SECTIONS 100700-100775 - California Statutes

HEALTH AND SAFETY CODE

SECTION 100700-100775

100700. (a) Laboratories engaged in the performance of forensic
alcohol analysis tests by or for law enforcement agencies on blood,
urine, tissue, or breath for the purposes of determining the
concentration of ethyl alcohol in persons involved in traffic
accidents or in traffic violations shall comply with Group 8
(commencing with Section 1215) of Subchapter 1 of Chapter 2 of
Division 1 of Title 17 of the California Code of Regulations, as they
exist on December 31, 2004, until the time when those regulations
are revised pursuant to Section 100703.
(b) Notwithstanding subdivision (a), the department shall not
require laboratories to be licensed.

100701. All laboratories that are subject to the requirements of
Section 100700 shall ensure that breath alcohol instruments and
calibrating devices used in testing are listed in the conforming
products list in the Federal Register by the National Highway Traffic
Safety Administration of the United States Department of
Transportation.

100702. (a) All laboratories that are subject to the requirements
of Section 100700 shall follow the American Society of Crime
Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB)
guidelines for proficiency testing. The required proficiency test
must be obtained from any ASCLD/LAB approved test provider.
(b) Each laboratory shall participate annually in an external
proficiency test for alcohol analysis.
(c) Each examiner shall successfully complete at least one
proficiency test annually.
(d) Each laboratory shall have a procedure in writing that
describes a review of proficiency test results, and, if applicable,
the corrective action taken when proficiency test results are
inconsistent with expected test results.

100703. (a) On or before July 1, 2005, the department shall
establish a review committee.
(b) The review committee shall have eight members, including one
person representing each of the following:
(1) Prosecuting attorneys.
(2) Law enforcement agencies.
(3) Defense attorneys.
(4) Coroners, pathologists, or medical examiners.
(5) Criminalists.
(6) Toxicologists.
(7) Crime laboratory directors.
(8) The State Department of Health Services.
(c) The review committee shall meet at least once in each
five-year period after its initial meeting, or within 60 days of
receipt of a request by the department or a member of the review
committee.
(d) The review committee shall evaluate Group 8 (commencing with
Section 1215) of Subchapter 1 of Chapter 2 of Division 1 of Title 17
of the California Code of Regulations and determine revisions that
will limit those regulations to those that the review committee
determines are reasonably necessary to ensure the competence of the
laboratories and employees to prepare, analyze, and report the
results of the tests and comply with applicable laws. The review
committee shall submit a summary of revisions to the California
Health and Human Services Agency.
(e) Within 90 days of receiving the review committee's revisions,
the California Health and Human Services Agency may disapprove of one
or more of the revisions.
(f) (1) Except as provided in paragraph (2), the department shall
adopt regulations pursuant to this section that shall incorporate the
review committee's revisions. Nothing in this section shall be
construed as exempting the regulations from the requirements of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(2) The department shall not adopt regulations to incorporate any
review committee revisions that were disapproved under subdivision
(e).

100725. On or after January 1, 1971, the department shall enforce
this chapter and regulations adopted by the department.

100775. Any ampoules and their contents employed in a breath
alcohol analysis test may be destroyed by the law enforcement agency
in possession of them one year after the date of collection of the
breath sample.