Existing law provides that a person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access or who operates or is in actual physical control of a vessel under power or sail on the waters of this State is deemed to have given consent to a preliminary breath test to determine the concentration of alcohol in his or her breath in certain circumstances. (NRS 484C.150, 488.450) Sections 1 and 14 of this bill additionally provide that any such person is deemed to have given consent to a preliminary test of his or her oral fluid to determine the presence of a controlled substance or prohibited substance therein. Existing law contains various provisions that refer to the presence of a controlled substance or prohibited substance in the blood or urine of a person. (NRS 50.315, 50.320, 484C.210-484C.240, 629.065) Sections 2-5 and 16-18 of this bill include references to the oral fluid of a person in such provisions. Existing law creates the Committee on Testing for Intoxication and requires the Committee to certify a device that is designed and manufactured to be accurate and reliable in determining the concentration of alcohol in a person's breath. (NRS 484C.600, 484C.610) Section 8 of this bill renames the Committee as the Committee on Testing for Intoxication and Drug Impairment, and section 9 of this bill additionally requires the Committee to certify devices that are designed and manufactured to be accurate and reliable in determining the presence of a controlled substance or prohibited substance in a person's oral fluid. Section 10 of this bill requires the Committee to adopt regulations: (1) prescribing standards and procedures for calibrating such devices; (2) establishing methods for ascertaining the competence of persons to calibrate such devices and providing for the examination and certification of those persons by the Department of Public Safety; and (3) prescribing the form and contents of records relating to the calibration of such devices and certain other records. Section 11 of this bill requires the Committee to adopt regulations: (1) establishing methods for ascertaining the competence of persons to operate such devices and examine prospective operators and determine their competence; and (2) providing for the certification of operators and examiners by the Department. Sections 5-7, 12, 13 and 15-17 of this bill make conforming changes by updating the name of the Committee throughout the Nevada Revised Statutes. Sections 5, 15 and 16 of this bill also make conforming changes by including references to oral fluid testing devices in the applicable provisions of the Nevada Revised Statutes that currently refer to breath-testing devices.

Statutes affected:
As Introduced: 484C.150, 484C.210, 484C.220, 484C.230, 484C.240, 484C.388, 484C.510, 484C.600, 484C.610, 484C.620, 484C.630, 484C.640, 488.440, 488.450, 488.480, 50.315, 50.320, 629.065
BDR: 484C.150, 484C.210, 484C.220, 484C.230, 484C.240, 484C.388, 484C.510, 484C.600, 484C.610, 484C.620, 484C.630, 484C.640, 488.440, 488.450, 488.480, 50.315, 50.320, 629.065