11D-8.014(1): Reduces the number of proficiency testing cycles from four times per calendar year to two times per calendar year. According to international accreditation standards, forensic science disciplines should be proficiency tested at least ...

 

DEPARTMENT OF LAW ENFORCEMENT

Division of Local Law Enforcement Assistance

RULE NO.:RULE TITLE:

11D-8.014Blood Alcohol Permit – Analyst: Renewal

PURPOSE AND EFFECT: Subsection 11D-8.014(1), F.A.C.: Reduces the number of proficiency testing cycles from four times per calendar year to two times per calendar year. According to international accreditation standards, forensic science disciplines should be proficiency tested at least once per calendar year. Having the permitted blood alcohol analysts complete four proficiency test cycles each calendar year is a costly and places an undue burden on toxicology laboratories. Reducing the number of proficiency testing cycles to twice per year removes the undue burden while maintaining high standards that exceed accreditation standards.

Subsection 11D-8.014(2), F.A.C.: Removes the option to not participate in a proficiency test cycle since the number of testing cycles is being reduced. This change is necessary to bring the rule language in agreement with the proposed proficiency testing cycles in subsection (1).

Subsection 11D-8.014(4), F.A.C.: Changes to four sets of samples to coincide with the new proficiency testing cycles. This change is necessary to bring the rule language in agreement with the proposed proficiency testing cycles in subsection (1).

SUBJECT AREA TO BE ADDRESSED: Blood Alcohol Analyst Permit Renewal process; number proficiency test cycles; and number of sets of proficiency test samples.

RULEMAKING AUTHORITY: 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS.

LAW IMPLEMENTED: 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: January 24, 2014, 9:00 a.m.

PLACE: Florida Department of Law Enforcement, 2331 Phillips Road, Classroom A, Tallahassee, Florida 32308

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Patrick Murphy at [phone] or [e-mail] or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, Alcohol Testing Program, 2331 Phillips Road, Tallahassee, Florida 32308. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Patrick Murphy at [phone] or [e-mail] or write to Florida Department of Law Enforcement, Criminal Justice Professionalism, Alcohol Testing Program, 2331 Phillips Road, Tallahassee, Florida 32308

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

11D-8.014 Blood Alcohol Permit – Analyst: Renewal.

(1) Permits to conduct blood alcohol analyses shall remain valid until otherwise suspended or revoked by the Department. In order to remain qualified for such permit, an analyst must satisfactorily determine the blood alcohol level of at least 2 two (2) proficiency samples provided by the Department semiannually each annual quarter. Satisfactory determination shall be made by reporting results for blood alcohol proficiency samples within the acceptable range for the samples. For blood alcohol testing acceptable ranges shall mean the calculated proficiency sample mean + or - 3 standard deviations iterated twice. The mean and standard deviations will be calculated using the results reported by the analysts and reference laboratories.

(2) An analyst, who is in good standing, may elect to not participate in one proficiency test cycle each calendar year. The analyst must notify the Department in writing, of his/her election prior to the date the proficiency test results must be reported to the Department.

(2)(3) Upon notification by the Department that an analyst has failed to satisfactorily determine the blood alcohol level on any set of proficiency samples, the analyst shall be required to satisfactorily determine the blood alcohol level of a second set of five proficiency samples provided by the Department.

(3)(4) Upon notification by the Department that an analyst has failed to satisfactorily determine the blood alcohol level on a second set of proficiency samples, the analyst shall not perform any duties authorized by the analyst’s permit until the analyst satisfactorily determines the blood alcohol level of a subsequent set of proficiency samples provided by the Department. This section shall not preclude the Department from taking further action in accordance with Rule 11D-8.015, F.A.C.

(4)(5) Failure to satisfactorily determine the blood alcohol level of any 4 six (6) sets of proficiency samples provided by the Department within a 12-month twelve (12) month period shall result in revocation of the blood analyst permit.

Rulemaking Specific Authority 316.1932(1)(a)2., (f)1., 322.63(3)(a), 327.352(1)(b)3. FS. Law Implemented 316.1932(1)(b), 316.1933(2)(b), 316.1934(3), 322.63(3)(b), 327.352(1)(e), 327.353(2), 327.354(3) FS. History–New 10-31-93, Amended 1-1-97, 11-5-02,__________.