The bill amends RCW 46.61.506 to update the legal framework surrounding toxicology testing in Washington State. Key changes include the specification that breath analysis for alcohol concentration will be based on grams of alcohol per 210 liters of breath, and blood analysis for THC concentration will be based on nanograms per milliliter of whole blood. The bill also clarifies that valid analyses must be performed by individuals with permits issued by the state toxicologist or by laboratories certified under ISO/IEC 17025 standards for forensic toxicology testing. Additionally, the state toxicologist is tasked with approving methods and supervising the qualifications of individuals conducting these analyses.

Further amendments include the establishment of specific conditions for breath tests to be admissible in court, such as ensuring the person being tested did not consume anything for at least 15 minutes prior to the test and that the testing equipment meets certain temperature and accuracy standards. The bill also outlines the qualifications required for individuals authorized to withdraw blood for testing and sets conditions for blood sample collection, particularly when performed by certified forensic phlebotomists. Lastly, it allows individuals tested to have their own health care provider administer additional tests, which can be admissible if the testing method is generally accepted.

Statutes affected:
Original Bill: 46.61.506