There are two statutes in Kansas law that dictate the proper use of field tests for both seized drugs and impaired driving. Both statutes authorize regulations to document KBI Director approved field tests.

Seized Drugs Field Tests

Kansas statute 22-2902c., Preliminary examination; admissibility of field test of alleged controlled substances; rules and regulations by Kansas bureau of investigation, allows for the use of field tests in preliminary examination. Of note, the following must apply:

• Field test must have been approved by the KBI Director.
• Officers using the field test must have been trained on its use by a person certified by the manufacturer of the field test (in-person or online).
• Note: Officers are encouraged to read K.S.A. 22-2902c in its entirety. https://www.ksrevisor.org/ksa.html

Roadside Oral Fluid Field Tests

Kansas statute 75-712h, Director authorized to adopt rules and regulations for preliminary screening devices for testing of oral fluid for law enforcement purposes, allows for the use of field tests as aids in determining probable cause to arrest and grounds for requiring testing pursuant to K.S.A. 8-1001. K.S.A. 8-1001 is the statute defining testing around driving under the influence cases. Of note, the following must apply:

• Field test must have been approved by the KBI Director.
• Each agency shall be responsible for the training of preliminary oral fluid screening test device operators.
• Note: Officers are encouraged to read K.S.A. 75-712h in its entirety. https://www.ksrevisor.org/ksa.html

Regulations

Two Kansas Administrative Regulations (K.A.R.) document the KBI Director's approval of field tests.

• Seized Drugs Field Tests - K.A.R. 10-22-1
• Roadside Oral Fluid Field Test - K.A.R 10-25-1 and K.A.R 10-25-2
• Note: Officers are encouraged to read these regulations in their entirety. https://sos.ks.gov/publications/pubs_kar.aspx

Revisions to the K.A.R., to include additions of new instruments and technologies, will be initiated in February of each calendar year. As such, applications for new instruments and technologies must be received by January 31st to be included in that year’s revision timeframe. Applications received after the January 31st deadline will be considered in the following year. Exceptions to the application deadline may be granted on a case-by-case basis. Please note that the evaluation of a device, report drafting, Director approval, and regulatory update can take up to one year following the application period.

If you would like to request an assessment of a new field test instrument or technology, please fill out the appropriate form below and send it to the KBI Laboratory for consideration ( FieldTesting@kbi.ks.gov ).

• Evaluation Request Application Chemistry
• Evaluation Request Application Toxicology

• Field Test Guidance Chemistry
• Field Test Guidance Toxicology