| Notice Filed with SOS |
10/30/2018 |
| Rule |
ProposedRuleAttach2018-00590.pdf |
| Additional Information |
AddInfoAttach2018-00590.pdf |
| Statutory Authority |
§42-4-1304, C.R.S.
§42-1-1301.1, C.R.S. |
| Description of Subjects/Issues |
The proposed amendments incorporate HB 18-1302, which authorize the Department to waive certification requirements when an entity is accredited by a nationally or internationally recognized accreditation organization that includes the scope of forensic toxicology. This change aligns the rule to the statute. The substantive standards as to which requirements are waived and the Department’s ability to respond to complaints remains unchanged. Additionally, the department proposes changes to align the rule with current industry best practices to include; defining laboratory key personnel, personnel competency assessment practices, providing the laboratories additional flexibility in selecting a proficiency testing provider, and specifying manufacturer criteria that provide quality control materials to the labs. The proposed changes remove rule appendixes A, B, and C and place them into the body of the rule. Lastly, the Department proposes the removal of redundant requirements and make minor grammatical and technical corrections. |
| Purpose/Objective of Rule |
This rulemaking implements the results of the Department's rule review, updates the rule to align with current statute and ensures that accredited and non-accredited facilities have similar practices. |
| Basis And Purpose |
BasisAndPurposeAttachment2018-00590.doc
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2018-00590.doc
|
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
HB 18-1302
|
| Hearing Date |
12/19/2018 |
| Hearing Time |
10:00 AM |
| Hearing Location |
4300 Cherry Creek Drive South, Denver, CO 80246 |
| Contact Name |
Jeff Groff |
| Contact Title |
Evidential Breath Alcohol Testing Program Manager |
| Contact Telephone |
303-692-3681 |
| Contact email |
jeff.groff@state.co.us |