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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 1TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 19BREATH ALCOHOL TESTING REGULATIONS
SUBCHAPTER ABREATH ALCOHOL TESTING REGULATIONS
RULE §19.7Approval of Courses of Instruction

(a) Any agency, laboratory, institution, school or college intending to offer a course of instruction for certified operators of evidential breath alcohol testing instruments, must have the course curriculum approved by the scientific director.

(b) The operator course must utilize the most current revision of the Texas Breath Alcohol Testing Program Operator Manual as the primary instructional text and contain, as a minimum, the following hours and areas of instruction:

  (1) three hours of instruction on the effects of alcohol on the human body;

  (2) three hours of instruction on the operational principles of the breath alcohol testing instrument to be used. This instruction shall include:

    (A) a functional description of the testing method; and

    (B) a detailed operational description of the method with demonstrations;

  (3) five hours of instruction on Texas legal aspects of breath alcohol testing;

  (4) three hours of instruction on supplemental information which is to include nomenclature appropriate to the field of breath alcohol testing;

  (5) 10 hours of participation in a laboratory setting operating the breath testing equipment. Laboratory practice will include the analysis of reference samples, as well as the analysis of breath samples from actual drinking subjects and completion of all required records and reports needed for documentation;

  (6) examination time (approximately three hours) which will be considered part of the course.

(c) Each course of instruction shall be coordinated by or under the general direction or supervision of a certified technical supervisor.

(d) All courses of instruction will be open to the scientific director or designated representative for inspection thereof.

(e) Upon satisfactory proof of compliance of subsections (a) - (d) of this section to the scientific director, the scientific director will approve the course of instruction and its participants will be eligible to apply for operator certification.

(f) Prior to commencing the course it will be the responsibility of the teaching agency to make arrangements with the office of the scientific director for the administration of examinations.

(g) Prior to the administration of the examination by the scientific director, it shall be the responsibility of the course of instruction coordinator(s) to provide proof that all students attending the course of instruction have been authorized and approved by the technical supervisor responsible for the technical supervision of the operator upon certification. Failure to provide this authorization will delay the administration of the examination and/or certification until such time as proof of authorization can be documented.

(h) Examinations for operator certification after completion of a course will be in accordance with §19.5(a)(4) of this title (relating to Operator Certification).

(i) Failure to maintain the provisions stated in this section will be cause for the scientific director to rescind approval of a course of instruction.


Source Note: The provisions of this §19.7 adopted to be effective March 26, 2006, 31 TexReg 2189

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