Methods of conducting chemical analyses
- • duties of Department of State Police
- • reports
- • costs
(1) A chemical analysis is valid under ORS 813.300 (Use of blood alcohol percentage as evidence) if:
(a) It is an analysis of a persons blood for alcohol content and is performed in:
(A) A laboratory certified or accredited under 42 C.F.R. part 493 and approved for toxicology testing;
(B) A laboratory licensed under ORS 438.110 (Standards for issuance and renewal of laboratory license) and approved for toxicology testing; or
(C) A forensic laboratory established by the Department of State Police under ORS 181A.150 (Forensic laboratories) that is accredited by a national forensic accrediting organization.
(b) It is an analysis of a persons breath and is performed by an individual possessing a valid permit to perform chemical analyses issued by the Department of State Police and is performed according to methods approved by the Department of State Police. For purposes of this paragraph, the Department of State Police shall do all of the following:
(A) Approve methods of performing chemical analyses of a persons breath.
(B) Prepare manuals and conduct courses throughout the state for the training of police officers in chemical analyses of a persons breath, which courses shall include, but are not limited to, approved methods of chemical analyses, use of approved equipment and interpretation of test results together with a written examination on these subjects.
(C) Test and certify the accuracy of equipment to be used by police officers for chemical analyses of a persons breath before regular use of the equipment and periodically thereafter at intervals of not more than 90 days. Tests and certification required by this subparagraph must be conducted by trained technicians. Certification under this subparagraph does not require a signed document.
(D) Ascertain the qualifications and competence of individuals to conduct chemical analyses in accordance with one or more methods approved by the department.
(E) Issue permits to individuals according to their qualifications. Permits may be issued to police officers only upon satisfactory completion of the prescribed training course and written examination. A permit must state the methods and equipment that the police officer is qualified to use. Permits are subject to termination or revocation at the discretion of the Department of State Police.
(2) In conducting a chemical test of the blood, only a duly licensed physician or a person acting under the direction or control of a duly licensed physician may withdraw blood or pierce human tissue. A licensed physician, or a qualified person acting under the direction or control of a duly licensed physician, is not civilly liable for withdrawing any bodily substance, in a medically acceptable manner, at the request of a peace officer.
(3) An individual who performs a chemical analysis of breath or blood under ORS 813.100 (Implied consent to breath or blood test) or 813.140 (Chemical test with consent) shall prepare and sign a written report of the findings of the test that must include the identification of the police officer upon whose request the test was administered.
(4) Any individual having custody of the report mentioned in subsection (3) of this section shall, upon request of the person tested, furnish that person or that persons attorney, a copy of the report.
(5) The expense of conducting a chemical test as provided by ORS 813.100 (Implied consent to breath or blood test) or 813.140 (Chemical test with consent) must be paid by the governmental unit on whose equipment the test is conducted or by the governmental unit upon whose request the test was administered if no governmental units equipment is used to conduct the test. [1983 c.338 §173; 1985 c.16 §57; 1985 c.337 §2; 1995 c.351 §1; 2003 c.19 §1]
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