TABLE
OF CONTENTS
EXECUTIVE SUMMARY 3
DEFINITIONS 4
STANDARDS
FOR THE DRUG EVALUATION
AND CLASSIFICATION PROGRAM 8
Standards
for Certification as a Drug
Recognition
Expert 8
Standards
for Certification as Drug
Recognition
Expert Instructor 15
Standards
for Recertification 19
Standards
for Decertification of DREs
and
Instructors 21
Standards
for Reinstatement of a Decertified
Drug
Recognition Expert 23
Standards
for Agency Participation 24
ADMINISTRATIVE GUIDELINES 28
EXECUTIVE
SUMMARY
Since 1984, the National
Highway Traffic Safety Administration (NHTSA) has supported the Drug Evaluation
and Classification Program. The program which was initially developed by the Los Angeles, California, Police Department,
was validated through both laboratory and field studies conducted by Johns
Hopkins University. In 1987, the Highway Safety Committee of the International
Association of Chiefs
of Police (IACP) was requested by NHTSA to participate in the development and
national expansion of the program. As the program grew, it became apparent that
in order to ensure continued success, nationally accepted standards needed to
be established. These
standards, which establish criteria for the selection, training and
certification of drug recognition experts, helped to ensure the continued high
level of performance of the Drug Evaluation and Classification Program. In
1988, NHTSA asked the
IACP and its Highway Safety Committee to develop this system of nationally
accepted standards.
In
March of 1989, the IACP and NHTSA sponsored a meeting at the Transportation
Safety Institute in Oklahoma City, Oklahoma. Persons invited to this meeting included
experienced drug recognition experts, instructors, curriculum specialists,
toxicologists, prosecutors and training administrators. The participants met
in working groups to reach consensus concerning the many issues relating to the
Drug Evaluation and Classification Program and to develop recommended minimum
standards to the Highway Safety Committee. The standards were drafted and
presented to the committee for review at its mid-year meeting in June 1989. In
addition, the committee agreed to name a Drug Evaluation and Classification
Technical Advisory Panel to assist and advise the committee concerning
technical aspects relating to the operation of the program.
The
Highway Safety Committee, by resolution, adopted the Interim National Standards of the Drug Evaluation and Classification
Program. The standards were subsequently approved by the voting membership
of the IACP. The standards were adopted on an interim basis pending the outcome
of an evaluation of the effectiveness of the program to be performed by NHTSA.
In October 1992, the standards were officially approved and adopted. Revisions
and updates are periodically made to the standards.
Presented in this document
are standards specifying the requirements for certification and recertification of DREs and DRE
instructors; standards for decertification and reinstatement; and standards for
agency participation. Also, for those agencies participating in the program, a
set of administrative guidelines is provided.
These
standards, when adopted by other countries, will be administered pursuant to
their political structure.
DEFINITIONS
ASSOCIATE INSTRUCTOR:
Persons not certified as DREs but who possess
knowledge, expertise or credentials deemed valuable to the program may be
designated as associate instructors for the Drug Evaluation and Classification
Program.
BLOOD ALCOHOL CONCENTRATION (BAC):
A
person's blood alcohol concentration indicates the grams of alcohol per 100
milliliters of blood. For example, a BAC of 0.10% means that there is one-tenth
of a gram of alcohol in 100 milliliters of the person's blood.
CANDIDATE DRE:
An
individual in the process of achieving certification as a drug recognition
expert. To achieve certification, a person must successfully complete a
training program consisting of
An
IACP/NHTSA-approved SFST training course of instruction
A two-day
IACP/NHTSA-approved DRE preschool
A seven-day
IACP/NHTSA-approved DRE school
On-the-job
field certification
CANDIDATE DRE INSTRUCTOR:
An
individual in the process of achieving certification as a DRE instructor. To
achieve certification, a DRE must successfully complete the IACP/NHTSA-approved
DRE instructor training, conduct a minimum of two hours of DRE training, and
witness two drug evaluations.
COURSE MANAGER:
An individual who ensures that each training event follows the
standardized curriculum and evaluates the training event to identify ways to
improve it. The course manager represents the National Highway Traffic Safety
Administration and the International Association of Chiefs of Police and
resolves issues with the content and/or delivery of the training.
DRE COORDINATOR:
The
appropriate DRE coordinator will be one of the following:
Agency Coordinator: The
person designated within each department or agency responsible for maintaining
program records, ensuring maintenance of program standards and conducting
training and certification sessions within the agency. Responsibility for this
function may rest with one individual, in the case of a small or closely
coordinated effort, or may be decentralized among several people throughout the
agency. If there is no designated agency coordinator, the appropriate DRE
coordinator shall be the state coordinator.
State Coordinator: In
each of the states in which the Drug Evaluation and Classification Program has
been implemented under the auspices of the National Highway Traffic Safety
Administration, an individual has been designated to act as the statewide
coordinator for the DEC Program. The duties of the position generally include
but are not limited to
1. Acting
as an information clearinghouse and central communication point for the
program within the state.
2. Assisting
in coordinating training and other support activities for all agencies
participating in the program within the state.
3. Coordinating
the assignment of instructors in response to requests for service from federal
and other sources.
The Governor’s Office
of Highway Safety shall be responsible for designating the state coordinator.
If there is no designated state coordinator, the appropriate DRE coordinator
shall be the TAP regional coordinator, who shall assume the duties and
responsibilities as described above.
TAP Regional Coordinator: One
DRE from each of the four regions, as established by the Division of State and
Provincial Police, is appointed by the IACP Highway Safety Committee Chair to
serve on the Technical Advisory Panel.
DRE INSTRUCTOR:
Individuals
who, having been trained and certified as drug recognition experts, receive
further training and experience instructing within the Drug Evaluation and
Classification Program. Certified instructors will usually be certified DREs
with experience in performing drug evaluations and in providing testimony in
court in the area of drug recognition. Certified instructors are responsible
for observing, evaluating and verifying the performance of candidate DREs.
CRIMINAL JUSTICE AGENCY:
For
purposes of these standards, a criminal justice agency is any organization,
funded by public monies, that is involved in the apprehension, prosecution,
adjudication of public miscreants; or in the incarceration, detention,
supervision or control of said miscreants following apprehension, prosecution
and/or adjudication.
DRUG:
For
purposes of the Drug Evaluation and Classification Program, a drug is any
substance that, when taken into the human body, can impair the ability to
operate a motor vehicle safely. Note that this is not necessarily a strict
medical definition.
DRUG EVALUATION:
A
process of systematically examining a person suspected of being under the
influence of a drug, for the purpose of ascertaining what category of drugs (or
combination of categories) is causing the person's impairment. A trained DRE
can identify, with a high degree of reliability, the distinguishing signs and
symptoms of seven broad categories of drugs.
DRUG EVALUATION AND CLASSIFICATION TECHNICAL
ADVISORY PANEL:
This
group was formed to assist the Highway Safety Committee of the International
Association of Chiefs of Police on specific matters relating to the Drug
Evaluation and Classification Program. These matters include the revision of
the approved training curriculum, review and approval of proposed alternative
training programs, and other matters relating to the technical aspects of the
DEC Program.
DRUG RECOGNITION EXPERT (DRE):
An
individual who has successfully completed all phases of training requirements
for certification established by the International Association of Chiefs of
Police and the National Highway Traffic Safety Administration.
HIGHWAY SAFETY COMMITTEE:
A standing committee of the IACP that addresses
highway safety issues.
HORIZONTAL GAZE NYSTAGMUS (HGN):
A loss of the normal control of the eyes observed as an involuntary
jerking occurring when a person attempts to follow as stimulus with the eyes
and/or looks to the left or right side.
IMPAIRMENT:
One of the several terms used to describe the degradation of mental
and/or motor abilities necessary for safely operating a motor vehicle.
IMPLIED
CONSENT:
Every
state has enacted a version of an Implied Consent law, which serves to
encourage persons arrested for DWI to submit to a chemical test to determine
blood alcohol content. Many states also allow for the testing of blood, breath
or urine for the presence of drugs and/or alcohol. The concept of implied
consent is that the state views the suspect as already having agreed to take
the test, as a condition of operating a vehicle in the state. The typical
wording of an implied consent law is as follows: AAny person who operates a motor vehicle upon the
public highways of this state shall be deemed to have given consent to a
chemical test or tests for the purpose of determining the alcohol (or drug)
content of his or her blood, when arrested for any act alleged to have been
committed while the person was operating a vehicle while under the influence of
alcohol (or any drug).@
The
law further provides that, if the arrestee nevertheless refuses to submit to
the chemical test, he or she will not be forced to submit, but the driver's
license will be suspended or revoked.
IACP
STAFF:
With
grant assistance from the National Highway Traffic Safety Administration, the
Division of State and Provincial Police of the IACP has agreed to develop
standards and assist in managing the certification process for the Drug
Evaluation and Classification Program. As part of this agreement, the IACP will
perform necessary staff and coordination functions for the program. The staff
of the Division of State and Provincial Police is responsible for maintaining
records for the program and will coordinate certification and recertification
processes.
INSTRUCTOR TRAINER:
An
experienced DRE instructor who conducts instructor training courses and who
must be knowledgeable of and have audited all phases of the Drug Evaluation and
Classification training program and must be fully conversant with the student
and instructor manuals.
INTOXICATION:
One
of the several terms used to describe the degradation of mental and/or motor
skills and other faculties due to ingestion of alcohol or other drugs.
NHTSA:
The
National Highway Traffic Safety Administration, within the United States
Department of Transportation that exercises primary responsibility for
coordinating federal efforts to ensure the safe design and operation of motor
vehicles.
STANDARDIZED FIELD SOBRIETY TESTS:
The
Standardized Field Sobriety Tests include three tests that were developed and
validated through a series of controlled experiments supported by research
grants from NHTSA.
The three tests include Horizontal Gaze Nystagmus (HGN); Walk and Turn (WAT);
and One Leg Stand (OLS).
The
HGN test is described elsewhere in these definitions.
Walk
and Turn and One Leg Stand are divided
attention tests. As such, they require the suspect to concentrate on more
than one thing at a time.
The
training course developed by IACP and NHTSA, “DWI Detection and Standardized
Field Sobriety Testing,” is a program designed to train traffic enforcement
officers to administer the sobriety tests. The training includes two approved
alcohol workshops. During these workshops, students practice administering the
test battery. In order to complete the course satisfactorily, students must
pass a written examination and demonstrate proficiency in administering the
field sobriety test battery.
I. STANDARDS FOR CERTIFICATION AS A DRUG
RECOGNITION EXPERT
The
standards in this section specify the criteria that must be met prior to an
individual's being certified as a drug recognition expert (DRE). These criteria
outline the knowledge and skills required to be considered for training, as
well as the knowledge and proficiencies required for final certification.
The currently approved
curriculum involves a three-phase training process. Prior to beginning the training program, students are required
to be trained in and demonstrate proficiency in the use of the
IACP/NHTSA-approved standardized field sobriety tests, including the horizontal
gaze nystagmus test. Phase I of the drug recognition training consists of a two-day (16-hour)
preschool. During this preschool, students are taught the definition of the
term “drug” as it is used in the Drug Evaluation and Classification Program,
and become familiar with the techniques of the drug evaluation. Students also begin to learn the
techniques and procedures for evaluating persons suspected of drug impairment.
Phase
II of training is a seven-day (56-hour) classroom program during which students
receive detailed instruction in the techniques of the drug evaluation
examination as well as in physiology, the effects of drugs and legal
considerations. Upon completion of this phase of training, the student must
pass a comprehensive written examination before proceeding to Phase III of
training, the field certification.
The field certification
portion of training follows completion of the classroom training and is
conducted at periodic intervals for the next sixty to ninety days. During this
portion of the training, students, under the direction of certified instructors,
evaluate subjects suspected of being impaired by drugs other than alcohol.
After participating
in and documenting the results of at least twelve drug evaluations and
completing a comprehensive examination, the student is certified as a drug recognition expert.
1.1 In order to be considered for certification as a drug recognition
expert, a person shall be in the employ and under the direct control of a
public criminal justice agency or institution involved in providing training
services to officers of law enforcement agencies.
Commentary: At the discretion of the agency head or
administrator, and with the consent of the training body, other persons may
audit or observe any or all portions of the DRE training. Persons attending the
course as auditors or observers shall not be eligible for certification.
Persons
pursuing certification as drug recognition experts for the purpose of
instructing in the Drug Evaluation and Classification Program must meet all
requirements for certification and recertification in order to maintain their
standing as DREs or DRE instructors.
1.2 The candidate DRE must have experience in preparing comprehensive
investigative reports and in providing detailed court testimony.
Commentary: The technical nature of the drug evaluation
process and the need to provide detailed and accurate documentation of findings
and conclusions requires proficiency in preparing reports. Candidate DREs
should have demonstrated the ability to investigate, document and prepare
detailed reports of incidents such as major traffic crashes or criminal
violations. In addition, DREs must be able to provide court testimony
concerning their methods and results, as well as their training and
qualifications.
1.3 All DRE candidates must attend and complete the
IACP/NHTSA-approved course of instruction in Standardized Field Sobriety
Testing, or an equivalent curriculum approved by the IACP Highway Safety
Committee and Technical Advisory Panel. They shall demonstrate proficiency in
the use of Standardized Field Sobriety Tests, to the satisfaction of a DRE
instructor, by the conclusion of the IACP/NHTSA DRE Pre-school or a school
meeting Standard 1.2 above.
Commentary: The drug evaluation
process requires that the contribution of alcohol to observed impairment be
determined. The National Highway Traffic Safety Administration has developed,
and the IACP has adopted, the Standardized Field Sobriety Test procedure in
conjunction with immediate breath testing, as a means of identifying the alcohol-impaired
driver. If the effects of alcohol are determined not to be the sole cause of
impairment, the officer can begin the evaluation process to determine what
other causes may be responsible.
In order to conform to the
IACP/NHTSA model curriculum, SFST training must contain the specified number of hours and include at
least two approved alcohol workshops. In addition, the training must instruct
students in the administration of the horizontal gaze nystagmus, walk and turn, and one leg stand tests.
Each agency should ensure
that candidates submitted for DRE training have had adequate time prior to
beginning the training program to develop and to demonstrate proficiency in the
use of SFST/HGN or allow for refresher training in these techniques as necessary.
1.4 All DRE candidates must attend and complete the IACP/NHTSA DRE
Pre-school or an IACP-recognized equivalent prior to progressing to Phase II,
the DRE School.
1.5 Prior to attending phase II of the DRE training, the candidate
shall have met the learning objectives for phase I of the training program, the
IACP/NHTSA-approved DRE preschool. The candidate shall be able to
1. Define
the term “drug” as it is used in the DEC Program;
2. Name the
seven drug categories identified in the DRE training program;
3. Measure
vital signs, including blood pressure, pulse and body temperature;
4. Show
familiarity with the 12-step drug recognition evaluation process;
5. Demonstrate
proficiency in the administration of the Standardized Field Sobriety Tests,
including Horizontal Gaze Nystagmus;
6. Show
familiarity with the administration of the eye examinations, including pupil
size, vertical nystagmus and lack of convergence.
These learning objectives are generally met through completion of Phase
I, the DRE preschool. However, agencies
have the latitude to determine the best means of ensuring that candidate DREs
meet the prerequisites. The agency must verify, through the application process to the
instructor responsible for delivering the training, that a candidate meets all requirements. Each
candidate DRE will be required to demonstrate the knowledge and skills
outlined.
Administrative
guidelines and suggested application forms containing the necessary information
will be provided by IACP staff to agencies and training institutions.
1.6 The candidate DRE shall complete an approved classroom training
course which shall, at minimum, achieve the learning objectives as stated in
the IACP-approved training curriculum.
Commentary: The National Highway Traffic Safety
Administration and the International Association of Chiefs of Police have
developed a classroom training course that, when completed, qualifies the
student to proceed to the field certification portion of the training program.
Because of differences in the type and level of training for officers in the
detection of the impaired subject, agencies should determine the most
effective means of providing classroom training in drug recognition. However,
in order to maintain the credibility and integrity of the certification
program, agencies that use a training program other than that currently
approved by the IACP, must have the alternative curriculum approved by the IACP
Technical Advisory Panel as meeting learning objectives. In addition, the
Technical Advisory Panel will be responsible for providing periodic updates and
modifications to the IACP training curriculum.
1.7 All candidate DREs shall
attend and complete all classroom portions of an approved DRE curriculum prior
to progressing to Phase III (the field certification phase) of the training.
This shall include satisfactorily completing all assignments and required
examinations. Students shall not be permitted to “test out” of portions of
the training, nor shall they be permitted to attend only those classes that
they have not previously completed.
Commentary: Class sessions missed should be made up
prior to the final exam.
1.8 In order to complete satisfactorily the classroom portion of the
training and proceed to field certification, candidate DREs must complete an
IACP-approved final examination with a score of not less than eighty percent
(80%). Candidates scoring less than 80% on the final examination may be
retested one time, under the supervision of a certified DRE instructor. The
retest shall be completed not less than fifteen nor more than thirty days
following the completion of the classroom training.
Commentary: Upon satisfactory completion of the
examination, the candidate may then proceed to field certification. The
examination used to retest the candidate shall be an IACP-approved examination
and shall not have been administered to the candidate previously. If the
candidate does not achieve a passing score on reexamination, the candidate
must retake the classroom portion of the training and pass the knowledge
examination before proceeding further in the certification process.
1.9 Upon completion of the field certification phase of training, the
candidate must demonstrate the ability to conduct a complete drug evaluation in
an approved sequence and appropriately document and interpret the results. The
candidate must also be able to document the findings of the evaluation and
demonstrate proficiency in interviewing techniques.
Commentary: One of the primary factors in the success of
the Drug Evaluation and Classification Program has been the emphasis upon a
standardized approach to the drug recognition process. The training stresses
the importance of a systematic, structured approach to performing the drug evaluation.
This includes completing all portions of the evaluation in the appropriate
sequence. Upon conclusion of an evaluation the DRE reviews the results of all
tests, examinations and observations; documents the findings; and draws a
conclusion based on the totality of the evidence.
1.10 To be considered for certification as a drug recognition expert,
the candidate must satisfactorily complete a minimum of twelve (12) drug
evaluations, during which the candidate must encounter and identify subjects
under the influence of at least three of the drug categories as described in
the DRE training program. All three drug categories must be supported by
toxicology.
Of the
evaluations required for certification, the candidate shall administer at least
six evaluations. The candidate may observe the remaining evaluations.
Certification training evaluations will be conducted in accordance with the
current procedures and guidelines established in the DECP training curricula.
All
evaluations, either administered or observed, and documented for certification
purposes, shall be observed and supervised by at least one certified DRE
instructor.
Commentary: Ideally, a drug evaluation will be performed
by no more than two persons: the evaluator and one observer. At no time should
more than four persons participate in an evaluation, as the results of the
evaluation may be influenced by the distraction caused by a large number of
persons observing the process.
1.11 Prior to completing the certification phase of training, the
candidate DRE must demonstrate the ability to draw correct conclusions
consistent with observed physiological signs and symptoms. In addition, the
conclusions must be supported by the findings of a forensic toxicology
laboratory. No candidate DRE shall be certified as a drug recognition expert
unless blood, urine, or other appropriate biological samples are obtained and
submitted from at least nine (9) subjects whom the candidate DRE has examined
for certification purposes. These may include subjects for whom the candidate
DRE served as the examination recorder or observer as well as those subjects
directly evaluated by the candidate DRE. Further, the candidate DRE cannot be
certified unless the opinion concerning the drug category or categories
affecting the subject is supported by forensic toxicological analysis
seventy-five percent (75%) of the time, or in at least seven (7) of the nine
(9) samples submitted for certification purposes. For purposes of this
standard, a candidate DRE’s opinion is supported if the toxicological analysis
discloses the presence of at least one drug category named by the candidate
DRE. In the event that the candidate DRE has concluded that three or more
categories of drugs are involved, at least two categories must be supported by
toxicology results.
Commentary: Successful and uniform application of this
standard places important forensic toxicological requirements on the program.
First, the blood or urine specimen must be obtained as soon as possible after
the arrest so that the contents of the sample refer to the subject's status at
the time of the offense. Second, the sample must be properly sealed, stored,
transported to the forensic toxicology laboratory and analyzed in a timely
fashion to maintain the integrity of the specimen. Third, the drug recognition
examination should be conducted as soon as possible after the offense so that
the results of the evaluation accurately refer to the subject's status at the
time of the offense. Fourth, the laboratory should use its full powers of
analysis and detection to attempt to identify each category named by a
candidate DRE; in some cases this may require the laboratory to modify its routine
screening and confirmation procedures. Finally, the laboratory must complete
its report on the samples as soon as possible and provide a copy of the report
to the arresting officer, DRE or candidate DRE submitting the sample. It is the
submitting officer's responsibility to provide a report to each DRE or
candidate DRE who participated in the evaluation.
Although
the candidate DRE must complete a minimum of twelve (12) drug evaluations
(standard 1.10), standard 1.11 requires only 75 percent of those to include a
biological sample. This allows for those cases in which a biological sample is
unavailable, such as when a subject refuses or cannot provide one. In those
cases when an evaluation is not supported by forensic toxicology, a certified
DRE instructor should ensure that the candidate DRE’s opinion was based on
observable signs and symptoms consistent with the opinion.
1.12 Prior to concluding field
certification training, the candidate shall satisfactorily complete an
approved “Certification Knowledge Examination.” The examination shall be
administered and the results reviewed by at least one certified instructor. The
examination shall only be administered after the candidate has completed not
less than three drug evaluations.
Commentary: The “Certification Knowledge Examination” consists of
a comprehensive written examination followed by a detailed interview with the
reviewing instructor(s). As stated previously, certification is based on the
evaluation by the instructor(s) of the skills and abilities of the candidate
rather than on the completion of a specified set of tasks. The purpose of the
examination and interview is to aid the instructor(s) in evaluating the candidate's
qualifications, performance and general abilities.
The
examination should be administered when, in the judgment of the reviewing
instructor(s), the candidate has demonstrated proficiency in conducting,
evaluating and documenting results of the drug evaluation process.
1.13 The candidate DRE shall complete the field certification phase of
training within six months following completion of the classroom training,
unless the time limit is extended by the appropriate DRE coordinator.
Commentary: Under normal circumstances, a candidate not
completing field certification within the prescribed time period will be
dropped from the program. However, a reevaluation of the candidate's
qualifications and the reasons for non-completion may be conducted by the
appropriate DRE coordinator to determine whether or not circumstances exist
that indicate that the candidate should continue in the program.
1.14 By the time the candidate DRE has completed field certification
training, the candidate shall have prepared a résumé which shall reflect the
candidate’s training and experience in drug recognition. The résumé shall
include a complete log of all evaluations in which the candidate has
participated.
Commentary: In order to be accepted as a credible
witness, the drug recognition expert must be able to document and articulate a
body of information concerning training, qualifications and experience in the
field of drug evaluation and classification. Toward this end, candidates are
instructed in the importance and proper preparation of a professional résumé.
1.15 When the candidate DRE has satisfactorily completed all
requirements of the classroom and field certification portions of training, at
least two certified DRE instructors who have observed the candidate during the
field certification process will verify that the candidate meets all
requirements for certification as a drug recognition expert.
Commentary: The certification process relies in large
part on the judgment of the instructor(s) as to the abilities and performance
of the candidate. Experience has shown that in many cases, particularly those
in which a candidate's qualifications may be in question, the opinion of a
second instructor as to readiness for certification is of value. In addition,
the use of a second instructor to evaluate the candidate may overcome any bias,
either for or against a candidate. For these reasons, each candidate must be
evaluated by at least two instructors prior to becoming certified as a DRE.
1.16 Following completion of certification requirements, copies of all
documents, including test results, evaluation logs and drug evaluation reports
shall be forwarded to the agency DRE coordinator who shall forward all
documents to the state coordinator. The state DRE coordinator shall forward the names and copies of
certification progress logs of the DREs they
have certified as having successfully completed all phases of the DRE training
program. The IACP will then credential each applicant and will register him as
a certified drug recognition expert.
Commentary: The IACP staff shall maintain current
listings of persons certified as drug recognition experts. Upon notification
that a person has met all requirements, staff shall complete and forward to the
state coordinator a certificate
indicating that he meets all requirements of the Drug Evaluation and Classification Program as a drug
recognition expert. The state coordinator shall forward these documents to the
agency which, in turn, will present them to the DRE.
II. STANDARDS
FOR CERTIFICATION AS DRUG RECOGNITION EXPERT
INSTRUCTOR
Because
of the highly technical nature of the functions performed by the drug
recognition expert, only persons experienced in the techniques of drug
evaluation should instruct in the Drug Evaluation and Classification Program.
In general, these instructors will be certified drug recognition experts with
experience in performing drug evaluations and in providing testimony in court
in the area of drug recognition. However, persons who possess specialized
skills or credentials may be utilized to teach certain parts of the training
course as associate instructors. Dedicated, qualified instructors are critical
to the continued success of the Drug Evaluation and Classification Program.
Certified
instructors are responsible for observing, evaluating and verifying the
performance of candidate DREs throughout the training and certification
process. In addition, certified instructors must provide periodic update
training to DREs already certified.
Also
addressed in this section are standards for the use of instructor trainers in
the program. These individuals are responsible for the training of DRE
instructors.
2.1 Only persons certified as drug recognition experts may be
certified as DRE instructors.
Commentary: Persons not certified as DREs but who
possess knowledge, expertise or credentials deemed valuable to the program may
be designated as associate instructors for the Drug Evaluation and
Classification Program. Persons who might be considered for such designation
may include medical professionals, attorneys and others who possess knowledge
in a designated field of expertise. Associate instructors must be familiar with
the Drug Evaluation and Classification Program and fully conversant with the
lesson plans for their assigned blocks of instruction. Classes taught by
associate instructors shall be taught in cooperation with certified DRE
instructors to ensure consistency.
Each associate instructor
should provide to the state coordinator a biographical sketch to be included in the file of approved
instructional staff. The biographical sketch shall include those segments of the training curricula
that the associate instructor is qualified to teach.
2.2 A DRE
desiring to become an instructor in the Drug Evaluation and Classification
Program shall make written application to the agency coordinator. The agency
coordinator will ensure that the candidate meets all requirements to become an
instructor and will refer the application to the state coordinator.
Commentary: The agency head shall verify to the training
provider that a candidate instructor meets all prerequisites to enter DRE
instructor training. Prerequisites may also include any state, local or agency
requirements specified for instructors within the jurisdiction. The state
coordinator shall provide to requesting agencies the administrative guide and
sample application forms for candidate instructors.
2.3 The candidate shall satisfactorily complete the
IACP/NHTSA-approved Drug Evaluation and Classification Instructor Training
Program, or an approved equivalent, which shall include both knowledge and
practical examination of candidate instructors.
Commentary: This requirement does not preclude states or
local jurisdictions from placing additional requirements on persons wishing to
teach in the local law enforcement community.
2.4 Upon satisfactory completion of the IACP-approved classroom
portion of training or completion of an equivalent program, the student shall
be designated as a candidate instructor
for purposes of completing instructor certification. To complete instructor
certification, the candidate instructor must
·
teach for a minimum of two hours in the classroom
portion of an approved drug recognition training program; and
·
supervise the administration of not less than two drug
evaluations performed by candidate DREs during certification training.
The
candidate instructor’s progress shall
be monitored and evaluated by at least one certified DRE instructor.
Commentary: The National Highway Traffic Safety
Administration and the IACP have developed a training curriculum for
instructors in the Drug Evaluation and Classification Program. The learning
objectives for this program emphasize specific techniques for teaching the
specialized information contained in the drug recognition training program.
The
Technical Advisory Panel shall be responsible for reviewing and evaluating
alternative training programs submitted by agencies. Those programs meeting or
exceeding the approved learning objectives for instructor training shall be
deemed “equivalent.” This does not preclude agencies or states
from adopting more stringent standards.
2.5 Upon satisfactory completion
of instructor training, copies of all documentation, including instructor
progress logs, examination scores and instructor evaluations, shall be forwarded
to the appropriate DRE coordinator. The agency DRE coordinator will forward
these documents to the state coordinator who shall certify that they have
successfully completed all phases of DRE instructor training. The IACP will then credential each applicant and
will register him as a certified DRE
instructor.
Commentary: The IACP staff will maintain a
current register of persons certified as instructors in the Drug Evaluation and
Classification Program. Upon notification that a person has met all
requirements, the staff shall complete and forward to the state coordinator a certificate indicating that he/she
meets all requirements as a DRE instructor. The state coordinator shall forward
these documents to the agency who, in turn, will present them to the DRE
instructor.
The
administrative guidelines shall provide sample forms for necessary progress
logs and certification documents.
2.6 To ensure the proper conduct
and delivery of the approved curriculum, all training sessions conducted as
part of the Drug Evaluation and Classification Program shall be coordinated by
a certified DRE instructor who has previously instructed. All classes taught by
associate or candidate instructors
shall be supervised directly by a certified DRE instructor.
Commentary: To ensure that all training classes are
conducted in accordance with applicable standards, it is recommended that the
instructor coordinating the training program have a minimum of one-year
experience as a drug recognition expert instructor.
2.7 An instructor trainer shall have demonstrated proficiency as an
instructor.
2.8 An instructor trainer must be knowledgeable of and have audited
all phases of the Drug Evaluation and Classification training program and must
be fully conversant with the student and instructor manuals.
Commentary: An instructor trainer must present evidence
of the satisfactory completion of the NHTSA/IACP
Instructor's Development Course or equivalent. Instructor trainers must be
familiar with the Drug Evaluation and Classification Program and fully conversant
with the lesson plans for their assigned blocks of instruction. To ensure
consistency, classes taught by instructor trainers shall be taught in
cooperation with certified DRE instructors.
Each instructor trainer
shall provide to the appropriate DRE coordinator a biographical
sketch to be included in the file of approved instructional staff. The
biographical sketch shall include those segments of the training curricula that
the instructor trainer is qualified to teach.
The state coordinator should maintain a record of
persons qualified as instructor trainers in the Drug Evaluation and Classification Program.
2.9 The course manager shall
perform four duties: planning and preparation, on-scene course management, data
collection, and reporting. These responsibilities involve the following:
1. Assigning
instructors, and verifing in advance that the training is conducted in the
standardized manner and that it is properly evaluated;
2. Ensuring
at the training site that all necessary conditions exist to maximize the
students’ ability to learn;
3. Collecting
certain data following every training event and forwarding it to the host state
coordinator; and
4. Preparing
a comprehensive report following every training event.
III. STANDARDS FOR RECERTIFICATION
Recertification is necessary to ensure that DREs and
DRE instructors maintain proficiency. Just
as the standards in the previous sections have outlined the criteria for original certification, the standards outlined in this section are required to ensure that professional integrity is
maintained throughout the recertification process.
3.1 The following records concerning certification and
recertification shall be maintained:
Individual DRE/ Copies of
all drug evaluations
DRE Instructor Evaluation logs
Resume
Certification
and recertification progress logs
Certificates
Agency DRE Coordinator Copies of evaluation logs
Certification
progress logs
Copies
of certificates
Instructor
ratings and summaries of student critiques
Records
of classes taught by each instructor
State DRE Coordinator and/or Copies of evaluation logs
(optional)
IACP
Staff Certification
progress logs
File
of certified DREs and instructors
Recertification
information
Commentary: Guidelines for the retention of pertinent
records concerning the program operation help to ensure integrity of the
program and provide valuable information for purposes of statistics and court
verification of training. Other records as deemed appropriate by local
agencies or certification commissions may be required of the individual DRE
or the appropriate DRE coordinator.
3.2 DREs shall be required to renew their
certificates of continuing proficiency every two years. A one-year grace period
following the lapse of certification may be allowed for those not meeting
recertification standards. During the grace period, the DRE may be rectified
without having to repeat the original certification process.
3.3 The state coordinator shall
be notified of those DREs in need of recertification at least six months prior
to the expiration of the certificates. The state DRE coordinator shall forward
to the IACP staff required documentation indicating the completion of recertification
requirements. The staff will issue new cards when requirements are met.
Commentary: In the absence of a
state coordinator, the TAP regional coordinator will perform these functions.
3.4 A DRE shall demonstrate continuing proficiency by
F
Performing a minimum of four (4) acceptable evaluations
since the date of last certification, all of which shall be reviewed and
approved by a certified DRE instructor and one (1) of which shall be witnessed
by a certified DRE instructor. These evaluations may be performed on subjects
suspected of drug and/or alcohol impairment or during classroom simulations;
and
F
Completing a minimum of eight hours of recertification
training since the date of the DRE's most recent certification, which may
alternatively be presented in two sessions of no less than four hours, and
which shall be consistent with any IACP standards for such training; and
F
Presenting an updated resume and rolling log to the
appropriate coordinator or his/her designee for review.
Commentary: All coordinators are responsible for maintaining the integrity of the
program, and the appropriate coordinator, consistent with this responsibility,
is encouraged to withhold recertification for, or refer for remediation, any
DRE whose rolling log indicates an unacceptable level of accurate
evaluations, as indicated by toxicology results.
3.5 When a DRE has completed all requirements for recertification, a
certified DRE instructor shall verify to the appropriate DRE coordinator that
minimum recertification requirements have been met.
3.6 A certified instructor shall maintain instructor certification so
long as DRE certification is maintained.
Commentary: An instructor may be decertified for cause,
such as for conducting substandard instructional programs, and still maintain
certification as a DRE.
IV. STANDARDS
FOR DECERTIFICATION OF DRUG RECOGNITION EXPERTS
AND
INSTRUCTORS
The
standards in this section outline the circumstances and procedures for
decertifying individual DREs or DRE instructors. In order to ensure that
standards of performance are maintained, a means is needed for removing from
the roles of the program those persons unable to meet the criteria of
competence and professionalism. The responsibility for maintaining program
standards lies with the agency and the appropriate DRE coordinator. It shall be incumbent upon all DRE coordinators to ensure that
certified DREs meet approved standards for conduct and qualifications.
4.1 Decertification
shall occur when a DRE or DRE instructor fails to meet minimum standards and
requirements for certification or recertification, or demonstrates evidence of
·
poor performance,
·
inconsistent findings, or
·
other substantiated acts on the part of the DRE that
reflect discredit upon the Drug Evaluation and Classification Program.
Commentary: All DREs are responsible for maintaining and
forwarding to the appropriate DRE
coordinator information regarding required training or experience. If such
information is not provided in a timely manner, certification will lapse.
Local
agencies and licensing/certification bodies may, at their discretion, establish
certification and decertification criteria to conform to local laws or rules.
Nothing in these standards should be construed to overrule local authority in
establishing standards no less stringent for the performance of officers in
this area or to prevent an agency from following internal disciplinary or
administrative personnel procedures.
4.1.1 Before decertification is finalized, a DRE or DRE instructor will
be given written notice by the initiating DRE coordinator of the reasons for
decertification. The subject of the action shall have the opportunity for a
written or an oral response to the initiating DRE coordinator.
4.2 Requests for voluntary
decertification will be honored when submitted by a DRE or DRE instructor to
the section IACP staff and with approval of the agency appropriate DRE
coordinator.
4.3 Cases involving poor performance or inconsistent findings shall be
referred to the agency appropriate DRE coordinator for investigation, recommendation and
action.
4.4 Certification of a DRE shall
not terminate as long as the DRE meets the requirements of Standards 1.1 and
4.1.
4.5 The state DRE coordinator,
upon the recommendation of the agency DRE coordinator or based on substantiated
independent knowledge shall initiate the decertification process against a DRE
or DRE instructor. The state coordinator
shall inform the IACP staff of all decertification actions. In instances where
these complaints have not been resolved by the appropriate coordinator, these
complaints will be referred to the state’s Governor’s Office of Highway Safety
for resolution.
V. STANDARDS
FOR REINSTATEMENT OF A DECERTIFIED DRUG
RECOGNITION
EXPERT
The
standards in this section outline the procedures for reinstating a previously
decertified DRE and/or DRE instructor.
5.1 An individual can be reinstated as a DRE when the following
conditions are met:
(1) The
applicant must pass the 100-item exam (same as that given at the end of the DRE
school, or the make-up exam) as witnessed by a certified DRE instructor, with a
score of at least 80%.
(2) The
applicant must complete four (4) hands-on drug evaluations within a one-year
period from the date of request to be reinstated.
(3) The
applicant’s eligibility and reinstatement as a DRE is reviewed and approved by
the DRE’s agency and the agency, state, and TAP regional DRE coordinators,
where applicable.
5.2 An individual can be reinstated as a DRE instructor when the following
conditions are met:
(1) The
applicant meets conditions 5.1 and is reinstated as a DRE.
(2) The
applicant’s eligibility and reinstatement as a DRE instructor is reviewed and
approved by the DRE’s agency and the agency, state, and TAP regional DRE coordinators,
where applicable.
Commentary:
In many instances, a DRE certification lapses through no
fault of the DRE due to transfers, promotions, etc., and recertification
requirements have not been met. In many cases a DRE may want to reapply DRE
skills with a new assignment. IACP suggests that a written request for
reinstatement to the program come from the applicant to the appropriate coordinator, through the proper agency
channels. A form is provided by the IACP to DEC state and TAP regional coordinators
for the purpose of reinstatement. All coordinators
are cautioned to conduct a thorough check on the cause of the applicant’s
decertification and reason for application for reinstatement.
VI. STANDARDS FOR AGENCY PARTICIPATION
Since 1986, the National Highway Traffic Safety
Administration has endeavored to expand the Drug Evaluation and Classification
Program. In an effort to contain costs, ensure the most efficient use of
resources and maintain a high probability of program success, NHTSA developed site selection criteria to
be used in assessing potential suitability of sites. Factors such as
demographics, favorable
legislation, agency operations and system support for the program are considered in evaluating
potential sites for the implementation of
the Drug Evaluation and Classification Program.
It is recognized that law
enforcement agencies, in considering the implementation of new traffic
enforcement programs, must be aware of both short- and long-term costs that are
involved. In order for the program to achieve maximum results, the Drug Evaluation and
Classification Program requires that agencies commit considerable resources
long term to the detection and apprehension of the drug‑impaired driver.
6.1. A DEC Program site should be
a state, a political subdivision of a state, or a group of subdivisions.
Commentary: Experience has shown that a DEC Program will
take firm root only if the resources to support the program are concentrated in
a relatively small geographical area, such as a major city or county. Given
that these new sites will begin operations with a small cadre of DREs, a
community‑focused DEC Program will allow the DREs to respond quickly to
the location(s) where drug‑impaired drivers might be taken for
processing. By concentrating its forces, the program can ensure that a
qualified DRE is available at any time or place needed. The concentrated focus
of a community‑based program allows the DREs ample opportunity to conduct
evaluations and maintain skills at peak proficiency.
6.2 A proposed program site should be able to produce enough drug‑impaired
driving arrests to (1) justify the expense of training the DREs, and (2)
provide enough evaluation opportunities for DREs to maintain proficiency.
Commentary: Studies indicate that
up to 40 percent of the persons arrested for
impaired driving are actually under the influence of drugs, either alone or in
combination with alcohol. Thus, a site should produce an adequate number of DUI
arrests annually per DRE to provide ample drug evaluation opportunities.
6.3 Prior to implementation of a DEC Program, a site should be located in a state with an implied consent law
that
F
Explicitly allows the chemical test sample to be
analyzed to determine the presence and/or concentration of drugs other than
alcohol;
F
Explicitly indicates that the “consent” applies to
multiple tests, i.e., that the person is “deemed to have given consent to a
test or tests of blood, breath or urine”; and
F
Empowers the arresting officer and/or the law
enforcement agency to select the types of chemical tests to be taken, rather
than giving the suspect the option of choosing the tests.
In
the absence of an implied consent law, a site must certify that the above three
criteria are met and apply to the Technical Advisory Panel for consideration
for acceptance to the program.
Commentary: It is pointless to evaluate drivers for drug‑induced
impairment unless those found to be so impaired can be prosecuted successfully.
The requirements for multiple chemical tests are essential because both a
breath test and blood or urine tests are integral components of the drug recognition
process. In addition to implied consent legislation, the effectiveness of DEC
programs is greatly enhanced by legislation that
F
Allows the fact of a suspect’s refusal to submit to the
chemical test to be introduced as evidence in court; and
F
Makes it an offense to drive under the influence
of any drug.
6.4. At least eighty percent
(80%) of a participating agency’s traffic law enforcement officers must be
fully trained and proficient in the use of the IACP/NHTSA-approved standardized
field sobriety tests, including the horizontal gaze nystagmus test.
Commentary: It is recommended that the agency’s SFST
training program is consistent with the IACP/NHTSA model curriculum. In
particular, the training must contain the specified number of hours and include
at least two approved alcohol workshops.
6.5 Participating agencies must maintain accurate and timely records
of
·
Alcohol and drug‑related arrests and convictions;
·
Alcohol and drug offense processing time;
·
All toxicological examinations; and
·
All drug recognition evaluations to include documenting
and collecting of basic data which includes, but is not limited to, the name
and age of arrestee, date of arrest, sex, the DRE opinion, and the name of
evaluator.
Commentary: In order to evaluate critically the
effectiveness of the Drug Evaluation and Classification Program, it is
necessary that, at a minimum, the above records be maintained. In addition to evaluation
purposes, the records may prove beneficial in establishing program validity for
court purposes. The IACP and NHTSA has endorsed a data collection software
program which DECP states are encouraged to use.
6.6 Participating agencies should have the capability to establish
centralized booking or processing of all DUI arrestees.
Commentary: The ideal situation is
one in which all persons arrested for DUI are taken to a single location for
processing. One or two DREs could then be stationed at that location to ensure
prompt access to all suspects apprehended for drug‑impaired driving.
However, it is feasible for a jurisdiction to have a few centralized
processing facilities as long as there are enough DREs to staff them adequately
and enough DUI arrests to ensure that the DREs conduct frequent evaluations.
6.7
Each location where DRE evaluations are conducted
must have adequate facilities, including
F
A room sufficiently large to permit unobstructed
administration of the Standardized Field Sobriety Tests;
F
A separate room that can be completely darkened for the
eye examination;
F
Storage space for test data forms, reference documents,
blood pressure kits, etc;
F
Access to breath testing equipment producing on‑the‑spot
results; and
F
Facilities and materials for collecting blood and/or
urine samples.
Commentary: Because of the unique requirements of the
DEC Program, it is sometimes more economical for several agencies within a site
to share DUI processing facilities. Other desirable characteristics for a
DUI processing facility include
F
Adequate holding cells for arrestees;
F
Separate interrogation and report writing areas that
provide privacy from the general prisoner population; and
F
Testing facilities that are out of main traffic patterns
and allow the drug evaluation process to be performed without interruption or
distraction.
6.8 Participating agencies must have access to laboratories that are
capable of identifying the presence of the most commonly abused drugs when
these drugs are present in sufficient concentrations to produce impairment.
Commentary: Ideally, the laboratories will also be able
to identify the concentration of these drugs. In any case, the accuracy of the
chemical analysis should be consistent with state-of-the-art drug testing. In
other words, screening tests are not sufficient; a jurisdiction should be able
to produce a confirmatory analysis. Although either blood or urine samples are
acceptable, it is best if the jurisdiction has the ability to test both.
6.9 All agencies and states interested in participating in a Drug
Evaluation and Classification Program must have the following endorsements:
F
The state governor’s representative for highway safety;
F
The chief elected official of each political subdivision
to be included in the site;
F
The commanding officer of each participating law
enforcement agency;
F
The administrative judge of each court that tries people
arrested for DUI within the jurisdiction;
F
The chief prosecuting attorney for each court in the
jurisdiction; and
F
Representatives of any other agencies that would be
involved in covering the costs of developing and sustaining the DEC Program.
DRUG
EVALUATION AND CLASSIFICATION PROGRAM
ADMINISTRATIVE
GUIDELINES
INTERNATIONAL
ASSOCIATION OF CHIEFS OF POLICE
With grant assistance from the
National Highway Traffic Safety Administration (NHTSA), the International
Association of Chiefs of Police has developed certification standards and
administers the Drug Evaluation and Classification Program. Under these administrative guidelines, it will be the
responsibility of the individual and all coordinators to ensure that specific
requirements of the standards are met. The staff at the IACP will be
responsible for maintaining records, issuing certificates of completion,
coordinating certain
training-related events and maintaining and updating training materials as required.
The
following procedures have been developed by the staff of the International
Association of Chiefs of Police for use by agencies participating in the Drug
Evaluation and Classification Program and wishing to certify drug recognition
experts and instructors in their employ.
Obtaining
certification as a drug recognition expert or DRE instructor ensures that an
individual meets minimum requirements for training and experience as
established by the IACP and the IACP Technical Advisory Panel. The Drug
Evaluation and Classification Administrative Guidelines accompany the International Standards of the Drug
Evaluation and Classification Program.
For
the certification process to operate efficiently, it is recommended that
coordinators at the agency, and state, and regional levels be
identified. The responsibilities of the coordinators may include reviewing the
qualifications of the candidate DREs, supplying required documentation that
minimum standards have been met, and maintaining individual and program
records. The coordination functions may be performed by one person or may be
divided among several persons, as operational needs demand.
1. NOTIFICATION
OF CANDIDATE DRUG RECOGNITION EXPERTS
When an individual has
completed all agency application requirements for admission for training as a
drug recognition expert, the agency shall provide the following information to
the appropriate coordinator:
1. Candidate's
name
2. Mailing
address
3. Sponsoring
agency
4. Social
security number
5. Verification
that candidate has satisfactorily completed a NHTSA/IACP-approved course in Standardized Field Sobriety Testing
In
addition, the appropriate DRE
coordinator shall provide the above information to the agency or individual
responsible for providing training to ensure that all students meet prerequisites
prior to the beginning of the training phase:
State
program coordinators shall forward to the IACP staff the above information on
all candidate DREs at the following address:
International
Association of Chiefs of Police
Division of State and
Provincial Police
515 North Washington
Street
Alexandria, VA 22314
2. OBTAINING
CERTIFICATION AS A DRUG RECOGNITION EXPERT
All
candidates for certification under the International Drug Evaluation and
Certification Program must demonstrate completion of all requirements
specified in Section I of the International
Standards of the Drug Evaluation and Classification Program. Each
candidate's progress toward meeting certification requirements shall be
documented on the “Certification Progress Log,” which shall be supplied to
all appropriate DRE coordinators by
the IACP staff. Each candidate shall be responsible for maintaining a
certification progress log.
Completion
of each step in the certification process shall be verified by the signature of
at least one certified DRE instructor. Final recommendation for certification
must be verified by the signatures of two certified instructors. Upon
completion of all certification requirements, copies of the certification
progress log shall be forwarded to
the agency DRE coordinator and to the state coordinator. The state
coordinator shall verify all information on the certification progress log and ensure that all entries
are correct. The state coordinator shall forward to the IACP staff a copy of
each candidate's completed certification progress log.
Upon
receipt of the completed certification progress log, the IACP staff shall
ensure that all necessary information is complete. Upon verifying that the
information is complete, the IACP staff shall forward to the DRE state or TAP
regional coordinator a certificate of completion and an identification card
signifying that the candidate has met or exceeded all requirements for certification
as a drug recognition expert. In the event that proper documentation is not
provided, notification will be sent to the state coordinator indicating the
specific reasons(s) for non-qualification.
The IACP staff shall
maintain records of all certified DREs. Each record will contain the following
information:
1. Name
2. Social
Security Number
3. Department/agency
4. Mailing
address
5. Telephone
number
6. Dates
of all events specified on the progress log
7. Name(s)
of instructors verifying completion of training events
8. Date
certificate is awarded
9. Date
certification expires
3. OBTAINING CERTIFICATION AS DRE
INSTRUCTOR
Candidates
for certification as DRE instructors must demonstrate that they meet all
requirements specified in Section II of the International
Standards of the Drug Evaluation and Classification Program. The candidate
instructor’s progress toward completing certification requirements shall be
documented on the form, “DRE Instructor’s Certification Progress Log,” which shall be supplied by IACP staff to all
appropriate DRE coordinators. The
individual candidate DRE instructor shall be responsible for maintaining the
log.
Completion
of each step in the instructor certification phase shall be verified by at
least one certified DRE instructor. Upon completion of all certification
requirements, copies of the DRE instructor's certification progress log shall
be forwarded to the agency DRE coordinator and to the state DRE coordinator.
The state DRE coordinator, after verifying that all information on the logs is
complete and accurate, shall forward copies of all completed instructors'
certification progress logs to the
IACP staff.
Upon
receipt of the instructor certification progress log, the IACP staff shall verify that all information on the log
is complete. Upon verification, the IACP staff shall forward to the state
coordinator a certificate of
completion signifying that the candidate meets or exceeds all requirements of
the Drug Evaluation and Classification Program as a DRE instructor. The IACP
staff shall send notification to the state coordinators that the instructor
has been certified. In the event that the instructor does not meet all requirements
for certification, notification will be sent to the state coordinators indicating
the specific reason(s) for non-qualification.
The IACP staff will
maintain records of all certified DRE instructors. Each record will contain the
following information:
1. Name
2. Social
Security Number
3. Department/agency
4. Mailing
address
5. Telephone
number
6. Dates of
all training events specified in the progress log
7. Name(s)
of instructors verifying completion of training events
8. Date
certificate was awarded
9. All pertinent information relating to the
instructor’s experience and
credentials
Drug
recognition expert instructors shall maintain certification as long as DRE
certification is maintained. State coordinators will maintain a list of persons designated as associate instructors or as
instructor trainers for the Drug Evaluation and Classification Program. In
order that the list for instructors and associate instructors may be kept
current and, therefore, of use to the participants, agencies hosting DRE
training events (pre-schools, DRE training, instructor schools) should provide
the state coordinator a list of all instructors and their instruction
assignments.
4. PROCEDURES
FOR RECERTIFICATION OF DRUG RECOGNITION EXPERTS
AND
DRE INSTRUCTORS
As specified
in Section III of the International
Standards of the Drug Evaluation and Classification Program, all drug
recognition experts must be recertified every two years following original
certification. DRE instructors shall maintain their instructor certification
as long as DRE certification remains in effect. All applicable recertification
standards for DREs shall apply to DRE instructors.
The
following process will be utilized to ensure timely notification and compliance
with recertification requirements:
1. Eighteen
(18) months following the date of original certification, the IACP will send a
renewal advisory notice to state DRE coordinators.
2.
The DRE shall forward to his state coordinator evidence
of completion of all recertification requirements as well as a recertification
form signed by his agency coordinator. The state coordinator, after signing the
recertification form, will forward a copy to IACP staff.
3. Upon
notification that a person has met all requirements under section III of the International Standards of the Drug
Evaluation and Classification Program, IACP staff shall issue a card recertifying the DRE for a period of
two years.
In the
event that information verifying completion of recertification requirements is
not received by the IACP staff prior to the expiration of certification, the
IACP staff will notify the state coordinators that certification has expired.
Following expiration of certification, the DRE may renew certification without
penalty for a period of one year by providing proof of completion of
recertification requirements. A decertified DRE wishing to be reinstated
following the expiration of the one-year grace period must complete all
training and certification requirements enumerated in Section V of the International Standards of the Drug
Evaluation and Classification Program.
5. DECERTIFICATION
OF DRUG RECOGNITION EXPERTS
Decertification
of a drug recognition expert may take place if one or more of the following
conditions exist:
1. The
requirements as enumerated in Section III of the International Standards
of the Drug Evaluation and Classification Program are not met by the individual
DRE, allowing certification to lapse.
2. A
DRE voluntarily requests decertification.
3. There is
evidence of poor performance, inconsistent findings, or other acts on the part
of the DRE that reflect discredit upon the Drug Evaluation and Classification
Program.
In the
case of a lapse of certification, the procedures in Section 4 of the
Administrative Procedures shall be followed.
A DRE
wishing to be decertified shall submit a written request through the
appropriate agency and state coordinators to the IACP staff. Upon receipt of
approval of the request by the state DRE
coordinator, IACP staff shall remove the name of the individual from the list
of certified DREs.
Agency DRE coordinators
shall monitor the performance of DREs within their agencies and shall
investigate complaints arising from their activities in the drug evaluation
area. When, in the opinion of the agency coordinator, and with the approval of the agency
head or his designee, a DRE’s actions warrant decertification, the agency shall
notify the state coordinator that the DRE is no longer certified within that
agency.
Nothing
in this procedure should be construed as to prevent an agency from following
internal disciplinary or administrative personnel procedures. The IACP staff
will maintain records of all decertified DREs and the reason(s) for
decertification.
6. APPROVAL
OF DRUG RECOGNITION TRAINING CURRICULA
The
National Highway Traffic Safety Administration (NHTSA) and the International
Association of Chiefs of Police (IACP) have developed a course of instruction
to train police officers in the techniques of drug recognition. This course of
training has been adopted by the IACP as the minimum training requirement for
certification for DREs and DRE instructors. NHTSA and IACP are responsible for
revising and updating the DRE training curricula.
The
course of instruction adopted by the IACP requires a total of seventy-two hours
of classroom instruction followed by field certification during which a
candidate must participate in a minimum of twelve drug evaluations. In the
course of the required drug evaluations, a candidate must encounter and correctly
identify subjects under the influence of at least three different categories
of drugs. The complete requirements for certification as a DRE are enumerated
in Section I of the International
Standards of the Drug Evaluation and Classification Program.
In recent years, several training programs have
been developed by police agencies and commercial training institutions with the
aim of training individuals to detect persons impaired by drugs. A number of agencies currently
utilize portions of the NHTSA/IACP approved program or variations of it in teaching officers the
techniques of detecting the drug-impaired driver.
Section
I of the International Standards of the
Drug Evaluation and Classification Program requires that a candidate for
certification complete “...an approved classroom training course which shall,
at minimum, achieve the learning objectives as stated in the IACP approved
training curriculum.” The Highway Safety Committee of the IACP is charged with
overseeing the operation and development of the Drug Evaluation and
Classification Program. In order to maintain the high standards of the program,
the committee has established the Technical Advisory Panel. Responsibilities
of this panel, appointed by the IACP Highway Safety Committee, include the
review of proposed alternative training programs to determine whether or not
course content and learning objectives are consistent with approved standards.
Organizations wishing to
submit proposed training curricula for review and approval as equivalent
programs for the purpose of certifying individuals as drug recognition experts
shall submit lesson plans, visual aids and any other required materials to the
IACP staff. The IACP staff will submit the proposed course to the Technical
Advisory Panel for evaluation. Courses that meet applicable standards and
learning objectives shall be termed as equivalent courses. Completion of said
courses shall qualify the candidate for certification as a DRE.
