WSR 10-19-094

PROPOSED RULES

WASHINGTON STATE PATROL


[ Filed September 20, 2010, 8:50 a.m. ]

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.]


AMENDATORY SECTION(Amending Order 4, filed 7/9/70)

WAC 448-14-020   Operational discipline of blood samples for alcohol.   (1) Analytical procedure.

(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.]


AMENDATORY SECTION(Amending Order 4, filed 7/9/70)

WAC 448-14-030   Qualifications for a blood alcohol analyst.   (1) Minimum qualifications for the issuance by the state toxicologist of a blood alcohol analyst permit ((shall)) will include college level training in fundamental analytical chemistry with a minimum of five quarter hours of quantitative chemistry laboratory or equivalent, with a passing grade.

(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.]

Washington State Code Reviser's Office