Type I Permit

PURPOSE: This rule establishes the qualifications, duties, and responsibilities of a Type I permittee and the standards for laboratories in which Type I permittees perform testing. (1) A Type I permit, included herein, authorizes an individual to perform analyses of blood, saliva, or urine for blood alcohol content and to perform analyses of blood, saliva, or urine for the presence of drugs. (2) An applicant for a Type I permit shall not be less than twenty-one (21) years of age and shall possess a baccalaureate degree in chemical, physical, or biological science from an accredited college or university. The applicant shall also complete an application for a Type I permit, included herein. (A) To perform analyses of blood, saliva, or urine for drugs or blood alcohol content, the applicant shall have performed a biennial forensic proficiency test provided by an outside company for each type of substance, alcohol, or drugs, for which a permit is requested. A copy of the proficiency test results achieved shall accompany the permit application. (B) If the applicant does not perform proficiency tests, the applicant may qualify for a permit to perform analysis of blood, saliva, or urine for blood alcohol content by satisfactorily analyzing three (3) check specimens provided from the department. The results reported on the three (3) samples shall be within five percent (5%) of the true value. A second set of three (3) check samples shall be sent to the applicant if the results from the first set were unsatisfactory. If the results from the second set of check samples are unsatisfactory, the department shall return the application. Any further efforts to meet this condition for completion of the application shall be made at the discretion of the department based on the nature of the problem; the ability of the applicant; and the facility, equipment, and methods that were employed. A copy of the check specimen results achieved shall accompany the permit application. (3) Laboratories wherein analyses are performed by Type I permit holders shall maintain complete records of testing, quality assurance data, logbooks, and other documentation related to the performance of tests as established under general standards of laboratory practice and chain-of-custody procedures. (A) Laboratories wherein analyses are performed by Type I permit holders shall be subject to audits by the department regarding any and all records referenced herein. (B) Laboratories that perform analyses of blood, saliva, or urine for the presence of drugs shall hold a forensic drug testing accreditation through the College of American Pathologists (CAP), an accreditation through the American Board of Forensic Toxicologists (ABFT), or an accreditation through an accreditation body that is a signatory of the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement (ILAC MRA). This accreditation shall include an annual forensic proficiency test on each biological matrix (blood, saliva, or urine) tested. A copy of the certification for each laboratory shall be supplied to the Missouri State Public Health Laboratory upon request. (4) Type I permits issued prior to the effective date of this rule shall be considered valid under the conditions of this rule. (5) Type I permit applications completed prior to the effective date of this rule shall be considered valid under the conditions of this rule. AND SENIOR SERVICES AND SENIOR SERVICES 7 AND SENIOR SERVICES AUTHORITY: sections 192.006, 577.020, and 577.037, RSMo 2016.* This rule previously filed as 19 CSR 20-30.021. Original rule filed July 15, 1988, effective Sept. 29, 1988. Changed to 19 CSR 25-30.021 Jan. 1, 1995. Amended: Filed May 31, 2012, effective Dec. 30, 2012. Amended: Filed Oct. 1, 2019, effective March 30, 2020. Amended: Filed Nov. 1, 2022, effective June 30, 2023. *Original authority: 192.006, RSMo 1993, amended 1995; 577.020, RSMo 1977, amended 1982, 1983, 1996, 1998, 2001, 2006, 2014; and 577.037, RSMo 1982, amended 1983, 1988, 1993, 1996, 2001, 2014, 2016. Stuart v. Director of Revenue, 761 S.W.2d 234 (Mo. App. 1988). A Type II permittee is qualified to testify as an expert on technical matters and permissible temperature tolerances. Miller v. Director of Revenue, 719 S.W.2d 787 (Mo. banc 1986); Elkins v. Director of Revenue, 728 S.W.2d 567 (Mo. App. 1987). Possession of a permit is a matter within the personal knowledge of the permittee. Testimony by a permittee is sufficient to prove the permittee’s qualifications to administer the tests.