Section 144-265-1 - PURPOSE AND DEFINITIONSA.Purpose. This rule is intended to ensure that employees and applicants receive reliable and accurate testing and ensure that privacy rights are protected.B.Definitions. Definitions in this rule are in addition to definitions in the governing statute. As used in this rule, unless otherwise indicated, the following terms have the following meanings: 1.Applicant means any person seeking employment from an employer. The term includes any person using an employment agency's services.2.Confirmed positive result means a result of a confirmation test, as defined in Section 1(B)(7)(b) of this rule, that indicates the presence of a substance of use in accordance with the laboratory protocols at or above the cutoff level.3.Employee means a person who is permitted, required or directed by any employer to engage in any employment for consideration of direct gain or profit.4.Employer means any person, partnership, corporation, association or other legal entity, public or private, that employs one or more employees. The term also includes an employment agency.5.Negative test result means a test result that indicates that: a. A substance of use is not present in the tested sample; orb. A substance of use is present in the tested sample in a concentration below the cutoff level.6.Non-negative test result means a test result that indicates the presence of a substance of use in the tested sample at or above the cutoff level of the test.7.Substance use test means any test procedure designed to take and analyze body fluids or materials from the body for the purpose of detecting the presence of substances of use. The term does not include tests designed to determine blood alcohol concentration levels from a sample of an individual's breath. a.Screening test means an initial substance use test performed through the use of immunoassay technology, chromatography, mass analysis, enzymatic technology (for blood alcohol), or a test technology of similar or greater accuracy and reliability approved by the Department as specified in this rule, Section 4(H), and which is used as a preliminary step in detecting the presence of substances of use.b.Confirmation test means a second substance use test performed on a separate aliquot of a specimen to identify and quantify a specific drug or drug metabolite and verify the presence of a substance of use indicated by an initial non-negative test result. A confirmation test uses gas chromatography/mass spectrometry or liquid chromatography/mass spectrometry, except that blood alcohol will be confirmed using gas chromatography.8.Substance of use means any scheduled drug, alcohol or other drug, or any of their metabolites. a. Alcohol has the same meaning as found in 28-A MRS § 2(2)b. Drug has the same meaning as found in 32 MRS §13702-A(11).c. Scheduled drug has the same meaning as found in 17-A MRS §1101(11).10-144 C.M.R. ch. 265, § 1