§ 32:663 — Approval of testing methods by Department of Public Safety and Corrections

§663. Approval of testing methods by Department of Public Safety and Corrections
A.(1) Chemical analyses of the person's blood, urine, breath, or other bodily
substance, to be considered valid under the provisions of this Part, shall have been performed
according to methods approved and promulgated by the Department of Public Safety and
Corrections and performed by an individual or laboratory possessing a valid permit issued
by said department for the purposes set forth in this Part. The Department of Public Safety
and Corrections is authorized to approve satisfactory techniques or methods, to ascertain the
qualifications and competence of individuals or laboratories to conduct such analyses, and
to issue permits which shall be subject to termination or revocation at the discretion of the
department in accordance with regulations approved and promulgated by the department
pursuant to the Administrative Procedure Act.
(2) Chemical analyses of a person's blood, urine, breath, or other bodily substance
may be conducted by an out-of-state individual or laboratory provided that the chemical
analyses are performed in accordance with the methods approved and promulgated by the
Department of Public Safety and Corrections or are performed by an individual or laboratory
possessing a valid permit. Such analyses shall be considered valid under the provisions of
this Part and admissible and competent evidence in the courts of this state and in
administrative law hearings if performed in accordance with the methods approved and
promulgated by the Department of Public Safety and Corrections or are performed by an
individual or laboratory possessing a valid permit.
B. The Department of Public Safety and Corrections may use an individual's current
certification to a nationally or internationally recognized certification body or a laboratory's
current accreditation to an accreditation program based on the international standard,
ISO/IEC 17025, with an accreditation scope that includes toxicology or blood alcohol, in its
determination of the qualifications and competence of individuals or laboratories as required
by Subsection A of this Section prior to the issuance of a permit.
C. Issuance of a permit to such a certified individual or laboratory makes all
laboratory forensic test results conducted on a person's blood, urine, or other bodily
substance by such individual or laboratory valid under the provisions of this Part, and
admissible and competent evidence of intoxication in any court of law or administrative
hearing.

Legislative History

Added by Acts 1968, No. 273, §14. Amended by Acts 1977, No. 533, §1; Acts 1999, No. 1212, §1; Acts 2008, No. 492, §1, eff. June 25, 2008; Acts 2008, No. 536, §1, eff. June 30, 2008; Acts 2009, No. 183, §1; Acts 2015, No. 111, §1, eff. July 1, 2015; Acts 2018, No. 506, §1.