§329B-4  Laboratory requirements.  (a) All substance abuse testing performed in the State shall be performed by atesting laboratory licensed by the department for that purpose, or certifiedfor substance abuse testing by the Substance Abuse and Mental Health ServicesAdministration 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 Stateperformed in another state shall be performed only by laboratories certifiedfor substance abuse testing by the Substance Abuse and Mental Health ServicesAdministration of the United States Department of Health and Human Services,and approved by the director.  No laboratory located outside of the State shallbe licensed by the department to perform substance abuse testing.

(c)  The director shall adopt rules governing:

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

(2)  Qualifications of laboratory personnel;

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

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

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

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

(7)  Cutoff levels of alcohol, drugs, or themetabolites of drugs;

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

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

(10)  Establishing fees for licensing of laboratories;

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

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

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

 

Revision Note

 

  Subsections redesignated.