Okla. Stat. tit. 47, § 47-759v1

and duties – Revolving fund.

A. There is hereby re-created, to continue until July 1, 2022,

in accordance with the provisions of the Oklahoma Sunset Law, the

Board of Tests for Alcohol and Drug Influence to be composed of the

following members beginning July 1, 2015:

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1. The Dean of the Oklahoma State University College of

Osteopathic Medicine, or a designee;

2. The Dean of the University of Oklahoma College of Medicine,

or a designee;

3. The Commissioner of Public Safety, or a designee;

4. The Director of the Oklahoma State Bureau of Investigation,

or a designee;

5. The State Commissioner of Health, or a designee;

6. The Director of the Council on Law Enforcement Education and

Training, or a designee;

7. One certified peace officer who is a member of a local law

enforcement agency selected by the Oklahoma Sheriffs and Peace

Officers Association; and

8. One person selected by the Oklahoma Association of Chiefs of

Police.

Members shall serve without pay other than reimbursement of

necessary and actual expenses as provided in the State Travel

Reimbursement Act. Each member shall receive an appointment in

writing which shall become a permanent part of the records of the

Board. The chair and vice-chair shall be elected from the

membership of the Board every two (2) years. The Board is

authorized to appoint a State Director of Tests for Alcohol and Drug

Influence and other employees, including, but not limited to,

persons to conduct training and provide administrative assistance as

necessary for the performance of its functions, subject to available

funding and authorized full-time-equivalent employee limitations.

The Board may expend appropriated funds for purposes consistent with

Sections 751 through 761 of this title and Sections 301 through 308

of Title 3 of the Oklahoma Statutes. The Legislature shall

appropriate funds to the Department of Public Safety for the support

of the Board of Tests for Alcohol and Drug Influence and its

employees, if any. Upon the transfer of any employees from the

Alcohol Drug Countermeasures Unit of the Department of Public Safety

to the Board of Tests for Alcohol and Drug Influence on July 1,

2003, all funds of the Unit appropriated and budgeted shall be

transferred to the Board, and may be budgeted and expended to

support the functions and personnel of the Board.

B. Collection and analysis of a person’s blood, breath, saliva

or urine, to be considered valid and admissible in evidence, whether

performed by or at the direction of a law enforcement officer or at

the request of the tested person, shall have been performed in

compliance with the rules adopted by the Board of Tests for Alcohol

and Drug Influence and by an individual possessing a valid permit

issued by the Board for this purpose or shall have been performed by

a laboratory accredited in Toxicology by an accrediting body as

described in Section 150.37 of Title 74 of the Oklahoma Statutes or

accredited by the American Board of Forensic Toxicology (ABFT).

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C. The Board of Tests for Alcohol and Drug Influence is

authorized to approve laboratories for the analysis, provided by the

provisions of this title, of specimens of blood, breath, saliva and

urine, and to administer a program for regular monitoring of such

laboratories. The Board is authorized to prescribe uniform

standards and conditions for, and to approve satisfactory methods,

procedures, techniques, devices, equipment and records for tests and

analyses and to prescribe and approve the requisite education and

training for the performance of such tests and analyses. The Board

shall establish standards for and ascertain the qualifications and

competence of individuals to administer and conduct such tests and

analyses, and to issue permits to laboratories and to individuals
ures, techniques, devices, equipment and records for tests and

analyses and to prescribe and approve the requisite education and

training for the performance of such tests and analyses. The Board

shall establish standards for and ascertain the qualifications and

competence of individuals to administer and conduct such tests and

analyses, and to issue permits to laboratories and to individuals

which shall be subject to suspension or revocation at the discretion

of the Board. The Board is authorized to prescribe uniform

standards, conditions, methods, procedures, techniques, devices,

equipment and records for the collection, handling, retention,

storage, preservation and delivery of specimens of blood, breath,

saliva and urine obtained for the purpose of determining the alcohol

concentration thereof or the presence or concentration of any other

intoxicating substance therein. The Board may take such other

actions as may be reasonably necessary or appropriate to effectuate

the purposes of Sections 751 through 761 of this title and Sections

301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt,

amend and repeal such other rules consistent with this chapter as

the Board shall determine proper. Laboratories accredited in

Toxicology by an accrediting body as described in Section 150.37 of

Title 74 of the Oklahoma Statutes or accredited by the American

Board of Forensic Toxicology (ABFT) are exempt from the provisions

of this subsection.

D. The Board shall promulgate rules adopting uniform standards

and conditions and rules approving devices, equipment, methods,

procedures, techniques, and records for screening tests administered

for the purpose of determining the presence or concentration of

alcohol or any other intoxicating substance in a person’s blood,

breath, saliva or urine. Such screening tests shall be performed in

compliance with the rules adopted by the Board of Tests for Alcohol

and Drug Influence.

E. The Board may set rules and charge appropriate fees for

operations incidental to its required duties and responsibilities.

F. There is hereby created in the State Treasury a revolving

fund for the Board of Tests for Alcohol and Drug Influence to be

designated the "Board of Tests for Alcohol and Drug Influence

Revolving Fund". The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of monies received

pursuant to the provisions of subsection E of this section and any

funds previously deposited in the Board of Tests for Alcohol and

Drug Influence Revolving Fund. All monies accruing to the credit of

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the fund are hereby appropriated and may be budgeted and expended by

the Board of Tests for Alcohol and Drug Influence for operating

expenses of the Board. Expenditures from the funds shall be made

upon warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

G. The provisions of subsections B and C of this section shall

be retroactive.