10-144-270 Me. Code R. § 1

Current through 2024-51, December 18, 2024
Section 144-270-1 - Definitions
A.Definitions

As used in this chapter, unless otherwise indicated, the following terms have the following meanings.

1.Negative or none detected test result means a test result that indicates:
a. Particular substance(s) was/were absent within the limitations of the test(s) performed; or
b. A substance of use is present in the tested sample in a concentration below the detection level.
2.Positive test result means a test result that indicates a particular substance has been identified in accordance with the laboratory protocols.
3.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 alcohol concentration levels from a sample of an individual's breath.
4.Substance of use means any scheduled drug, alcohol or other drug, or any of their metabolites.
a.Drug means any natural or artificial intoxicating chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle or machinery.
b.Scheduled drug means any intoxicating or impairing drug named or described in 17-A MRS §1102 as a Schedule W, X, Y or Z drug.
5.Analytical testing
a.Screening test means a test designed to preliminarily detect the presence of a drug or drug category in the specimen. Any positive results are considered to be tentative and must be verified with a confirmatory test.
b.Confirmatory test means a second analytical test performed through the use of gas chromatography/mass spectrometry or liquid chromatography/mass spectrometry to verify the presence of a substance of use indicated by an initial positive screening test result.
6.Drug Recognition Expert (DRE) means a police officer specially trained to recognize impairment in drivers under the influence of drugs other than, or in addition to, alcohol.

10-144 C.M.R. ch. 270, § 1