65-1,109. Testing human breath for law enforcement purposes; unlawful acts; penalty. - Kansas Statutes

65-1,109

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

      65-1,109.   Testing human breath for law enforcement purposes;unlawful acts; penalty.(a) It shall be unlawful for any person to make any test of the humanbreath for law enforcement purposes, unless:

      (1)   Such person has complied with the rules and regulations of thesecretary of health and environment adopted pursuant to K.S.A. 65-1,107and amendments thereto to govern the procedures, standards of performanceand the qualifications, training, certification and annual testing ofpersonnel for the testing of human breath for law enforcement purposes; and

      (2)   the apparatus, equipment or device used by such person in thetesting of human breath for law enforcement purposes is of a typeapproved by the secretary of health and environment and otherwisecomplies with the rules and regulations of the secretary of health andenvironment adopted pursuant to K.S.A. 65-1,107 and amendments thereto togovern the periodic inspection of such apparatus, equipment and devices.

      (b)   Any person who violates any provision of subsection (a) shall beguilty of a class C misdemeanor.

      (c)   Nothing in this section shall be construed to prohibit the use ofdevices approved pursuant to K.S.A. 65-1,107 and amendments thereto forpreliminary screening tests for law enforcement purposes.

      History:   L. 1973, ch. 307, § 4; L. 1974, ch. 352, § 171; L.1975, ch. 312, § 6; L. 1986, ch. 40, § 8; July 1.