PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-16-080.
Title of Rule and Other Identifying Information: Blood alcohol analysis.
Hearing Location(s): General Administration Building Auditorium, 210 11th Avenue, Olympia, WA 98504-2600, on October 27, 2010, at 11:30 a.m.
Date of Intended Adoption: October 28, 2010.
Submit Written Comments to: Dr. Fiona Couper, WSP Toxicology Lab, 2203 Airport Way South, Suite 360, Seattle, WA 98134, e-mail Fiona.couper@wsp.wa.gov, fax (206) 262-6145, by October 26, 2010.
Assistance for Persons with Disabilities: Contact Melissa Van Gorkom by October 25, 2010, (360) 596-4017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Language changes to reflect current laboratory procedures for analyzing and reporting blood alcohol concentrations, and provide clean-up language.
Reasons Supporting Proposal: Updates to reflect current procedures and clean up existing language.
Statutory Authority for Adoption: RCW 46.61.506.
Statute Being Implemented: RCW 46.61.506.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent:
Name of Agency Personnel Responsible for Drafting and Implementation: Dr. Fiona Couper, 2203 Airport Way South, Suite 360, Seattle, WA 98134, (206) 262-6100; and Enforcement: Washington State Patrol, 2203 Airport Way South, Suite 360, Seattle, WA 98134, (206) 262-6100.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The language being proposed is to implement existing processes.
A cost-benefit analysis is not required under RCW 34.05.328.
September 16, 2010
John R. Batiste
Chief
OTS-3629.1
AMENDATORY SECTION(Amending Order 4, filed 7/9/70)
WAC 448-14-010
Criteria for approved methods of
quantitative analysis of blood samples for alcohol.
Any
quantitative blood alcohol analysis method which meets the
following criteria is approved by the state toxicologist and
may be used in the state of Washington. Analysis of urine for
estimation of blood alcohol concentrations is not approved by
the state toxicologist in the state of Washington.
The blood analysis procedure should have the following capabilities:
(1) Precision and accuracy.
(a) The method ((shall)) will be capable of replicate
analyses by an analyst under identical test conditions so that
consecutive test results on the same date agree with a
difference which is not more than 3% of the mean value of the
tests. This criterion is to be applied to blood alcohol
levels of 0.08((%)) grams of alcohol per 100 mL and higher.
(b) Except for gas chromatography, the method should be calibrated with water solutions of ethyl alcohol, the strength of which should be determined by an oxidimetric method which employs a primary standard, such as United States National Bureau of Standards potassium dichromate.
(c) The method ((shall)) will give a test result which is
always less than 0.005((%)) grams of alcohol per 100 mL when
alcohol-free living subjects are tested.
(2) Specificity.
(a) On living subjects, the method should be free from interferences native to the sample, such as therapeutics and preservatives; or the oxidizable material which is being measured by the reaction should be identified by qualitative test.
(b) Blood alcohol results on post-mortem samples should not be reported unless the oxidizable substance is identified as ethanol by qualitative test.
[Order 4, § 448-14-010, filed 7/9/70; Emergency and Permanent Order 3, § 448-14-010, filed 9/23/69.]
(a) The analytical procedure should include:
(i) A control test
(ii) A blank test
(iii) Duplicate analyses that ((should)) agree to within
((0.01% blood alcohol deviation from the)) plus or minus ten
percent of their mean.
(b) All sample remaining after analysis should be retained for at least three months under suitable storage conditions for further analysis if required.
(c) Each analyst ((shall)) will engage in a proficiency
test program in which some blood samples containing alcohol
are exchanged with other laboratories and tested ((on a blind
basis)) so that the proficiency of each analyst and the
precision and accuracy of the test method can be evaluated no
less than one time per year.
(2) Reporting procedure.
(a) The results should be expressed as grams of alcohol
per 100 ((ml)) mL of whole blood sample.
(b) The analysis results should be reported to two
significant figures((, using the mathematical rule of
rounding)).
(c) Blood alcohol results on living subjects ((0.0009%))
of 0.009 grams of alcohol per 100 mL or lower ((shall)) will
be reported as negative. Blood alcohol results on post-mortem
samples of 0.019((%)) grams of alcohol per 100 mL or less
((shall)) will be reported as negative. (See WAC 448-14-010
(2)(b))
(3) Sample container and preservative.
(a) A chemically clean dry container consistent with the
size of the sample with an inert leak-proof stopper ((shall))
will be used.
(b) Blood samples for alcohol analysis ((shall)) must be
preserved with an anticoagulant and an enzyme poison
sufficient in amount to prevent clotting and stabilize the
alcohol concentration. Suitable preservatives and
anticoagulants include the combination of sodium fluoride and
potassium oxalate.
[Order 4, § 448-14-020, filed 7/9/70; Emergency and Permanent Order 3, § 448-14-020, filed 9/23/69.]
(2) The state toxicologist ((shall)) will issue a blood
alcohol analyst permit to each person ((he finds)) found to be
properly qualified, and ((he shall)) will hold written, oral
or practical examinations to aid ((him)) the state
toxicologist in judging qualifications of applicants. Such
permits ((shall)) will bear the signature or facsimile
signature of the state toxicologist and be dated.
(3) The blood alcohol analyst permits are subject to cancellation by the state toxicologist if the permittee refuses or fails to obtain satisfactory results on samples periodically distributed to the permittees by the state toxicologist.
[Order 4, § 448-14-030, filed 7/9/70; Emergency and Permanent Order 3, § 448-14-030, filed 9/23/69.]