5 ADMINISTRATIVE RULES  

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    SOAHR (2004-051 SP) DEPARTMENT OF STATE POLICE FORENSIC SCIENCE DIVISION

    ALCOHOL AND DRUG TESTING OF BIOLOGICAL AND NONBIOLOGICAL SPECIMENS

     

    Filed with the Secretary of State on May 13, 2005

    These rules take effect 7 days after filing with the Secretary of State

     

    (By authority conferred on the department of state police by section 190 of 1945 PA 327, MCL 259.190, section 625a of 1949 PA 300, MCL 257.625a)

     

    R 325.2671, 325.2672, 325.2673, and 325.2674 of the Michigan Administrative Code are amended to read as follows:

     

    R 325.2671  "Control sample" defined.

    Rule 1. "Control sample" means a sample of known concentration that is used to verify the calibration and accuracy of a given analytical method.

     

    R 325.2672  Tests; application; expression of results; filing.

    Rule 2. (1) Tests to determine the presence or concentration, or both, of alcohol or other drugs, or both, may be applied to blood, urine, or other biological samples. Results of blood alcohol analysis shall be expressed in percent weight of ethyl alcohol (weight per unit volume) equivalent to grams per 100 milliliters. Results of urine alcohol analysis shall be expressed as weight per unit volume of ethyl alcohol, equivalent to either grams per 100 milliliters, or grams per 67 milliliters. Where applicable, results of analysis for drugs or other volatiles shall be expressed as weight per unit volume.

    (2)    Serum or plasma alcohol concentrations shall be expressed as an equivalent whole blood alcohol concentration.

    (3)    Tests to determine the concentration of alcohol may be applied to nonbiological samples. Results shall be expressed in percent volume of ethyl alcohol (volume per unit volume).

    (4)    At least 1 copy of the written method or methods or techniques that are utilized in the laboratory shall be on file in that laboratory.

     

    R 325.2673  Acceptable techniques.

    Rule 3. The following are examples of acceptable techniques, analyzers, and kits for determining the presence or concentration, or both, of alcohol and other drugs in blood, urine, or other various matrices or media:

    (a)    Direct distillation/dichromate oxidation methods as follows:

    (i)    "Dubowski and Withrow," proc. Am. acad for sci, 2:323, 1952.

    (ii)    "Shupe and Dubowski," Am J clin path., 22:901, 1952.

     

     

    (b)     Gas chromatograph method using a gas chromatograph that has satisfactory accuracy, precision, sensitivity, and a suitable column for direct injection or head-space gas chromatography for ethyl alcohol and other volatiles.

    (c)    Gas chromatography/mass spectrometry method using a gas chromatograph and mass spectrometer that have satisfactory accuracy, precision, sensitivity, and a suitable column for direct injection or head- space gas chromatography for identification of drugs or compounds other than ethanol.

    (d)      Spectrophotometric methods as follows:

    (i)      Williams, Louis A. CRC Manual of Analytical Toxicology, 1971, p. 309

    (ii)    Freireich A. et al. CRC Methodology for Analytical Toxicology, 1975, pp. 67-69.

    (e)    Enzymatic and immunological methods as follows:

    (i)    "Stiles, et al.," Am J clin path., 46:608, 1966.

    (ii)    "Bonnichsen and Lundgren," J Acta pharmacol toxicol., 13:256, 1957.

    (f)    Analyzers and kits as follows:

    (i)    CalBiochem-Behring ethyl alcohol kit.

    (ii)    Dupont ACA instrument using ethyl alcohol (ALC) kit.

    (iii)    Sigma diagnostics alcohol (ethanol) kit.

    (iv)    Abbott diagnostics TDx ethanol kit.

    (v)    Abbott diagnostics AxSym Autoanalyzer reagent systems.

     

    R 325.2674  Calibration.

    Rule 4. Calibration of the method or equipment used to test for alcohol or other drugs for which quantitative analysis is performed in blood, urine, or other biological or nonbiological samples shall be verified through the use of control samples each day that tests are run. Results of the control samples shall be documented and retained by the laboratory for a minimum of 1 year.