65-1,107. Secretary of health and environment to adopt rules and regulations relating to procedures, testing protocols, qualifications of personnel and equipment of certain laboratories; list of appro - Kansas Statutes

65-1,107

Chapter 65.--PUBLIC HEALTH Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES

      65-1,107.   Secretary of health and environment toadopt rules andregulations relating to procedures, testing protocols, qualifications ofpersonnel and equipmentof certain laboratories; list of approved preliminary screening devices fortesting of breath for law enforcement purposes.The secretary of health and environment may adopt rules and regulationsestablishing:

      (a)   The procedures, testing protocols and qualifications of authorizedpersonnel, instruments and methods used in laboratories performing tests forthe presence of controlled substances includedin schedule I or II of the uniform controlled substances act or metabolitesthereof;

      (b)   the procedures, testing protocols, qualifications of personnel andstandards ofperformance in the testing of human breath for law enforcement purposes,including procedures for the periodic inspection of apparatus, equipmentand devices, other than preliminary screening devices, approved by thesecretary of health and environment for the testing of human breath for lawenforcement purposes;

      (c)   the requirements for the training, certification andperiodic testing of persons who operate apparatus, equipment or devices,other than preliminary screening devices, for the testing of human breathfor law enforcement purposes;

      (d)   criteria for preliminary screening devices for testingof breath for law enforcement purposes, based on health and performanceconsiderations; and

      (e)   a list of preliminary screening devices which areapproved for testing of breath for law enforcement purposes and which lawenforcement agencies may purchase and train officers touse as aids in determining: (1) Probable cause to arrest and grounds forrequiringtesting pursuant to K.S.A. 8-1001, and amendments thereto; and (2)violations of K.S.A. 41-727, and amendments thereto.

      History:   L. 1947, ch. 330, § 3; L. 1973, ch. 307, § 3; L. 1974, ch.352, § 169; L. 1986, ch. 40, § 7; L. 1988, ch. 233, § 1;L. 1990, ch. 215, § 1;L. 1994, ch. 262, § 1;L. 2001, ch. 200, § 16;L. 2006, ch. 173, § 8; July 1.