insure that the witness to the individual’s request and permission for a blood sample to be drawn affixes his or her signature and the date and time next to the individual’s signature on form DSSP 428.

(c) If an individual waives the right for an additional test pursuant to RSA 265-A:7, the individual shall affix his or her signature and date on DSSP 428, “Request for Additional Test”, effective January 1, 2017, as evidence of his or her waiver of the additional test. If the individual waives the right for an additional test, the law enforcement officer shall insure that the witness to the individual’s waiver of right for an additional test affixes his or her signature and the date and time next to that of the individual’s signature on form DSSP 428.

(d) After an individual signs DSSP 428 evidencing permission pursuant to (b) above, or waiver pursuant to (c) above, the law enforcement officer shall retain the copy of DSSP 428 marked “Police”.

(e) Pursuant to RSA 265-A:5, I, if an individual requests a test of his or her own blood for the purpose of a test required by RSA 265-A:4, a blood sample shall be collected in accordance with these rules.

(f) Upon the disbursement of the additional test collection kit by the law enforcement officer, he or she shall complete the pre-labeled, postage paid invoice postcard with the individual’s name, address and telephone number and deposit it in the mail to the state police forensic laboratory.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7105.02 Additional Test Collection Kit.

(a) The department shall distribute to law enforcement agencies the kits used for collection of an additional test.

(b) The kit used for collection of an additional test of an individual shall be provided to the blood draw personnel by the individual, or the law enforcement agency.

(1) A commercially available gray top evacuation tube containing a preservative of sodium fluoride and an anticoagulant of potassium oxalate;

(2) Instruction sheet and FDA insert;

(3) Blood tube protector insert;

(4) 20g x 1 1/2” multi-sample needle;

(5) Venipuncture tube and needle holder;

(6) Alcohol-free PVP prep pad;

(7) Red evidence label;

(8) Ziplock bag containing one liquid absorbing sheet;

(9) Nitrile gloves;

(10) A pre-labeled and postage paid mailer; and

(11) A pre-labeled and postage paid invoice postcard.

(c) An unexpired gray top tube from another source may be substituted by the blood draw personnel if the collection container has an expiration date that has passed.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7105.03 Collection of Additional Test.

(a) Pursuant to RSA 265-A:5, I, only a duly licensed physician, registered nurse, certified physician’s assistant, phlebotomist, or qualified medical technician or medical technologist acting at the request of an individual seeking a test of his or her own blood may withdraw blood for the purpose of a test required by RSA 265-A:4.

(b) The blood draw personnel shall confirm the individual has authorized permission for the blood draw by reviewing DSSP 428 for the individual’s signature, in accordance with Saf-C 7105.01(b).

(c) The blood draw personnel shall follow its normal blood draw protocol, using a non-alcoholic cleanser and the blood tube provided in the collection kit.

(d) Once the additional test has been collected, the blood draw personnel shall complete the following on DSSP 428, ‘Request for Additional Test’, effective January 1, 2017:

(1) Date of collection;

(2) Time of collection;

(3) Name of the blood draw personnel who collected the blood sample; and

(4) The facility where the blood was collected.

(e) The blood draw personnel shall retain the copy of DSSP 428, Request for Additional Test form, effective January 1, 2017, marked “Phlebotomy”, and provide the individual with a copy of DSSP 428 marked “Subject”.

(f) The blood draw personnel shall take these steps in the following order:

(1) Invert the tube several times and return it to the original cardboard blood tube protector;

(2) Seal the blood tube protector where indicated with the red evidence label, and initial and date the seal;

(3) Place the sealed box into the ziplock bag enclosed with the kit, and close;

(4) Place the completed original DSSP 428 “Request for Additional Test” form, effective January 1, 2017, along with the bag containing the blood sample into the cardboard mailer and seal with the remaining red evidence label, initial and date the seal;

(5) Mail the kit to the:

New Hampshire State Police Forensic Laboratory

Attention: Additional Test

33 Hazen Drive

Concord, NH 03305

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7105.04 Additional Test Submission. Once an additional test taken pursuant to RSA 265-A:7 is submitted to the forensic science laboratory, the department shall hold it for 30 calendar days following receipt in the laboratory.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7105.05 Fee.

(a) The individual whose blood sample was drawn shall be responsible for payment of the administrative fee of $15.00 for the additional test.

(b) Payment may be by credit card at the department, or by mailing a check or money order along with the individual’s name, address and date of additional test draw to:

New Hampshire State Police Forensic Laboratory

Attention: Additional Test

33 Hazen Drive

Concord, NH 03305

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7105.06 Release of Additional Test for Independent Testing.

(a) An additional test held at the forensic science laboratory shall be released to the individual whose blood was collected in person at the forensic science laboratory during normal work hours when the individual:

(1) Presents proof of identification to consist of a picture photograph with signature, such as a driver’s license;

(2) Completes form DSSP 324, “Sample Release Form”, effective November, 2016; and

(3) Pays the administrative fee, pursuant to Saf-C 7105.05.

(b) Counsel for the individual whose blood was collected may obtain the additional test in hand by:

(1) Showing proof of representation of the individual whose blood was collected by providing the department with:

a. A letter on the firm’s stationary signed by counsel indicating he or she represents the individual; or

b. A copy of counsel’s appearance form filed with the court;

(2) Presenting positive proof of identification to consist of a photographic identification with signature, such as a driver’s license;

(3) Completing the sample release form, DSSP 324; and

(4) Payment of administration fee pursuant to Saf-C 7105.05.

(1) Submitting a letter on the firm’s stationary signed by counsel that includes the following statements:

a. Counsel represents the individual;

b. The name of the person designated by counsel to pick up the additional test; and

c. A statement by counsel designating the person named in (b) as an employee of the firm and authorized to pick up the additional test;

(2) Presenting positive proof of identification to consist of a photographic identification with signature, such as a driver’s license;

(3) Completing the sample release form, DSSP 324; and

(4) Payment of administration fee pursuant to Saf-C 7105.05.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7105.07 Sample Release Form.

(a) The sample release form, DSSP 324, effective November 2016, shall consist of the following information:

(1) The forensic laboratory number of the additional test;

(2) The name of the individual;

(3) Identification of the person receiving the additional test as either:

a. The individual;

b. Counsel; or

c. The person designated by counsel;

(4) The name and signature of the person receiving the additional test;

(5) The type of personal identification used;

(6) The date and time of release of additional test to the person identified; and

(7) The name of the forensic science laboratory employee releasing the sample.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

PART Saf-C 7106 INDEPENDENT LABORATORY ACCREDITATION

Saf-C 7106.01 Laboratory Accreditation, Independent Analysis. Any laboratory that performs an analysis of an additional test to determine its alcohol concentration pursuant to RSA 265-A:7, shall be accredited by a nationally recognized accrediting body pursuant to RSA 265-A:5, V.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

Saf-C 7106.02 Method of Analysis of Additional Test by Independent Laboratory.

(a) An independent laboratory shall employ the following in its analytical method:

(1) Gas chromatography; and

(2) Internal standard.

(b) When the result of the breath test is challenged by the additional test analysis, the independent laboratory shall provide to the opposing party:

(1) Proof of the independent laboratory’s accreditation for the period encompassing the date of analysis;

(2) A copy of the additional test analysis report;

(3) A copy of the run log for the day the subject’s additional test was analyzed;

(4) Copies of the gas chromatograph instrument printouts of the subject’s additional test results.

(5) Copies of all the gas chromatograph instrument printouts of the blanks, standards, and controls analyzed on the day the additional test was analyzed; and

(6) Documentation of any repairs or preventive maintenance performed on the gas chromatograph instrument within a 2 month period before and after the analysis of the subject’s additional test.

Source. #12064, INTERIM, eff 1-1-17, EXPIRES: 6-30-17; ss by #12216, eff 6-30-17

APPENDIX

Rule	Specific State or Federal Statutes or Regulations which the Rule Implements

Saf-C 7101	RSA 541:A:7
Saf-C 7102	RSA 541-A:7
Saf-C 7103.01(a).	RSA 265-A:5, V & RSA 265-A:12, IV
Saf-C 7103.01(b) to 7103.03	RSA 265:5, V
Saf-C 7103.04(a)–(d)	RSA 265-A:5,V, V(f) & RSA 265-A:12, II
Saf-C 7103.04(e)	RSA 265-A:5, V(f)
Saf-C 7104	RSA 265:85, V(b)
Saf-C 7105.01-7105.06	RSA 265-A:5, RSA 265-A:7 & RSA 265-A:8, I
Saf-C 7105.07	RSA 541-A:19-b
Saf-C 7106.01	RSA 265:85, V(e)
Saf-C 7106.02(a)	RSA 265-A:5, V(a) & (e)
Saf-C 7106.02(b)	RSA 265-A:5, V(d)