New Hampshire Revised Statutes 265-A:5 – Administration of Alcohol Concentration Tests
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I. Only a duly licensed physician, registered nurse, certified physician’s assistant, phlebotomist, or qualified medical technician or medical technologist acting at the request of a law enforcement officer, authorized agent, peace officer, or individual seeking a test of his or her own blood may withdraw blood for the purpose of a test required by N.H. Rev. Stat. § 265-A:4. Such licensed physician, registered nurse, certified physician’s assistant, phlebotomist, or qualified medical technician or medical technologist shall not be liable for damages or otherwise to the person from whom blood is withdrawn for any act performed in connection with such withdrawal provided the physician, registered nurse, physician’s assistant, phlebotomist, or qualified medical technician or medical technologist acts with ordinary care.
II. All such blood and urine tests made under the direction of a law enforcement officer, authorized agent, or peace officer shall be conducted in the forensic science laboratory of the department of safety established in N.H. Rev. Stat. § 106-B:2-a or, in the case of blood and urine samples to be tested for the presence of controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person’s ability to drive in any other laboratory capable of conducting such tests which is licensed under the laws of this or any other state and which has also been licensed by the U.S. Department of Health and Human Services under the Clinical Laboratory Improvement Act of 1988, as amended.
III. The successful completion of the external standard reference check shall be admissible evidence that the instrument was properly calibrated at the time of the test. The external standard reference check shall be performed according to the schedule required in rules adopted by the commissioner of the department of safety pursuant to RSA 541-A.
IV. No tests of blood, urine, or breath authorized by N.H. Rev. Stat. § 265-A:4 shall be considered as evidence in any proceeding before any administrative officer or court unless such test is performed in accordance with methods prescribed by the commissioner of the department of safety. The commissioner of the department of safety shall have exclusive authority for equipment testing, law enforcement training, and administration of grant programs relating to alcohol concentration tests.
V. The commissioner of the department of safety shall adopt rules pursuant to N.H. Rev. Stat. Chapter 541-A relative to:
(a) Methods and procedures for the testing of blood, urine, and breath to determine alcohol concentration and controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person’s ability to drive content of a person’s blood;
(b) Techniques or methods for ascertaining the qualifications and competence of individuals to conduct such tests;
(c) Methods and procedures for the delivery and processing of samples of such tests;
(d) Forms relative to taking samples for alcohol concentration tests for admission as evidence pursuant to N.H. Rev. Stat. § 265-A:12, IV;
(e) A requirement that any laboratory that conducts tests pursuant to N.H. Rev. Stat. § 265-A:7 be accredited by any nationally recognized accrediting body; and
(f) Such other matters as are required to carry out the provisions of this chapter relative to alcohol concentration tests.
II. All such blood and urine tests made under the direction of a law enforcement officer, authorized agent, or peace officer shall be conducted in the forensic science laboratory of the department of safety established in N.H. Rev. Stat. § 106-B:2-a or, in the case of blood and urine samples to be tested for the presence of controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person’s ability to drive in any other laboratory capable of conducting such tests which is licensed under the laws of this or any other state and which has also been licensed by the U.S. Department of Health and Human Services under the Clinical Laboratory Improvement Act of 1988, as amended.
Terms Used In New Hampshire Revised Statutes 265-A:5
- Alcohol: shall mean any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol. See New Hampshire Revised Statutes 259:3-a
- Alcohol concentration: shall mean either grams of alcohol per 100 milliliters of blood, grams of alcohol per 67 milliliters of urine, or grams of alcohol per 210 liters of breath. See New Hampshire Revised Statutes 259:3-b
- Commissioner: shall mean the commissioner of safety. See New Hampshire Revised Statutes 259:13
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106
III. The successful completion of the external standard reference check shall be admissible evidence that the instrument was properly calibrated at the time of the test. The external standard reference check shall be performed according to the schedule required in rules adopted by the commissioner of the department of safety pursuant to RSA 541-A.
IV. No tests of blood, urine, or breath authorized by N.H. Rev. Stat. § 265-A:4 shall be considered as evidence in any proceeding before any administrative officer or court unless such test is performed in accordance with methods prescribed by the commissioner of the department of safety. The commissioner of the department of safety shall have exclusive authority for equipment testing, law enforcement training, and administration of grant programs relating to alcohol concentration tests.
V. The commissioner of the department of safety shall adopt rules pursuant to N.H. Rev. Stat. Chapter 541-A relative to:
(a) Methods and procedures for the testing of blood, urine, and breath to determine alcohol concentration and controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person’s ability to drive content of a person’s blood;
(b) Techniques or methods for ascertaining the qualifications and competence of individuals to conduct such tests;
(c) Methods and procedures for the delivery and processing of samples of such tests;
(d) Forms relative to taking samples for alcohol concentration tests for admission as evidence pursuant to N.H. Rev. Stat. § 265-A:12, IV;
(e) A requirement that any laboratory that conducts tests pursuant to N.H. Rev. Stat. § 265-A:7 be accredited by any nationally recognized accrediting body; and
(f) Such other matters as are required to carry out the provisions of this chapter relative to alcohol concentration tests.