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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) It shall be unlawful for any person to make any test of the human breath for law enforcement purposes, unless:
(1) Such person has complied with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amendments thereto to govern the procedures, standards of performance and the qualifications, training, certification and annual testing of personnel for the testing of human breath for law enforcement purposes; and
(2) the apparatus, equipment or device used by such person in the testing of human breath for law enforcement purposes is of a type approved by the secretary of health and environment and otherwise complies with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amendments thereto to govern the periodic inspection of such apparatus, equipment and devices.
(b) Any person who violates any provision of subsection (a) shall be guilty of a class C misdemeanor.
(c) Nothing in this section shall be construed to prohibit the use of devices approved pursuant to K.S.A. 65-1,107 and amendments thereto for preliminary screening tests for law enforcement purposes.
Cite this article: FindLaw.com - Kansas Statutes Chapter 65. Public Health § 65-1,109. Testing human breath for law enforcement purposes; unlawful acts; penalty - last updated January 01, 2025 | https://codes.findlaw.com/ks/chapter-65-public-health/ks-st-sect-65-1-109/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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