{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-759v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-759v1","heading":"Board of Tests for Alcohol and Drug Influence - Powers","body":"and duties – Revolving fund.\n\nA. There is hereby re-created, to continue until July 1, 2022,\n\nin accordance with the provisions of the Oklahoma Sunset Law, the\n\nBoard of Tests for Alcohol and Drug Influence to be composed of the\n\nfollowing members beginning July 1, 2015:\n\n1. The Dean of the Oklahoma State University College of\n\nOsteopathic Medicine, or a designee;\n\n2. The Dean of the University of Oklahoma College of Medicine,\n\nor a designee;\n\n3. The Commissioner of Public Safety, or a designee;\n\n4. The Director of the Oklahoma State Bureau of Investigation,\n\nor a designee;\n\n5. The State Commissioner of Health, or a designee;\n\n6. The Director of the Council on Law Enforcement Education and\n\nTraining, or a designee;\n\n7. One certified peace officer who is a member of a local law\n\nenforcement agency selected by the Oklahoma Sheriffs and Peace\n\nOfficers Association; and\n\n8. One person selected by the Oklahoma Association of Chiefs of\n\nPolice.\n\nMembers shall serve without pay other than reimbursement of\n\nnecessary and actual expenses as provided in the State Travel\n\nReimbursement Act. Each member shall receive an appointment in\n\nwriting which shall become a permanent part of the records of the\n\nBoard. The chair and vice-chair shall be elected from the\n\nmembership of the Board every two (2) years. The Board is\n\nauthorized to appoint a State Director of Tests for Alcohol and Drug\n\nInfluence and other employees, including, but not limited to,\n\npersons to conduct training and provide administrative assistance as\n\nnecessary for the performance of its functions, subject to available\n\nfunding and authorized full-time-equivalent employee limitations.\n\nThe Board may expend appropriated funds for purposes consistent with\n\nSections 751 through 761 of this title and Sections 301 through 308\n\nof Title 3 of the Oklahoma Statutes. The Legislature shall\n\nappropriate funds to the Department of Public Safety for the support\n\nof the Board of Tests for Alcohol and Drug Influence and its\n\nemployees, if any. Upon the transfer of any employees from the\n\nAlcohol Drug Countermeasures Unit of the Department of Public Safety\n\nto the Board of Tests for Alcohol and Drug Influence on July 1,\n\n2003, all funds of the Unit appropriated and budgeted shall be\n\ntransferred to the Board, and may be budgeted and expended to\n\nsupport the functions and personnel of the Board.\n\nB. Collection and analysis of a person’s blood, breath, saliva\n\nor urine, to be considered valid and admissible in evidence, whether\n\nperformed by or at the direction of a law enforcement officer or at\n\nthe request of the tested person, shall have been performed in\n\ncompliance with the rules adopted by the Board of Tests for Alcohol\n\nand Drug Influence and by an individual possessing a valid permit\n\nissued by the Board for this purpose or shall have been performed by\n\na laboratory accredited in Toxicology by an accrediting body as\n\ndescribed in Section 150.37 of Title 74 of the Oklahoma Statutes or\n\naccredited by the American Board of Forensic Toxicology (ABFT).\n\nC. The Board of Tests for Alcohol and Drug Influence is\n\nauthorized to approve laboratories for the analysis, provided by the\n\nprovisions of this title, of specimens of blood, breath, saliva and\n\nurine, and to administer a program for regular monitoring of such\n\nlaboratories. The Board is authorized to prescribe uniform\n\nstandards and conditions for, and to approve satisfactory methods,\n\nprocedures, techniques, devices, equipment and records for tests and\n\nanalyses and to prescribe and approve the requisite education and\n\ntraining for the performance of such tests and analyses. The Board\n\nshall establish standards for and ascertain the qualifications and\n\ncompetence of individuals to administer and conduct such tests and\n\nanalyses, and to issue permits to laboratories and to individuals\nures, techniques, devices, equipment and records for tests and\n\nanalyses and to prescribe and approve the requisite education and\n\ntraining for the performance of such tests and analyses. The Board\n\nshall establish standards for and ascertain the qualifications and\n\ncompetence of individuals to administer and conduct such tests and\n\nanalyses, and to issue permits to laboratories and to individuals\n\nwhich shall be subject to suspension or revocation at the discretion\n\nof the Board. The Board is authorized to prescribe uniform\n\nstandards, conditions, methods, procedures, techniques, devices,\n\nequipment and records for the collection, handling, retention,\n\nstorage, preservation and delivery of specimens of blood, breath,\n\nsaliva and urine obtained for the purpose of determining the alcohol\n\nconcentration thereof or the presence or concentration of any other\n\nintoxicating substance therein. The Board may take such other\n\nactions as may be reasonably necessary or appropriate to effectuate\n\nthe purposes of Sections 751 through 761 of this title and Sections\n\n301 through 308 of Title 3 of the Oklahoma Statutes, and may adopt,\n\namend and repeal such other rules consistent with this chapter as\n\nthe Board shall determine proper. Laboratories accredited in\n\nToxicology by an accrediting body as described in Section 150.37 of\n\nTitle 74 of the Oklahoma Statutes or accredited by the American\n\nBoard of Forensic Toxicology (ABFT) are exempt from the provisions\n\nof this subsection.\n\nD. The Board shall promulgate rules adopting uniform standards\n\nand conditions and rules approving devices, equipment, methods,\n\nprocedures, techniques, and records for screening tests administered\n\nfor the purpose of determining the presence or concentration of\n\nalcohol or any other intoxicating substance in a person’s blood,\n\nbreath, saliva or urine. Such screening tests shall be performed in\n\ncompliance with the rules adopted by the Board of Tests for Alcohol\n\nand Drug Influence.\n\nE. The Board may set rules and charge appropriate fees for\n\noperations incidental to its required duties and responsibilities.\n\nF. There is hereby created in the State Treasury a revolving\n\nfund for the Board of Tests for Alcohol and Drug Influence to be\n\ndesignated the \"Board of Tests for Alcohol and Drug Influence\n\nRevolving Fund\". The fund shall be a continuing fund, not subject\n\nto fiscal year limitations, and shall consist of monies received\n\npursuant to the provisions of subsection E of this section and any\n\nfunds previously deposited in the Board of Tests for Alcohol and\n\nDrug Influence Revolving Fund. All monies accruing to the credit of\n\nthe fund are hereby appropriated and may be budgeted and expended by\n\nthe Board of Tests for Alcohol and Drug Influence for operating\n\nexpenses of the Board. Expenditures from the funds shall be made\n\nupon warrants issued by the State Treasurer against claims filed as\n\nprescribed by law with the Director of the Office of Management and\n\nEnterprise Services for approval and payment.\n\nG. The provisions of subsections B and C of this section shall\n\nbe retroactive.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"94a043aa7e73375a9d5323dffd964f9e4ad4172976d8256d7443b232e33b2298","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-759.1","next":"us-ok/okla.-stat.-tit.-47-47-759v2"},"notice":"GroundRules: Original legal text. Not legal advice."}