Blood Tests: Administrative Rules

DEPARTMENT OF STATE POLICE
FORENSIC SCIENCE DIVISION
ALCOHOL TESTING OF BLOOD AND URINE

(By authority conferred on the department of state police by section 190 of Act No. 327 of the Public Acts of 1945, as amended, section 625a of Act No. 300 of the Public Acts of 1949, as amended, and section 8 of Act No. 4 of the Public Acts of 1986, being SS259.190, 257.625a, and 470.208 of the Michigan Compiled Laws)

R 325.2671 "Control sample" defined.
Rule 1. "Control sample" means a sample of a known concentration of alcohol that is used to verify the calibration and accuracy of a given analytical method.

History: 1993 MR 4, Eff. May 5, 1993.

R 325.2672 Tests; application; expression of results; filing.
Rule 2. (1) Tests to determine the concentration of alcohol may be applied to blood or urine samples. Results shall be expressed in percent weight of ethyl alcohol (weight per unit volume) equivalent to grams per 100 milliliters.
(2) Serum, plasma, or urine alcohol concentrations shall be expressed as an equivalent whole blood alcohol concentration.
(3) At least 1 copy of the written method or methods or techniques that are utilized in the laboratory shall be on file in that laboratory.

History: 1993 MR 4, Eff. May 5, 1993.

R 325.2673 Acceptable techniques.
Rule 3. The following are examples of acceptable techniques, analyzers, and kits for determining the concentration of alcohol in blood or urine:
(a) Direct distillation/dichromate oxidation methods as follows:
(i) "Dubowski and Withrow," proc. Am. acad for sci, 2:323, 1952.
(ii) "Shupe and Dubowski," Am J clin path., 22:901, 1952.
(b) Gas chromatograph method using a gas chromatograph that has satisfactory accuracy, precision, sensitivity, and a suitable column for direct injection or head-space gas chromatography for ethyl alcohol.
(c) Enzymatic methods as follows:
(i) "Stiles, et al.," Am J clin path., 46:608, 1966.
(ii) "Bonnichsen and Lundgren," J Acta pharmacol toxicol., 13:256, 1957.
(d) Analyzers and kits, as follows:
(i) CalBiochem-Behring ethyl alcohol kit.
(ii) Dupont ACA instrument using ethyl alcohol (ALC) kit.
(iii) Sigma diagnostics alcohol (ethanol) kit.
(iv) Abbott diagnostics TDx ethanol kit.

History: 1993 MR 4, Eff. May 5, 1993.

R 325.2674 Calibration.
Rule 4. Calibration of the method or equipment used to test for alcohol in blood or urine shall be verified through the use of control samples each day that tests are run. Results of the control samples shall be documented and retained by the laboratory for a minimum of 1 year.

History: 1993 MR 4, Eff. May 5, 1993.

R 325.2675 Collecting and handling blood and urine samples.
Rule 5. (1) All blood and urine samples shall be collected pursuant to the provisions of section 625a of Act No. 300 of the Public Acts of 1949, as amended, being S257.625a of the Michigan Compiled Laws.
(2) When collecting a blood sample, the individual drawing the sample shall use an aqueous solution of a nonvolatile antiseptic on the skin of the person from whom the sample is being collected. Neither alcohol nor any alcoholic solution shall be used as a skin antiseptic.
(3) Blood shall be drawn pursuant to either of the following provisions:
(a) With a sterile dry needle that is evacuated into a vacuum-style specimen tube that contains the solid preservative sodium fluoride, whether used alone or in combination with other preservatives or anti-coagulants.
(b) With a sterile dry needle and syringe expelled into a clean specimen tube that contains sodium fluoride. The tube shall then be capped or stoppered.
(4) Urine shall be collected pursuant to the provisions of form FSD-93, which is contained in the department of state police specimen kit. Urine shall be collected in a clean glass or plastic container. The sample shall then be transferred into a clean glass or plastic container that has a secure top.
(5) Blood and urine collection shall be witnessed to ensure that the sample can be authenticated. Each sample shall be labeled.
(6) Samples that are sent to a laboratory shall be sealed in a manner that ensures their integrity.

History: 1993 MR 4, Eff. May 5, 1993.

R 325.2676 Rescinded.

History: 1993 MR 4, Eff. May 5, 1993; rescinded 1996 MR 3, Eff. Mar. 27, 1996.

R 325.2677 Rescinded.

History: 1993 MR 4, Eff. May 5, 1993; rescinded 1996 MR 3, Eff. Mar. 27, 1996.

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