(1) "All actions" means procedures performed on the sample to detect, identify, or measure controlled substances. Examples include, but are not limited to, "examinations and screening for controlled substances," "controlled substances testing," "drug testing," "screening," "screening test," "confirmation," and "confirmation test".
(2) "Chain of custody" means the process of establishing the history of the physical custody or control of the sample from the time the examiner provides the container for the sample to the examinee through the later of:
(a) The reporting of the negative result to the examiner;
(b) The 90 day period specified in G.S. 95-232(d); or
(c) The completion of the retesting described in G.S. 95-232(f).
(3) "On-site" means any location, other than an approved laboratory, at which a screening test is performed on prospective employees. For example, "on-site" locations include, but are not limited to, the examiner's place of business or a hospital, physician's office, or third-party commercial site operated for the purpose of collecting samples to be used in controlled substance examinations.
(4) "Sample" means the examinee's urine, blood, hair or oral fluids obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing.
(5) "Employer or person charged" means an examiner found by the Commissioner to have violated G.S. 95, Article 20.
(6) "Preliminary screening procedure" means a controlled substance examination that uses a single-use test device that:
(a) Is portable and can be administered on-site;
(b) Meets the requirements of the U.S. Food and Drug Administration for commercial distribution contained in Title 21, Part 807 of the Code of Federal Regulations; and
(c) Meets the generally accepted cutoff levels contained in the Mandatory Guidelines for Federal Workplace Drug Testing Programs adopted by the U.S. Department of Health and Human Services' Substance Abuse and Mental Health Services Administration in 69 FR 19644.
(7) "Single-use test device" means the reagent-containing unit of a test system that:
(a) Is in the form of a sealed container or cartridge that has a validity check, a nonresealable closure, or an evidentiary tape that ensure detection of any tampering;
(b) Is self-contained and individually packaged;
(c) Is discarded after each test; and
(d) Does not allow any test component or constituent of a test system to interact between tests.
§ 20 .0201.
§ 20 .0202.
§ 20 .0203.
§ 20 .0301.
(1) Collect and transport the sample itself; or
(2) Send the examinee to the approved laboratory for the collection; or
(3) Contract with a third party to collect and transport the sample. Examples of a third party include physicians, medical clinics, hospitals, or consortia established to negotiate rates for these services.
§ 20 .0302-.0303.
§ 20 .0304.
(1) require the examiner to use the services of a medical review officer; or
(2) allow the examiner to conduct on-site screening for current employees.
§ 20 .0305.
(1) collection of samples;
(2) reasonable and sanitary conditions for collection;
(3) chain of custody;
(4) preservation of examinees' individual dignity;
(5) prevention of substitution or adulteration of samples;
(6) prevention of interference with the collection, examination, or screening of samples;
(7) on-site screening;
(8) confirmation of positive tests;
(9) any other action to be taken with regard to the collection, labeling, packaging, transportation, screening, documentation, or preservation of samples used for controlled substance examinations.
§ 20 .0306.
§ 20 .0401.
§ 20 .0402.
(1) of any positive result of a controlled substance examination; and
(2) of the examinee's rights and responsibilities regarding retesting under G.S. 95-232(f).
§ 20 .0501.
§ 20 .0502.
§ 20 .0503.
(1) to the examinee or to any other person upon written authorization signed by the examinee;
(2) to laboratories performing screening, confirmation tests, or retests of confirmed positive results;
(3) for employment-related reasons. Examples of employment-related reasons include: performance evaluations, discipline and provision of references; or
(4) to a government agency, court or other tribunal having jurisdiction over any claim or proceeding involving the examinee and the examiner.
§ 20 .0601.
§ 20 .0602.
(1) the actual cost of the retest charged by the approved laboratory;
(2) fees assessed by the approved laboratory for expenses associated with the retest. Examples of laboratory expenses include chain of custody procedures and shipping;
(3) a maximum of fifteen dollars ($15.00) for the examiner's expenses, if any, to comply with chain of custody procedures related to the retest. The amount of fifteen dollars ($15.00) for the expenses described in this Item shall be deemed to be a reasonable amount. The examiner may charge more than fifteen dollars ($15.00) for the expenses described in this item if the examiner proves the actual cost of expenses greater than fifteen dollars ($15.00); and
(4) the actual cost of any shipping expenses the examiner incurs related to the retest.
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