Cal. Code Regs. tit. 16 § 2006.54

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2006.54 - Requirements for Laboratories/Testing Locations and Specimen Collectors for Testing Substance-Abusing Licensees

If the Board uses a private-sector vendor that provides laboratories or testing locations or specimen collection for testing substance-abusing licensees, the laboratory, location, or collection service shall meet all the following standards:

(a) The vendor shall report to the Board any major violation, as defined in section 2006.5.

(b) The vendor shall ensure that its laboratory, testing, or specimen collection providers or contractors meet all of the following:

(1) Specimen collectors shall either be certified by the Drug and Alcohol Testing Industry Association or have completed the training required to serve as a collector for the United States Department of Transportation.

(2) Specimen collectors shall conform to the current United States Department of Transportation Specimen Collection Guidelines.

(3) Testing locations shall comply with the Urine Specimen Collection Guidelines published by the United States Department of Transportation without regard to the type of test administered.

(4) Specimen collectors shall observe the collection of testing specimens.

(5) Laboratories shall be certified and accredited by the United States Department of Health and Human Services.

(6) Testing locations shall submit a specimen to a laboratory within one (1) business day of receipt and all specimens collected shall be handled pursuant to chain of custody procedures. The laboratory shall process and analyze the specimen and provide legally defensible test results to the Board within seven (7) business days of receipt of the specimen. The Board shall be notified of non-negative test results within one (1) business day and shall be notified of negative test results within seven (7) business days.

(7) Specimen collection and testing locations shall possess all the materials, equipment, and technical expertise necessary in order to test every licensee for which it is responsible on any day of the week.

(8) Testing locations shall be able to scientifically test for urine, blood, and hair specimens for the detection of alcohol and illegal and controlled substances.

(9) Testing sites shall be located throughout California.

(10) Testing sites shall be equipped with:

(A) An automated 24-hour toll-free telephone system and/or a secure on-line computer database that allows the licensee to check in daily for testing; and

(B) A secure, Health Insurance Portability and Accountability Act (HIPAA)-compliant website or computer system to allow staff access to drug test results and compliance reporting information that is available twenty-four (24) hours a day.

(11) Testing sites shall employ or contract with toxicologists who are licensed physicians and have knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluate laboratory biological fluid test results, medical histories, and any other information relevant to biomedical information.

(c) A toxicology screen shall not be considered negative if a positive result is obtained while practicing, even if the practitioner holds a valid prescription for the substance.

Cal. Code Regs. Tit. 16, § 2006.54

Note: Authority cited: Sections 315 and 4808, Business and Professions Code. Reference: Section 315, Business and Professions Code.

1. New section filed 2-12-2024; operative 4/1/2024 (Register 2024, No. 7).