Volume 42 - Issue 5 - February 2, 2023

State of Kansas

Bureau of Investigation

Permanent Administrative Regulations

Article 25.—TESTING ORAL FLUID FOR LAW ENFORCEMENT PURPOSES

10-25-1. Definitions. As used in this article of the KBI’s regulations, each of the following terms shall have the meaning specified in this regulation:

(a) “Agency” means any law enforcement agency under whose authority preliminary oral fluid screening tests are performed.

(b) “Director” means director of the KBI.

(c) “KBI” means Kansas bureau of investigation.

(d) “Preliminary oral fluid screening test” means a test to determine the presence or absence of drugs in the oral fluid of a person for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized in K.S.A. 8-1001, and amendments thereto.

(e) “Preliminary oral fluid screening test device” and “device” mean an instrument designed to perform a preliminary oral fluid screening test.

(f) “Preliminary oral fluid screening test device operator” means the employee at an agency who is responsible for administering preliminary oral fluid screening tests. (Authorized by and implementing K.S.A. 75-712h, as amended by L. 2022, ch. 80, sec. 23; effective Feb. 17, 2023.)

10-25-2. Preliminary oral fluid screening test devices. (a) Each preliminary oral fluid screening test conducted shall be performed on a device approved by the director.

(b) The device approved for use shall be the Abbott SoToxa™ model.

(c) Each agency shall be responsible for the training of preliminary oral fluid screening test device operators. All training shall follow the operational instructions supplied by the manufacturer for the device in use. (Authorized by and implementing K.S.A. 75-712h, as amended by L. 2022, ch. 80, sec. 23; effective Feb. 17, 2023.)

Kirk D. Thompson
Director
Bureau of Investigation

Doc. No. 050857