| Action | Promulgate new regulation governing remote alcohol monitoring devices |
| Stage | NOIRA |
| Comment Period | Ended on 8/19/2020 |
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8 comments
Unfortunately, this alcohol ankle monitor is not ethanol specific. Electrochemical fuel cells detectcompounds with a functional -OH, such as isopropanol, methanol, menthol, xylit ol, inositol, propylene glycol, erythritol, ethanol, cholesterol, mannitol, cortisol, sorbitol, and many more.
SCRAM bracelets are not specific to the compound they’re expected to read,(C2H6O) and are an unethical abomination. SCRAM bracelets are nothing more than a clever scheme utilizing extremely unsophisticated, non-specific, antiquated technology, and will serve no purpose except to line the pockets of the stakeholders pushing this pseudoscience.
You see, the problem is not the fuel cell in the bracelet. It’s that all the results it yields are being called “ethanol”.
SCRAM is only a PAT (preliminary alcohol test), and simply indicates a hydroxyl compound is present. It has NOTHING, nothing, expressly to do with ethanol. To use this machine in this capacity is a complete misapplication of its capabilities. The Facebook page Virginia Ignition Interlock Forum explains the history of the fuel cell, and it’s normalization on usage on sober individuals.
Only a gas chromatograph mass spectrometer possess the capability of being able to distinguish C2O6H from any number of its chemical family.
It’s a HIPAA violation to obtain bodily waste and blanketly analyze it, knowingly misrepresenting any hydroxyl group compound as “ethanol” That’s against citizens’ rights. If the device can detect compounds aside from ETHANOL, there is a huge ethics problem.
Alcohol is defined as “ethanol” in 24vac35-60-20.
The SCRAM device is pseudoscience, unethical, unconstitutional, and frighteningly fallible. It’s not designed to detect ethanol. It’s only designed to detect the hydroxyl group, and if used, is Governmental GASLIGHTING.
NO ON SCRAM
NO ON IGNITION INTERLOCK
NO ON ANKLE ALCOHOL MONITORING.
thank you.
Cynthia Hites
23 Sarfan Dr
hot, va 23664
cehtes@gmail.com
The transdermal “alcohol” detector, SCRAM, is a complete fraud. This device does not read ONLY ethanol (C2H6O) and can detect many other compounds generated in the bodies of SOBER individuals.
If this cheap, unsophisticated electrochemical fuel cell bracelet is utilized in this manner, it will be state mandated fraud. The results of the device are NOT inherently ethanol; this is simply the misapplication, misuse, and mislabeling of the functionality and results of the simple fuel cell. Only a gas chromatograph mass spectrometer can distinguish ethanol from other hydroxyl group compounds. There are three GCMS machines at Hites Laboratory at Indiana University. We can make them available to test the SCRAM units, to ensure they’re ethanol specific, as the law requires. I’ll assure you they are not.
SCRAM is unethical, pseudoscientific, and a dilution of both the disciplines of law and science.
NO TO SCRAM.
NO TO IGNITION INTERLOCK.
NO TO ELECTROCHEMICAL FUEL CELL FRAUD!!
We support the implementation of the regulations and submit the following comments:
24 VAC 35-70-30 (B) 8 - We do not believe the provision of this section should apply to an Alcohol Safety Action Program approved by the commission and acting as a third-party service provider.
24 VAC 35-70-50 (D) 22 - We believe long term calibration stability should be documented by a testing facility.
24 VAC 35-70-60 (C) 1 - There are instances in the document where "enrollment" is used versus "orientation". Enrollment is not defined and "orientation" appears to be used where "enrollment" may be implied.
24 VAC 35-70-80 (E) - We want to ensure service center locations (addresses) are not required to be included in the training video. This would force the editing of the training video each time a service location relocated.
24 VAC 35-70-80 (F) - We believe a wait period should be enforced before testing and the remote alcohol monitoring device should otherwise comply with these rules, particularly as they relate to calibration and data retention.
24 VAC 35-70-90 (A) - We agree with this requirement and would encourage allowing the use of calibration units that have been tested and approved for inclusion in the next publication of the relevant NHTSA CPL since the NHTSA CPL has not been published for quite some time.
24 VAC 35-70-90 (B) (1) c - We believe the purge should not be required if there is less than six inches of unpressurized tubing.
24 VAC 35-70-110 (D) 5 - We believe this should mirror the language in 24 VAC 35-70-110 (E) 4.
24 VAC 35-70-130 (A) 4 - There appears to be two different certification exams referenced in this section.
24 VAC 35-70-130 (B) - There appears to be an incorrect citation related to the administrative fee.
24 VAC 35-70-130 (G) - We support this but would like to ensure no additional fee is charged for the retake.
24 VAC 35-70 must include the definition of alcohol, and I believe it should align with the definition of the alcohol found in the NHTSA BAIID Model Specifications, and mirror the definition of alcohol found in 24VAC-35-60-20, as "ethanol, C2H5OH".
The SCRAM device is NOT specific to ethanol. I believe the electrochemical fuel cell is being misapplied in these machines, as it is in ignition interlock.
These devices can register any compound in the hydroxyl group, and have absolutely nothing to do, specifically, with consumed ethanol.
The sober human body can produce hydroxyl compounds, internally, as a byproduct of various metabolic processes, and many of these hydroxyl-group biomarkers for disease are being discovered present in the bodies of those in early stages of certain cancers, such as lung cancer, esophageal cancer, and even breast cancer.
Also, during ketosis, or diabetic ketoacidosis, a surge in acetone is experienced. This acetone can reduce to isopropanol, which is detectable by an electrochemical fuel cell.
The results of the SCRAM machine cannot simply be interpreted as being C2H6O, but many other hydroxyl compounds must be considered. The machine is supposed to measure consumed ethanol, but it is capable of measuring many, many compounds, that are misconstrued as liquor. This is a violation of civil rights, as HIPAA protects medical records, and the results of the SCRAM are not limited to ethanol, but can include private bodily data that is not related to liquor.
These machines are good, in theory, but the scientific reality is they can measure many things.
I was unable to find the body of 24VAC35-70, as referenced extensively by Mr. Toby Taylor in a comment to this petition, submitted this same date, and wonder if device manufacturers, such as Smart Start, are given special, preliminary access to this regulatory information. This document does not yet seem available for public consumption, and to that, I hereby also voice my strong objection. I hope you will be having a public hearing regarding these proposed regulations, as stated in the Virginia Register.
The SCRAM devices are highly susceptible to false positive and I don't believe they should be in use in the Commonwealth of Virginia. Thank you for your consideration.