72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2157
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
Relating to laboratories; amending ORS 813.160 and 830.535.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 813.160 is amended to read:
813.160. (1) { - To be - } { + A chemical analysis is + }
valid under ORS 813.300 { + if + }:
(a) { - Chemical analyses - } { + It is an analysis + } of
a person's blood { + for alcohol content and is + } { - shall
be - } performed { - by an individual shown to be qualified to
perform such analyses and shall be performed according to methods
approved by the Department of Human Services. For purposes of
this paragraph, the Department of Human Services shall approve
methods of performing chemical analyses of a person's blood that
are satisfactory for determining alcoholic content. - } { +
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 and approved for
toxicology testing; or
(C) A forensic laboratory established by the Department of
State Police under ORS 181.080 that is accredited by a national
forensic accrediting organization. + }
(b) { - Chemical analyses - } { + It is an analysis + } of
a person's breath { - shall be - } { + and is + } performed
by an individual possessing a valid permit to perform
{ - such - } { + chemical + } analyses issued by the
Department of State Police and { - shall be - } { + 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
person's breath.
(B) Prepare manuals and conduct courses throughout the state
for the training of police officers in chemical analyses of a
person's 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 person's breath before
regular use of { - such - } { + the + } equipment and
Enrolled House Bill 2157 (HB 2157-INTRO) Page 1
periodically thereafter at intervals of not more than 90 days.
Tests and certification required by this subparagraph
{ - shall - } { + 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 { - such - } { + chemical + } analyses in
accordance with one or more methods approved by the department.
(E) Issue permits to individuals according to their
qualifications. Permits { - shall - } { + may + } be issued
to police officers only upon satisfactory completion of the
prescribed training course and written examination. A permit
{ - shall - } { + must + } state the methods and equipment
{ - which - } { + that + } the police officer is qualified to
use. Permits { - shall be - } { + 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,
{ - shall not be held - } { + 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 or 813.140 shall prepare and sign a
written report of the findings of the test { - which shall - }
{ + 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 person's attorney, a copy of
the report.
(5) The expense of conducting a chemical test as provided by
ORS 813.100 or 813.140 { - shall - } { + 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 unit's equipment is used to
conduct the test.
SECTION 2. ORS 830.535 is amended to read:
830.535. (1) { - For the - } { + A + } chemical
{ - analyses to be - } { + analysis is + } valid under ORS
830.505, 830.520 or 830.525 { + if + }:
(a) { - The chemical analyses - } { + It is an analysis + }
of a person's blood { - shall be - } { + for alcohol content
and is + }performed { - by an individual shown to be qualified
to perform such analyses and shall be performed according to
methods approved by the Department of Human Services. For the
purposes of this paragraph, the Department of Human Services
shall approve methods of performing chemical analyses of a
person's blood that are satisfactory for determining alcoholic
content. - } { + 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 and approved for
toxicology testing; or
(C) A forensic laboratory established by the Department of
State Police under ORS 181.080 that is accredited by a national
forensic accrediting organization. + }
Enrolled House Bill 2157 (HB 2157-INTRO) Page 2
(b) { - The chemical analyses - } { + It is an analysis + }
of a person's breath { - shall be - } { + and is + }
performed by an individual possessing a valid permit to perform
{ - such - } { + chemical + } analyses issued by the
Department of State Police under ORS 813.160 or by the State
Marine Board under the provisions of this section. { - The - }
Chemical analyses { - shall - } { + must + } be performed
according to methods approved by the Department of State Police
under ORS 813.160 or approved by the board under this section.
For purposes of this section, the board shall do all of the
following:
(A) Approve methods of performing chemical analyses of a
person's breath.
(B) Prepare manuals and conduct courses throughout the state
for the training of peace officers in chemical analyses of a
person's 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
peace officers for chemical analyses of a person's breath before
regular use of { - such - } { + the + } equipment and
periodically thereafter at intervals of not more than 90 days.
Tests and certification required by this subparagraph
{ - shall - } { + must + } be conducted by trained
technicians.
(D) Ascertain the qualifications and competence of individuals
to conduct { - such - } { + chemical + } analyses in
accordance with one or more methods approved by the board or by
the Department of State Police under ORS 813.160.
(E) Issue permits to individuals according to their
qualifications. Permits { - shall - } { + may + } be issued
to peace officers only upon satisfactory completion of the
prescribed training course and written examination. A permit
{ - shall - } { + must + } state the methods and equipment
{ - which - } { + that + } the peace officer is qualified to
use. Permits { - shall be - } { + are + } subject to
termination or revocation at the discretion of the board.
(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,
{ - shall not be held - } { + 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 830.505, 830.520 or 830.525 shall prepare and
sign a written report of the findings of the test. A test
administered at the request of a peace officer { - shall - }
{ + must + } include the identification of the peace 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 a copy of the report to that person or that
person's attorney.
(5) The expense of conducting a chemical test as provided by
ORS 830.505 or 830.520 { - shall - } { + must + } be paid by
the governmental units on whose equipment the test is conducted
or by the governmental units upon whose request the test was
Enrolled House Bill 2157 (HB 2157-INTRO) Page 3
administered if no governmental unit's equipment is used to
conduct the test.
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Passed by House February 4, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 3, 2003
...........................................................
President of Senate
Enrolled House Bill 2157 (HB 2157-INTRO) Page 4
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2157 (HB 2157-INTRO) Page 5