Rule: 23.18.312 Prev     Up     Next    
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Department: JUSTICE
Subchapter: Montana 24/7 Sobriety Program Act
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) Only transdermal alcohol monitoring devices and vendors on the department's list of approved testing methodologies, instruments, and vendors may be used in the 24/7 program.

(2) The following definitions apply to a transdermal testing regimen:

(a) "Confirmed positive transdermal result" means the transdermal instrument reports a "confirmed positive" based on the participant's alcohol use.

(b) "Confirmed tamper" means an instance where a participant attempts to foil the testing process or alter the test result, with or without success.

(c) "Positive for the use of alcohol" or "confirmed positive" means the transdermal system reports and confirms a participant's alcohol use.

(3) Transdermal alcohol monitoring devices must transmit stored test data to the transdermal alcohol monitoring system for interpretation and storage at least once a week.

(4) At least once a day, the transdermal alcohol monitoring system must transmit collected enrollment and test data into the data management system through a department-approved interface. The uploaded data shall include recently collected data with a date stamp for the day it was collected and a date stamp for the day that the results were generated. If all of the tests for a day are collected, but not confirmed, a message indicating that the data for that day is "in process" should be transmitted to the data management system. No data or message should be transmitted for a day where data has yet to be collected from the testing device. Once confirmed data has been successfully uploaded to the data management system, it should not be uploaded again unless the data management system requests it.

(5) Required data includes the following:

(a) enrollment data as outlined in ARM 23.18.303(4);

(b) the instrument's identification;

(c) the name of the instrument/bracelet owner;

(d) the program start and end dates;

(e) the device attachment date;

(f) the data transfer type;

(g) the days monitored;

(h) the number of analyses performed daily;

(i) any confirmed test results with the time, date, and if the test result is positive, the transdermal alcohol concentration;

(j) the device removal date;

(k) the removed instrument's identification;

(l) the reason for the device's removal;

(m) the reason for the participant's program termination; and

(n) the date and time of the participant's program termination.

(6) Transdermal alcohol monitoring devices must sample a person's perspiration at least once every 30 minutes.


History: 44-4-1204, MCA; IMP, 44-4-1203, 44-4-1204, MCA; NEW, 2020 MAR p. 2407, Eff. 12/25/20.


MAR Notices Effective From Effective To History Notes
23-18-249 12/25/2020 Current History: 44-4-1204, MCA; IMP, 44-4-1203, 44-4-1204, MCA; NEW, 2020 MAR p. 2407, Eff. 12/25/20.
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