This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

Unless the context requires otherwise, the following definitions apply to this subchapter:

(1) "Alcohol" means an organic hydrocarbon molecule which contains a hydroxyl (oxygen, hydrogen) as its primary functional group, such compounds to include such common alcohols as: methanol, ethanol, isopropanol, and all other compounds chemically classified as an alcohol.

(2) "Alcohol analyses" includes any testing required to achieve a result demonstrating the presence and/or concentration of alcohol in breath, blood, or any other bodily substance.

(3) "Alveolar air" means that air which is located in the alveoli of the lungs and is responsible for the exchange of gases between the blood and the lung.  This is the type of breath upon which the 2100:1 breath blood ratio is established. 

(4) "Anticoagulant" means any substance which prevents the clotting of the blood sample.

(5) "Associated equipment" means:

(a) any device which can be directly attached to the breath analysis instrument and is not considered an expendable item, i.e., a wet bath simulator; or

(b) any approved device capable of capturing and analyzing deep lung air to detect and verify the presence of alcohol, i.e., a PAST device.

(6) "Blood" refers to whole blood, serum, or plasma.

(7) "Breath" refers to that portion of the exhaled deep lung air that is collected for alcohol analysis.

(8) "Breath analysis instrument" means any device which is capable of capturing and analyzing deep lung air to establish the concentration of alcohol contained in that sample. Such instruments must be approved by the Forensic Science Division.

(9) "Breath analysis instrument change" means any substitution or replacement of any electronic, optical, or mechanical part or device which adheres to the original specification(s) and does not affect or change the analytical or operational sections of the breath analysis instrument. Such change does not require reapproval of the breath analysis instrument.

(10) "Breath analysis instrument modification" means any alteration, variation, or redesign of any part, device, or electronic circuit which directly affects, alters, varies, or changes the analytical and/or the operational section of the breath analysis instrument. Such modification may at the discretion of the division, require reapproval of the breath analysis instrument.

(11) "Breath analysis instrument update" means any advancement, augmentation, addition, or replacement of any part or device with a different specification, which may or may not affect the analytical or operational sections of the breath analysis instrument. Such update may, at the discretion of the division, require reapproval of the breath analysis instrument.

(12) "Breath-test specialist" means a person qualified under these rules to use a breath analysis instrument or a preliminary alcohol screening device, i.e., PAST device. Depending on the person's degree of training as set forth in ARM 23.4.216, he/she may be certified as:

(a) operator;

(b) senior operator; and/or

(c) technician.

(13) "College of American Pathologists" means the organization nationally recognized by that name with headquarters in Northfield, Illinois, which surveys clinical laboratories upon their request, and accredits clinical laboratories which it determines meet its standards and requirements.

(14) "Deep lung air" means that air which comes from the deeper section of the lung and contains only a portion of alveolar air. This is the type of breath captured by the breath analysis instrument.

(15) "Department" means the Department of Justice.

(16) "Division" means the Forensic Science Division of the Department of Justice.

(17) "The Joint Commission" (formerly known as The Joint Commission on Accreditation of Hospitals) means the organization nationally recognized by that name with headquarters in Chicago, Illinois, that surveys health care facilities upon their request and grants accreditation status to any health care facility that it determines meets its standards and requirements.

(18) "Laboratory" means the Forensic Science Division.

(19) "Manufacturer" means the actual producer of the breath analysis instrument, associated equipment, accessories, and/or supplies.

(20) "Preliminary alcohol screening test" or "PAST" means any device meeting the definition of (8)(b).

(21) "Preservative" means any chemical which inhibits the development of bacterial growth in a collected blood sample or which inhibits or prevents enzymatic hydrolysis of drugs by cholinesterase, i.e., potassium oxylate and sodium fluoride.

(22) "Renewal materials" in ARM 23.3.217 means materials which relate to the field of breath alcohol testing, and may include an exam, a practical demonstration on the instrument, current legal decisions, or updates on instrument technology and operation.

(23) "Sample" means blood, breath, urine, or other biological fluid to be analyzed for the presence of drugs and/or alcohol pursuant to this subchapter. All samples must be of sufficient volume so that complete analysis may be performed.

(24) "Supply" means any item which is consumed during one or more test modes of the breath analysis instrument or associated equipment, i.e., simulator solution and mouthpieces.

(25) "Test," in reference to a breath analysis, means a full and complete analysis of properly delivered breath sample or samples. Such analysis is to be considered complete when the breath analysis instrument has executed its prescribed program, a final result known as the reported alcohol concentration is obtained, and a printed record is produced by the breath analysis instrument. All breath analyses must be performed in accordance with the procedures set forth by the Forensic Science Division. In reference to other biological sample analysis, a test of the sample may consist of more than one analysis of the submitted sample or samples in accordance with the procedures set forth by the Forensic Science Division.

(26) "Vendor" means any company or representative or a manufacturer responsible or involved in the sale and/or marketing of breath analysis instrumentation, associated equipment, accessories, and/or supplies.

This rule has been repealed.

(1) The following are exempt from the certification required by this subchapter:

(a) all clinical and hospital laboratories under the direct supervision of a pathologist or certified medical technologist which are either licensed by the Montana Department of Health and Environmental Sciences or accredited by the College of American Pathologists, the Joint Commission on Accreditation of Hospitals, or some other similar health accrediting authority;

(b) a laboratory operated by the department.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) All models of breath analysis instruments used to administer testing according to 61-8-1019, MCA, must be approved by the division. The models operated by certified operators and/or senior operators prior to and on the effective date of this rule are deemed approved by the division.

(1) Equipment and records used by nonexempt certified persons or persons applying for certification for blood testing are subject to on-site inspections by representatives of the division.

(2) The person shall accept from the division for analysis periodic evaluation samples and participate in a national blood alcohol proficiency testing program (i.e., program conducted by the College of American Pathologists).

(3) A copy of the results of evaluation sample analysis and proficiency tests shall be sent to the division.

(1) All nonexempt persons performing blood and urine tests and/or analyses shall maintain the following records:

(a) proof of certification;

(b) records of tests performed and the results; and

(c) records of maintenance of instrumentation.

(1) All manufacturers/vendors of breath analysis instruments, associated equipment, and supplies are required to submit such breath analysis instrumentation, associated equipment, or supplies to the division for formal state approval prior to introduction into the state of Montana.

(2) A record of all breath analysis instruments which have met the approval criteria established by the division shall be kept on file at the division.

(3) A record of all associated equipment and supplies which have met approval criteria established by the division shall be kept on file at the division.

(4) The division reserves the right to withdraw approval status of any breath analysis instrument, associated equipment, or supply, or the manufacturer's/vendor's approval to market said product, if the manufacturer/vendor fails to comply with the provisions set forth in the approval criteria or regulations pertaining to the manufacturer's/vendor's responsibilities to the state of Montana.

(5) Manufacturers/vendors of breath analysis instrumentation, equipment, and/or supplies must comply with the following regulations:

(a) All manufacturers/vendors must have a completed and signed application on file with the division.

(b) All manufacturers/vendors must provide technical manuals, schematics, and other material necessary for operation, preventative maintenance, and repair of the breath analysis instruments and associated equipment.

(c) The manufacturer/vendor shall provide at least two breath analysis instruments for the approval process. The manufacturer/vendor shall provide at least two (or more at the request of the division) associated equipment devices for the approval process.

(d) The manufacturer/vendor shall, if requested to do so, send at least one representative knowledgeable in the technology and electronic configurations of the breath analysis instrument and capable of providing training for the personnel in the breath analysis section of the division. The manufacturer/vendor shall, if requested to do so, send at least one representative knowledgeable in the technology and electronic configurations of the associated equipment.

(e) The manufacturer/vendor must provide all information concerning any modification, change, or upgrade to an approved breath analysis instrument or approved associated equipment within six months of that modification, change or upgrade. The division will evaluate such modifications, changes, or updates and determine if such modification, change, or update necessitates reapproval of the breath analysis instrument.

(f) Failure to comply with these or any subsequent manufacturer/vendor related regulations may negate the manufacturer's approval to market additional breath analysis instrumentation, associated equipment accessories, and/or supplies in the state of Montana.

(6) The division shall have the duty to select the primary breath analysis instrument for use in the state of Montana. Selection shall be based on, but not limited to, performance of the breath analysis instrumentation in each segment of the state approval process, breath analysis instrumentation field history, legal history, manufacturer's/vendor's support capability, and references of other users.

(7) Breath samples of deep lung air shall be analyzed using only the breath analysis instrumentation or PAST devices approved under this rule.

(8) All results of a breath analysis shall be reported as grams of alcohol by weight per 210 liters of deep lung breath, which contains a portion of alveolar air (G/210L). All test results will be reported on a form approved by the division. Copies of all test results will be sent to the division on a monthly schedule. Failure to file a copy of the report with the division does not invalidate the test results, if the report is on file at the testing location.

(1) Breath analysis instruments shall be field certified for accuracy at least once every 31 days by a senior operator using an ethyl alcohol water standard or an ethyl alcohol gas standard which has been approved by the division and using the field certification report form for the breath analysis instrument being certified.

(a) A field certification shall consist of a series of no less than two analyses obtained using an approved alcohol standard.

(b) A field certification is valid when the results of the approved standard are at plus or minus 10% of target value. The results of the field certification shall be reported to the third decimal (0.000) and recorded on the field certification report form. If a test record card or tape is used, it shall be affixed to the field certification report which is to be kept at the testing location, and a copy of the field certification report will be prepared for the division. All field certification reports will be sent to the division on a monthly basis.

(c) The approved ethyl alcohol water standard will not be used for longer than three months after its first date of use. The ethyl alcohol gas standard will not be used beyond the expiration date listed on the standard.

(d) Results of a field certification analysis outside the range specified in this rule shall be confirmed by the senior operator. If the test results are still out of the specified range, the breath analysis instrument will be removed from service and the division shall be notified.

(e) A field certification shall be performed whenever a new breath analysis instrument is placed in service or when a breath analysis instrument is returned to service. In addition, whenever a breath analysis instrument is placed in a mobile service capacity, a field certification shall be done prior to mobile use and again at the end of mobile use. The field certification results must be on file at the testing location before the breath analysis instrument can be used for subject testing.

(f) After each use, the ethyl alcohol water standard shall be stored in a closed container and placed in a cool dark area. This storage requirement does not apply to the ethyl alcohol gas standard.

(g) The field certification report form and results will be kept on file at the testing location. The division will receive copies of all field certification report forms along with copies of all breath analysis report forms. All reports will be sent to the division on a monthly basis.

(h) Failure to file a copy of the report with the division does not invalidate the field certification, or any subject analysis performed at that location, if the report is on file at the testing location.

(i) A field certification prior to any subject test, and either calibration checks with approved alcohol standards performed during the subject test or a field certification following a subject test, shall create the inference that the breath analysis instrument was in proper working order at the time of the subject test.

(j) A breath analysis instrument's field certification shall be considered valid for 31 days forward from the date of a proper field certification.

(2) All devices meeting the definition of "associated equipment" contained in ARM 23.4.201(6)(b) shall be field certified for accuracy at least once every 31 days by a breath-test specialist who has received training approved by the division in the proper methods for conducting such analyses.

(a) A PAST's field certification shall consist of a series of no less than two analyses using an ethyl alcohol water or ethyl alcohol gas standard approved by the division.

(b) A field certification is valid when the results of the approved standards are at plus or minus 10% of target value. The results of the field certification must be recorded and maintained in the administering agency's files.

(c) Results of a field certification analysis outside the range specified in (2)(b) shall be confirmed/adjusted by the senior operator. If the test results are still out of the specified range, the PAST will be removed from service.

(d) A field certification shall be performed whenever a new PAST is placed in service or when a PAST is returned to service. The field certification results must be on file with the agency before the PAST can be used for subject testing.

(e) The individual law enforcement agencies using PASTs shall maintain a record of the field certifications of each individual device. Such record shall include but not be limited to:

(i) the date of the field certification;

(ii) the serial number of the PAST;

(iii) the results obtained and if an adjustment was made;

(iv) the lot number of the ethyl alcohol water standard or ethyl alcohol gas standard; and

(v) the name of the individual conducting the analysis.

(f) A PAST's field certification shall be considered valid for 31 days forward from the date of a proper field certification.

(1) All breath analysis instruments shall be returned to the division for a laboratory certification. A laboratory certification shall be considered valid for 365 days from the date of a laboratory certification. Such certification shall at a minimum consist of:

(a) a complete analysis of the breath analysis instrument's diagnostic functions and settings;

(b) a series of controlled ethyl alcohol water/gas standards shall be analyzed with an accuracy requirement of +/- 5% or .005, whichever is greater, on all target values;

(c) all updates, modifications, or changes which have been approved by the division may be installed; and

(d) a review of the breath analysis instrument's sensitivity for the detection of interfering substances.

(2) A record of the laboratory certification report shall be kept on file at the division.

(3) All new breath analysis instrumentation must receive a laboratory certification prior to placement in the field. Any breath analysis instrument sent to a location other than the division, or an approved repair facility within the state of Montana for maintenance or repair is required to receive a laboratory certification from the division prior to the instrument being placed back into service.

(4) All breath analysis instruments received from the division either after the laboratory certification, preventive maintenance, or after repair, must have a field certification performed by the senior operator, as set forth in ARM 23.4.213, prior to analysis of any subject's breath.

(5) The results of the laboratory certification report shall be placed on file with the division and a copy of the laboratory certification shall be filed with the testing location. Failure to file with the testing location does not invalidate the laboratory certification, or any subject analysis performed at that location, if such certification is on file with the division.

(1) All locations performing breath analysis must have one or more senior operator(s) responsible for the care, maintenance, and field certification of the breath analysis instrument. The senior operator does not have to be a member of the department which has the physical placement of the breath analysis instrument.

(2) All locations must have a sufficient number of breath-test specialists to warrant placement. The number of breath-test specialists for any location will be based on the total number of operators and senior operators within the county.

(3) All locations will provide an adequate operational environment for the breath analysis instrument. If a location fails to do so, the division shall have the right to place that location on suspension, and if the location does not meet approval within 90 days of notification of suspension, the division will revoke the location's certification. If the breath analysis instrumentation is state-owned, the breath analysis instrumentation will be removed.

(4) All locations are required to submit copies of all field certification reports and all breath analysis reports on a monthly basis. Failure to maintain this reporting schedule may result in the revocation of a testing location's certification and revocation of the senior operator's certification. Failure to file the above reports does not invalidate any subject analysis or field certification performed at that location.

(5) In order to obtain approval as a certified test location, an application must be submitted to the division. The division will review the application and will respond with its decision. Applications will be available through the division. All locations established prior to April 1, 1990, are exempt from the application requirement and are granted certification status.

(6) Temporary testing locations may be designated upon the request of a law enforcement agency if the division feels that such location is warranted. Such location must conform to all certification specifications required for a permanent testing location.

(7) Mobile testing locations may be designated upon the request of a law enforcement agency if the division feels that such location is warranted. All mobile testing shall be done in a manner approved by the division. No formal application is required.

(8) All locations should have an equipment control form and a signed user agreement on file with the division to maintain their certification status.

(1) An individual meets the qualifications for an operator permit by:

(a) attending an approved training course conducted by personnel from the division;

(b) satisfactorily demonstrating knowledge of the principles of breath test analysis through discussion and examination; and

(c) satisfactorily demonstrating competent operation of the breath analysis instrumentation.

(2) The division shall issue an operator's permit to persons complying with (1)(a) through (c).

(3) If an operator candidate fails the certification examination, he/she may retake the examination within 30 days of notification of failure. An operator candidate failing the operator examination a second time, must retake the operator initial certification training course and examination.

(4) An individual meets the qualifications for a senior operator permit by:

(a) holding a valid operator permit;

(b) attending an approved senior operator training course conducted by personnel from the division;

(c) satisfactorily demonstrating knowledge of the principles of breath-test analysis through discussion and completion of the senior operator training course;

(d) satisfactorily demonstrating competent operation of the breath analysis instrumentation; and

(e) satisfactorily demonstrating competent preparation and analysis of controlled solutions utilized in field certifications.

(5) The division shall issue a senior operator's permit to an operator successfully complying with (4)(a) through (e).

(6) A person meets the qualifications for technician by:

(a) holding a valid senior operator permit for at least one year. A special exemption for this requirement may be obtained through the division;

(b) attending an approved technician training course conducted by personnel from the division, or an approved manufacturer's course in technical repair and maintenance;

(c) satisfactorily demonstrating knowledge of the technology utilized by the specific breath analysis instrument for which the individual wishes to hold a permit; and

(d) satisfactorily demonstrating competency in problem solving and repair of specific breath analysis instrument.

(7) The technician permit is held in addition to the senior operator permit. An individual holding a technician permit is required to continue the duties and responsibilities of a senior operator.

(1) The division will develop and provide breath-test specialist permit renewal materials to a senior operator for each department.

(2) Senior operators shall provide the permit renewal materials to all breath-test specialists within the senior operators' department. A senior operator from another department may provide the permit renewal materials to departments with no senior operator.

(3) All breath-test specialists shall review the permit renewal materials and acknowledge review as required by the division.

(4) The senior operators shall send all acknowledgment forms to the division unless digital acknowledgment is requested by the division.

(5) The division shall renew permits for all breath-test specialists complying with (3).

(6) A breath-test specialist failing to comply with (3) prior to expiration of her/his current permit, shall not perform any analysis of a person's breath for alcohol until the breath-test specialist's permit is renewed. All breath-test specialists who fail to comply with (3) within 90 days of the expiration date of her/his current permit must either complete an initial certification course or file a written request with the division for an exemption. Exemption requests will be reviewed and approved for good cause by the division. Good cause may include, but is not limited to, lapse in law enforcement service due to military duty, illness, death in the family, or injury. If approved, the breath-test specialist must then comply with (3) within 30 days of the division's approval date.

(7) The division may directly provide the approved permit renewal materials to, and accept acknowledgment forms from, any breath-test specialist at the division's discretion.

(1) No individual may perform a breath analysis for alcohol pursuant to 61-8-1019, MCA, without a current permit. Individuals holding permits issued by the division shall perform only those functions designated by that permit.

(2) Permits shall expire on January 31 in the year following initial certification or permit renewal. The division has the right to deny or delay the issuance or renewal of any permit for good cause.

(1) The division may deny, deny renewal of, suspend, or revoke the permit of any permit holder who:

(a) obtained such permit falsely or deceitfully;

(b) fails to comply with any section of the rules; or

(c) fails to demonstrate that he/she can properly carry out the duties and responsibilities of the issued permit.

(2) The division has the right to revoke, suspend, or deny any permit for good cause.

(1) Blood samples will be collected from living individuals only by persons authorized by current law, upon written request of a peace officer, or officer of the court. Blood samples that are drawn or analyzed by medical staff for medical diagnostic or treatment purposes, and not at the request of a peace officer or an officer of the court, are exempt from these rules.

(2) The skin at the area of puncture must be thoroughly cleansed and disinfected with an aqueous solution of a nonvolatile antiseptic, i.e. betadine, etc. Alcohol phenolic solution may not be used.

(3) The blood sample will be deposited in a clean, dry container. The container should then be capped or stoppered, sealed, and the following information provided:

(a) name of the subject;

(b) date of the collection;

(c) time of the collection; and

(d) evidence seal to be signed and dated.

(4) All blood samples must be of sufficient volume to provide accurate and repeatable analyses. Required volumes will be dependent on the current technology employed by the division. Any submitted sample not meeting the required sample volume will not be analyzed.

(5) The division will provide collection kits consisting of approved collection tubes and the appropriate request forms for collection of blood samples. The division reserves the right to accept or reject any blood sample submitted in a commercially available collection kit.

(6) The approved collection tube will be one that contains a preservative, sodium fluoride or its equivalent, and an anticoagulant, potassium oxalate or its equivalent. The use of other types of collection tubes will be at the discretion of the division.

(7) When possible, the peace officer requesting the blood sample shall observe the collection of the sample so that he/she may attest to the sample's authenticity.

(1) Sampling of body substances other than blood, breath, or urine is considered valid only in postmortem cases. All postmortem body material must be obtained prior to the embalming process. The sample or samples must be taken by a physician, board certified pathologist, the county coroner or a designated representative of the county coroner.

(2) Whenever a postmortem blood sample is collected, all practical precautions to ensure a representative, uncontaminated sample must be employed. Care must be taken to avoid contamination of the sample by gastrointestinal contents if it is necessary to sample heart blood. There must be adequate mixing of the blood sample before withdrawal. If a heart blood sample is taken without autopsy, precautions against dilution of the blood with pleural or pericardial fluids must be employed.

(3) In any postmortem collection of blood, the primary sample for analysis shall be femoral blood. If such sample is unattainable, the next sample of choice shall be heart blood. If a heart blood sample is unattainable, the sample of choice will be urine. Any sample to be drawn will be an uncontaminated sample.

(4) In the event that no fluid samples can be preserved, tissue samples may be submitted. Preferred tissue samples to be brain, liver, lung, and kidney.

(1) All models and/or types of PAST devices used for testing must be approved by the division. A list of approved PAST devices will be maintained at the division.

(2) Individuals conducting PASTs as authorized by statute must be certified as breath-test specialists.

(3) Individuals certified as breath-test specialists pursuant to ARM 23.4.216 on or before July 1, 1995, are deemed to be PAST-certified after attending a PAST operation course approved by the division. Individuals certified as breath-test specialists after July 1, 1995, are deemed to be PAST-certified.

(4) Individuals responsible for field certification of the PAST must receive training approved by the division outlining the procedures for conducting such certifications.

(5) All PAST results will be recorded in a manner approved by the division. As presently used, the results shall be reported only as positive or negative.

(6) PAST results of 0.020 G/210L or greater shall be considered positive for the presence of alcohol, and PAST results of less than 0.020 G/210L shall be considered negative for the presence of alcohol.

(1) "Blood" means whole blood which contains the cellular components and the serum or plasma of blood.

(2) "Buccal swab" means a swab taken from the mouth area to collect cheek cells.

(3) "CODIS" means the FBI's national DNA identification index system that allows the storage and exchange of DNA records submitted by state and local forensic DNA laboratories. The term "CODIS" is derived from combined DNA index system.

(4) "Collection card" means the DNA database collection card prepared by the division and furnished with the DNA sample collection kit.

(5) "Department" means the Montana department of justice.

(6) "Division" means the forensic science division of the Montana department of justice.

(7) "DNA databank" means the repository of DNA samples collected under the provisions of 44-6-101 through 44-6-110 , MCA, and this subchapter.

(8) "DNA identification index" means the computerized identification record system adopted by the department for the storage and retrieval of an individual's DNA record.

(9) "DNA record" means DNA identification information stored in the department's DNA database or CODIS.

(10) "DNA sample" means a blood or tissue sample.

(11) "DNA sample collection kit" means a packet of materials issued by the division for use in collecting, storing and transporting DNA samples.

(12) "EDTA" means the preservative ethylenedia-minetetraacetic acid.

(13) "Marker" means a genetic trait found in DNA including, but not limited to, the STR loci CSF1PO, THO1, TPOX, vWA, D16S539, D7S820, D13S317, D5S818, FGA, D3S1358, D8S1179, D18S51, D21S11 and Amelogenin.

(14) "STR" means short tandem repeat.

(2) A blood sample shall be collected by a physician, registered nurse, licensed practical or vocational nurse, licensed clinical laboratory technologist, or any other health care worker who is trained to properly collect blood samples or other biological specimens.

(3) The division shall provide a reasonable quantity of DNA sample collection kits to criminal justice or law enforcement agencies in this state at no cost to that agency. A DNA sample collection kit shall consist of a mailing envelope bearing an international biohazard symbol containing another envelope, a pair of gloves, two pieces of evidence tape, a kit shipping seal, a collection card with a swab collection envelope, a plastic bag with two cotton swabs, an absorbent pad, instructions for collection of DNA samples, and any other items designated as appropriate by the division.

(4) When collecting a DNA sample, a submitting agency shall use a DNA sample collection kit provided by the division, or any other method which is generally considered acceptable for the collection, storage and transportation of biological specimens.

(5) If the DNA sample collecting kit provided by the division is not utilized, the submitting agency shall package the sample for shipment to the division in compliance with United States postal service regulations (Domestic Mail Manual section CO 23.10.4) for mailing biological specimens.

(6) The person who collects the DNA sample shall seal the material and mark the container with the contributor's name and social security number before returning it to the representative of the submitting agency.

(7) To the extent possible, the submitting agency shall also provide the following information to the department when submitting a DNA sample:

(a) subject's name and signature;

(b) subject's social security number;

(c) subject's date of birth;

(d) subject's gender;

(e) subject's race;

(f) subject's SID, FBI and/or juvenile offender number;

(g) subject's qualifying offense or offenses;

(h) subject's left and right thumb prints;

(i) date and time sample was collected;

(j) name and signature of the individual collecting the DNA sample;

(k) name of the submitting agency and phone number;

(l) name of the person preparing the information herein requested; and

(m) record of the chain of custody of the specimen.

(8) A representative of the submitting agency shall witness the collection of the sample in order that he or she may attest to the sample's authenticity.

(9) Unless the record already exists in the DNA identification index, any person may voluntarily submit a DNA sample to the division for the purpose of creating a DNA record under this subchapter.