§ 77.23. Training requirements for administering chemical tests.
(a) Course A contents. A course of training in the use of Type A alcohol breath test equipment shall consist of at least 30 hours of instruction, including the following:
(1) A screening examination for law enforcement officers, when required by the teaching facility, for example, mathematics or reading ability.
(2) Pharmacology and physiological effects of alcohol.
(3) Interpretation of chemical findings.
(4) Legal aspects of chemical testing.
(5) Demonstration of appropriate equipment.
(6) Utilization of Type A alcohol breath test equipment on drinking subjects or on equipment designed to simulate drinking subjects.
(7) Explanatory review of testing and recordkeeping requirements specified in this subchapter.
(8) Review of 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance).
(9) Preparation of testimony.
(10) Courtroom demonstrations.
(11) Related observations by arresting officer supplementing intoxication report.
(12) Other materials considered necessary by the teaching facility which are approved by the Department and the Department of Health.
(b) Instructors and curricula for Course A. Instruction shall be given by an instructor approved jointly by the Department of Health and the Department using a curriculum in compliance with Course A requirements.
(c) Certificates for Course A.
(1) Persons successfully completing Course A shall be issued certificates as certified breath test operators qualified to operate only Type A alcohol breath test equipment on which they actually received instruction during the course of training.
(2) Persons successfully completing Course A may subsequently qualify to operate another model of Type A alcohol breath test equipment manufactured by the same or a different alcohol breath test company upon successful completion of a course of at least 8 hours of instruction in its operation and interpretation of chemical findings.
(d) Course B contents. A course of training in the use of Type B alcohol breath test equipment shall consist of a minimum of 6 hours of instruction, including the following:
(1) Explanatory review of testing and recordkeeping requirements specified in this subchapter.
(2) Related observations by arresting officer supplementing intoxication report.
(3) Review of 75 Pa.C.S. § 1547 (relating to chemical testing to determine amount of alcohol or controlled substance).
(4) Demonstration of appropriate equipment.
(5) Utilization of chemical test equipment on drinking subjects or on equipment designed to simulate drinking subjects.
(6) Other materials considered necessary which are approved by the Department of Health and the Department.
(e) Instructions and curricula for Course B. Instruction shall be given by an instructor approved jointly by the Department of Health and the Department using a curriculum in compliance with Course B requirements.
(f) Certificates for Course B. Persons successfully completing Course B shall be issued certificates as certified breath test operators qualified to operate only Type B alcohol breath test equipment on which they actually received instruction during the course of training.
(g) Exemption from instruction.
(1) A person certified to administer alcohol breath tests with a particular item of breath test equipment during the period between September 29, 1968, and September 26, 1970, under the approved course of instruction certified by the Secretary of the Department of Revenue, may continue to administer alcohol breath tests with the equipment without undergoing further instruction and shall be considered a certified breath test operator under this subchapter.
(2) A person certified to administer alcohol breath tests with a particular item of breath test equipment on November 5, 1977, under Equipment and Instructions for Administering Chemical Tests and Making Chemical Analysis for Alcoholic Content of Blood, 1 Pa.B. 288 (September 26, 1970) may continue to administer alcohol breath tests with the equipment without undergoing further instruction and shall be considered a certified breath test operator under this subchapter.
(3) A person certified by the Department or the State Police on December 22, 1984 to administer alcohol breath tests, conduct accuracy verifications or inspections with a particular item of breath test equipment may continue to perform the duties with the equipment without undergoing further instruction and will be considered a certified breath test operator under this subchapter.
Source The provisions of this § 77.23 adopted December 21, 1984, effective December 22, 1984, 14 Pa.B. 4599; readopted January 12, 1990, effective immediately and apply retroactively to December 22, 1989, 20 Pa.B. 211. Immediately preceding text appears at serial pages (140060) to (140062).
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