(a) Breath Alcohol Operator certification. - (i) The candidate must successfully complete a minimum of eight (8) hours of instruction by a senior operator or the state agency, including instruction in all of the following subject matters and must pass a final written examination:
- (A) Effects of alcohol on the human body.
- (B) Operational principles of the selected testing method, which shall include a fiinctional 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; and
- (F) Pass a final written examination prepared by the state agency, with at least 70 percent correct.
- (ii) Maintaining Certification.
To maintain certification an Operator shall perform a minimum of one (1) checklist every two (2) months. These checklists may be subject tests, reference alcohol solutions or completion of a checklist in the presence of the Senior Operator. Reports of original certification and continued certification/recertification for each operator shall be kept on file and maintained by the Senior Operator. In case of noncompliance, the state agency may revoke certification of either or both permits of the Operator and the Senior Operator.
- (iv) Recertification.
Operators who have held a valid permit within the last twelve (12) months, but whose permit has lapsed or been revoked may again be granted a permit by completing four (4) hours of refresher training conducted by a Senior Operator or the state agency, and must satisfactorily complete ten (10) checklists and pass a written examination prepared by the state agency. An Operator's permit may be reinstated after successful demonstration of the ability to perform the procedure properly or completion of the training referenced in this paragraph at the state agency's discretion. 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.
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 often (10) completed checklists on the additional or new equipment and must take and pass a written examination prepared by the state agency.
(b) Breath Alcohol Senior Operator certification. - (i) A candidate for Senior Operator certification must successfully complete a minimum of sixteen (16) hours of instruction by the state agency including instruction in the following subject matters and must pass a written examination:
- (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; and
- (ii) For certification on a different breath testing instrument a Senior Operator shall complete the following requirements: four (4) hours of training by the state agency in the operation of the new unit, including performance often (10) completed checklists on the new unit and passing a written examination. This certification procedure 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 certification. - (i) A candidate's minimum qualifications shall include a bachelor's degree in one of the chemical, physical or biological sciences and, at least one year of pertinent experience, as determined by the state agency. Other combinations of training and experience submitted in support of the one (1) year of pertinent 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) percent. 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 often (10) proficiency samples from the state agency at least once a year, except as stated in Section 5 below.
- (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 to the state agency. A person certified under this subsection need not meet the requirements in subsection (a) to be certified as a breath alcohol operator.