Mo. Code Regs. tit. 17 § 20-3.135
Current through Register Vol. 49, No. 23, December 2, 2024
Section 17 CSR 20-3.135 - Drug TestingPURPOSE: By regulation, the St. Louis Board of Police Commissioners shall prescribe all individuals who apply for a certification as an armed courier or who wish to renew certification as a courier to submit to drug testing.
(1) Applicability. The following shall apply to all individuals seeking certification in any category of armed courier, as well as to all individuals seeking renewal or reinstatements of certification: (A) Any individual seeking certification as an armed courier or any individual seeking reinstatement of certification shall submit to urinalysis testing before certification is granted, renewed, or reinstated. This testing shall be for the purpose of determining the presence or absence of illegal drugs. Refusal to comply with this requirement shall result in the denial of certification, renewal of certification, or reinstatement of certification as an armed courier;(B) If the results of an individual's urinalysis test are positive, that is indicative of the presence of illegal drugs in the sample, the following penalties shall apply: 1. If the individual is an applicant for initial certification, s/he shall be denied certification and shall not be permitted to reap-ply for a period of one (1) year;2. If the individual is an applicant for renewal of certification, his/her certification shall be suspended and an investigation conducted. The results of the investigation will be forwarded to the board of police commissioners. The board may revoke a license for one (1) year based on a positive drug test;3. If the individual is an applicant for reinstatement of certification, reinstatement shall be denied for a period of one (1) year; and4. A second positive drug test will permanently exclude the individual from holding a courier license;(C) Urinalysis testing pursuant to this rule shall consist of a drug screen test and, if the test results are positive, a confirmatory test. The drug screen test shall be the Enzyme Multiplied Immunoassay Test (EMIT) which detects the following:1. Marijuana (Cannabinoids THC);(D) The confirmatory testing method to be used shall be Gas Chromatography Mass Spectroscopy (GCMS). No applicant shall be denied certification, renewal of certification, or reinstatement of certification on the basis of a positive result on the EMIT test, unless that result is first confirmed by GCMS;(E) Samples for urinalysis testing shall be taken at the times and locations designated by the St. Louis Board of Police Commissioners for this purpose. Samples shall be analyzed at a laboratory facility designated by the St. Louis Board of Police Commissioners;(F) The expense of the drug test shall be borne by the individual requesting armed certification or renewal as an armed courier. All expenses associated with urinalysis testing shall be borne by the individual seeking certification, renewal of certification, or reinstatement of certification as an armed courier;(G) A portion of each sample taken pursuant to this rule shall be preserved and upon request to be made available to the applicant from whom it was taken for the purpose of contesting the results of the analysis performed pursuant to subsections (1)(C)-(E) of this rule. The expenses of any analysis made by an applicant for the purpose of contesting the results shall be borne entirely by the applicant; and(H) Any request made by an applicant for the preserved portion of a sample must be made within thirty (30) days of the applicant's receipt of notification of denial of certification, renewal, or reinstatement because of failure to pass urinalysis testing.(2) Laboratory and Testing Procedures. Couriers will use the laboratory under contract with the board of police commissioners for collections and analysis of specimens. The testing laboratory will comply with all the provisions of this regulation including the following:(A) Examinee must not be permitted to bring any clothing or personal effects into the collection area;(B) Laboratory facilities used for the collection of samples must be both sanitary and sterile (that is, free of discarded paper products from previous collections as well as all other debris of any type and free of any substances which could be used to alter a urine specimen);(C) The collection process must include procedures to adequately insure: 1. That the specimen is correctly identified as coming from the donor/examinee;2. That the specimen cannot be altered or tampered with after it has been collected;3. That there is a documented chain of custody with respect to the sample;4. That laboratory results are accurately identified with the particular specimen on which the analysis has been performed;5. That procedures are instituted to rule out a positive analysis based upon the presence of over-the-counter or prescription drugs in the urine of the examinee;6. That procedures are instituted to rule out positive analysis based upon the presence of contraband drugs in the urine which presence could have been derived in a manner other than by direct ingestion or intravenous injection; and7. That procedures are instituted to insure the confidentiality of laboratory results and that positive results are made known only to those individuals, institutions, corporations, governmental agencies, or other entities or their agents who have been granted the privilege of disclosure under the terms and conditions of this agreement only for the purpose of carrying out the sole intent of this rule;(D) All laboratory results must bear the signature of an authorized representative of the testing facility;(E) Laboratory results must be delivered via fax from Quest Diagnostics or by inquiry of the Quest Diagnostics Integrated Solutions online system;(F) The laboratory/collection site must have a litigation package which includes records that show:4. Confirmation results; and(G) The board of police commissioners or its designee reserves the right to approve any collection service, process, laboratory, or procedure regarding drug testing procedures before any results will be recognized for the purposes of this rule. AUTHORITY: section 84.340, RSMo 2000.* Original rule filed April 16, 1990, effective June 28, 1990. Amended: Filed June 30, 1992, effective Feb. 26, 1993. Amended: Filed April 28, 2010, effective Oct. 30, 2010. *Original authority: 84.340, RSMo 1939.