the Department of Public Safety shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation. 3. A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the concentration of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly. 4. This section does not preclude the admission of evidence of a test of a person’s breath where the test has been performed by a person other than one who is certified pursuant to this section. (Added to NRS by 1983, 1913; A 1985, 1951; 1993, 2075; 1999, 2459; 2005, 59) NRS 484.3888 Committee on Testing for Intoxication: Adoption of regulations for calibration of devices to test blood or urine and certification of persons who calibrate or operate devices or who examine operators; adoption of regulations concerning operation of devices to test blood or urine. 1. The Committee on Testing for Intoxication may adopt regulations that require: (a) The calibration of devices which are used to test a person’s blood or urine to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood or urine; (b) The certification of persons who make those calibrations; (c) The certification of persons who operate devices for testing a person’s blood or urine to determine the concentration of alcohol or presence of a controlled substance or another prohibited substance in the person’s blood or urine; and (d) The certification of persons who examine those operators. 2. The Committee may adopt regulations that prescribe the essential procedures for the proper operation of the various types of devices used to test a person’s blood or urine to determine the concentration of alcohol or the presence of a controlled substance or another prohibited substance in the person’s blood or urine. (Added to NRS by 1993, 2072; A 1999, 2459, 3428; 2001, 172) NRS 484.389 Admissibility of evidence of refusal to submit to evidentiary test and results of test; availability of results of test. 1. If a person refuses to submit to a required chemical test provided for in NRS 484.382 or 484.383, evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed while the person was: (a) Driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance; or (b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955. 2. Except as otherwise provided in subsection 3 of NRS 484.382, a court or hearing officer may not exclude evidence of a required test or failure to submit to such a test if the police officer or other person substantially complied with the provisions of NRS 484.382 to 484.393, inclusive. 3. If a person submits to a chemical test provided for in NRS 484.382 or 484.383, full information concerning that test must be made available, upon his request, to him or his attorney. 4. Evidence of a required test is not admissible in a criminal or administrative proceeding unless it is shown by documentary or other evidence that the law enforcement agency calibrated the breath-testing device and otherwise maintained it as required by the regulations of the Committee on Testing for Intoxication. (Added to NRS by 1969, 594; A 1973, 1504; 1983, 1078, 1914; 1993, 2076; 1995, 1888; 1999, 3428; 2005, 150) NRS 484.391 Opportunity of arrested person to choose qualified person to administer test; substitution of test prohibited. 1. A person who is arrested for driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or for engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 must be permitted, upon his request and at his expense, reasonable opportunity to have a qualified person of his own choosing administer a chemical test or tests to determine: (a) The concentration of alcohol in his blood or breath; or (b) Whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present in his blood or urine. 2. The failure or inability to obtain such a test or tests by such a person does not preclude the admission of evidence relating to the refusal to submit to a test or relating to a test taken upon the request of a police officer. 3. A test obtained under the provisions of this section may not be substituted for or stand in lieu of the test required by NRS 484.383. (Added to NRS by 1969, 594; A 1973, 1504; 1999, 2459, 3428; 2001, 172; 2005, 151) NRS 484.393 Admissibility of results of blood test in hearing or criminal action; immunity from liability for person administering blood test in certain circumstances. 1. The results of any blood test administered under the provisions of NRS 484.383 or 484.391 are not admissible in any hearing or criminal action arising out of acts alleged to have been committed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955 unless: (a) The blood tested was withdrawn by a person, other than an arresting officer, who: (1) Is a physician, physician assistant, registered nurse, licensed practical nurse, emergency medical technician or a phlebotomist, technician, technologist or assistant employed in a medical laboratory; or (2) Has special knowledge, skill, experience, training and education in withdrawing blood in a medically acceptable manner, including, without limitation, a person qualified as an expert on that subject in a court of competent jurisdiction or a person who has completed a course of instruction described in subsection 2 of NRS 652.127; and (b) The test was performed on whole blood, except if the sample was clotted when it was received by the laboratory, the test may be performed on blood serum or plasma. 2. The limitation contained in paragraph (a) of subsection 1 does not apply to the taking of a chemical test of the urine, breath or other bodily substance. 3. No person listed in paragraph (a) of subsection 1 incurs any civil or criminal liability as a result of the administering of a blood test when requested by a police officer or the person to be tested to administer the test. (Added to NRS by 1969, 595; A 1973, 1505; 1981, 1362; 1983, 1078, 1914; 1987, 1154; 1999, 3429; 2001, 791; 2005, 151, 2041) NRS 484.3935 Presumption that solution or gas used to calibrate device for testing breath is properly prepared. If: 1. A manufacturer or technician in a laboratory prepares a chemical solution or gas to be used in calibrating a device for testing a person’s breath to determine the concentration of alcohol in his breath; and 2. The technician makes an affidavit or declaration that the solution or gas has the chemical composition that is necessary for calibrating the device, it is presumed that the solution or gas has been properly prepared and is suitable for calibrating the device. (Added to NRS by 1983, 1913; A 1987, 686; 1993, 2076; 1999, 2460) NRS 484.394 Analysis of blood of deceased victim of accident involving motor vehicle to determine presence and concentration of alcohol. 1. Any coroner, or other public official performing like duties, shall in all cases in which a death has occurred as a result of an accident involving a motor vehicle, whether the person killed is a driver, pass

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