23.18.313 REMOTE BREATH TESTING
(1) Only remote breath testing devices and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the program.
(2) The following definitions apply to a remote breath testing regimen:
(a) "Confirmation test" or "confirmatory test" is the final breath alcohol test used to determine if a participant violated the requirements of the program.
(b) "Confirmed no show" means a pending no show that is unexcused and confirmed. A confirmed no show is a non-compliant event.
(c) "Confirmed tamper" means an instance where a participant attempts to foil the testing process or alter the test result, with or without success.
(d) "Deprivation period" means the time required between a non-negative initial test and a confirmatory test. During a deprivation period, the participant is instructed to remove any non-fixed foreign material from their mouth and to not place any new foreign matter into their mouth.
(e) "Excused no show" means a pending no show that is excused by the participant's supervisor. An excused no show is not a non-compliant event.
(f) "Initial test" is a first test that screens out compliant participants. Participants with a non-negative initial test are subject to a confirmatory breath alcohol test.
(g) "Negative for the presence of alcohol" means the initial or confirmatory test results are less than 0.020 G/210L, where G means the weight of alcohol in grams and L means the volume of breath in liters.
(h) "Non-negative test result" means the initial test results are greater than or equal to 0.020 G/210L, where G means the weight of alcohol in grams and L means the volume of breath in liters. Non-negative tests are compliant tests.
(i) "Pending no show" means a scheduled test for which a participant did not appear or did not provide an initial sample for analysis, but the no show is not yet resolved by the participant's supervisor.
(j) "Positive for the presence of alcohol" means the initial and confirmatory test results where both results are 0.020 G/210L or greater, where G means the weight of alcohol in grams and L means the volume of breath in liters.
(k) "Refusal to test" means a participant's unwillingness to provide a confirmatory test after an initial test. This is a non-compliant event.
(3) At least once a day, remote breath alcohol monitoring devices must transmit stored test data to the remote breath alcohol monitoring system for interpretation and storage.
(4) At least once a day, a remote breath alcohol monitoring system must transmit collected enrollment and test data into the data management system through a department-approved interface. The uploaded data shall include recently collected data with a date stamp for the day the data was collected and the day the results were generated. If all of the tests for a day have been collected, but not confirmed, a message indicating that the data for that day are "in process" should be transmitted. No data or message should be transmitted for a day where data has yet to be collected from the testing device. Once confirmed data has been successfully uploaded to the data management system, it should not be uploaded again unless the data system requests it.
(5) Required data includes the following:
(a) enrollment data as outlined in ARM 23.18.303(4);
(b) the instrument's identification;
(c) the name of the instrument owner;
(d) the program start and end dates;
(e) the instrument acceptance date;
(f) the data transfer type;
(g) the days monitored;
(h) the number of analyses performed daily;
(i) any confirmed test results, including a refusal to provide a confirmation test, a confirmed no show, or an excused no show, with the time, date, and if the test result is positive, the alcohol concentration;
(j) the instrument return date;
(k) the returned instrument's identification;
(l) the reason for the instrument's return;
(m) the reason for the participant's program termination; and
(n) the date and time of the participant's program termination.
(6) Remote breath alcohol testing devices must conduct between three and six tests per day, with two of the tests twelve hours apart.
History: 44-4-1204, MCA; IMP, 44-4-1203, 44-4-1204, MCA; NEW, 2020 MAR p. 2407, Eff. 12/25/20.