§329B-4  Laboratory requirements.  (a) 
All substance abuse testing performed in the State shall be performed by a
testing laboratory licensed by the department for that purpose, or certified
for substance abuse testing by the Substance Abuse and Mental Health Services
Administration of the United States Department of Health and Human Services,
and approved by the director, except as provided in section 329B-5.5.



(b)  Testing of samples from this State
performed in another state shall be performed only by laboratories certified
for substance abuse testing by the Substance Abuse and Mental Health Services
Administration of the United States Department of Health and Human Services,
and approved by the director.  No laboratory located outside of the State shall
be licensed by the department to perform substance abuse testing.



(c)  The director shall adopt rules governing:



(1)  Standards for approval and licensure of qualified
testing laboratories, and suspension and revocation of a license;



(2)  Qualifications of laboratory personnel;



(3)  Body component samples that are appropriate for
substance abuse testing;



(4)  Selection of medical review officers determined
to be qualified by the department, and procedures to be followed by medical
review officers in the reception, review, and interpretation of the results of
laboratory tests requested by a third party;



(5)  Procedures for taking samples that ensure privacy
to the individuals tested and prevent or detect tampering with the sample;



(6)  Methods of analysis and procedures to ensure
reliable testing results, including standards for initial screening and
confirmatory tests; provided that confirmatory tests for drugs or metabolites
of drugs shall utilize a gas chromatograph with a mass spectrometer detector or
other reliable methods approved by the director;



(7)  Cutoff levels of alcohol, drugs, or the
metabolites of drugs;



(8)  Chain of custody procedures to ensure proper
identification, labeling, and handling of the samples to be tested;



(9)  Retention and storage procedures and durations to
ensure availability of samples for retesting when necessary;



(10)  Establishing fees for licensing of laboratories;



(11)  Retention of substance abuse test information by
the laboratory; and



(12)  Procedures to ensure confidentiality of the
substance abuse testing procedures and substance abuse test information.



(d)  No laboratory shall be licensed to perform
substance abuse testing in the State unless the laboratory participates in and
continues to demonstrate satisfactory performance in drug proficiency testing
as determined by the director. [L 1990, c 236, pt of §1; am L 1993, c 139, §1
and c 158, §3; am L 1999, c 206, §4]



 



Revision Note



 



  Subsections redesignated.