HAR §11-114-18. Laboratories

(a) With the exception of the provisions in section 286-153, HRS, no laboratory shall perform alcohol tests pursuant to this subchapter without an alcohol testing laboratory license issued by the director of health. (b) A laboratory may qualify for and maintain a license to conduct alcohol testing if the director of health determines that the laboratory has met all of the following requirements: (1) Is physically located in this State; (2) Is licensed by the department as a clinical laboratory; (3) Has adequate facilities, personnel, equipment, and instrumentation; (4) Includes in its staff an alcohol testing supervisor who is qualified under section 11- 114-19; (5) Uses alcohol testing procedures approved in writing by the DUI coordinator or previously approved by the director of health as required by section 11-114-22 and demonstrates proficiency in those procedures; (6) Has a quality assurance program approved in writing by the DUI coordinator which includes a chain of custody procedure; and (7) Participates in and meets the requirements of a performance evaluation program for alcohol testing approved in writing by the DUI coordinator as required by section 11-114-21 at no cost to the department. (c) A license for a laboratory to perform alcohol tests shall be effective for up to twelve months from the date of issuance. (d) The alcohol testing supervisor of a licensed §11-114- 114-16 laboratory shall notify the DUI coordinator in writing within thirty days if the laboratory ceases operation or of any changes as they occur with regard to subsection (b) and shall also provide an updated list yearly of all employed alcohol analysts involved with alcohol testing. (e) The director of health may revoke the license to perform alcohol testing of any laboratory which fails to conform to the requirements of this subchapter. [EffJDECJ30,J1993JJ] (Auth: HRS §321-161) (Imp: HRS §§321-161; 286-2; 286-151; 286-152; 286-153; 286-154; 286-155.5; 286-158; 286-160; 286-162; 286-163; 286-171; 286-251; 286-254; 286-255; 286-256; 286-257; 286-258; 286-259; 291-4; 291-4.5; 291-5; 291-6; 291C- 162; 321-1; 321-9; 321-10; 321-11; 321-13; 321-14; 321- 18; 321-19; 321-20)