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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2018-00590


CCR details

Tracking Number 2018-00590
Type of Filing Permanent Rule
Department 1000 Department of Public Health and Environment
Agency 1005 Laboratory Services Division
CCR Number 5 CCR 1005-2
CCR Title TESTING FOR ALCOHOL AND OTHER DRUGS

Proposed rule

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

Adopted rule

Adopted Rules AdoptedRules02018-00590.doc
Redline Redline2018-00590.pdf
Adopting agency Board of Health
Adopted Date 12/19/2018
AGO requested date 12/21/2018
Attorney General Opinion 12/27/2018
Colorado Register publication date 01/25/2019
Effective Date 02/14/2019
Inserted into CCR 02/05/2019