Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 73 FR 33329, June 12, 2008.

§ 40.97 What do laboratories report and how do they report it? ( a ) As a laboratory, when reporting a result of any kind, you must report the specimen type.
( b ) You must also report the results for each primary specimen, which will fall into one of the following three categories. As a laboratory, you must report the actual results (and not the categories): ( 1 ) *Category 1: Negative results.* As a laboratory, when you find a specimen to be negative, you must report the test result as being one of the following, as applicable: ( i ) Negative, or
( ii ) For urine only, negative-dilute, with numerical values for creatinine and specific gravity.
( 2 ) *Category 2: Non-negative results.* As a laboratory, when you find a specimen to be non-negative, you must report the test result as being one or more of the following, as applicable: ( i ) Positive, with drug(s)/metabolite(s) noted, with numerical values for the drug(s) or drug metabolite(s).
( ii ) Adulterated, with adulterant(s) noted, with confirmatory test values (when applicable), and with remarks(s);
( iii ) For urine only, positive-dilute, with drug(s)/metabolite(s) noted, with numerical values for the drug(s) or drug metabolite(s) and with numerical values for creatinine and specific gravity;
( iv ) For urine only, substituted, with confirmatory test values for creatinine and specific gravity; or
( v ) For urine only, invalid result, with remark(s). Laboratories will report actual values for pH results.
( vi ) For oral fluid only, invalid result, with remark(s). Laboratories must report numerical values of the specimen validity test results that support a specimen reported as invalid.
( 3 ) *Category 3: Rejected for testing.* As a laboratory, when you reject a specimen for testing, you must report the result as being Rejected for Testing, with remark(s).
( c ) As a laboratory, you must report laboratory results directly, and only, to the MRO at his or her place of business. You must not report results to or through the DER or a service agent (*e.g.,* a C/TPA). ( 1 ) Negative results: You must fax, courier, mail, or electronically transmit a legible image or copy of the fully completed Copy 1 of the CCF which has been signed by the certifying scientist, or you may provide the laboratory results report electronically (*i.e.,* computer data file). ( i ) If you elect to provide the laboratory results report, you must include the following elements, as a minimum, in the report format: ( A ) Laboratory name and address;
( B ) Employer's name (you may include I.D. or account number);
( C ) Medical review officer's name;
( D ) Specimen I.D. number;
( E ) SSN or Employee ID from Step 1C of the CCF, if provided;
( F ) Reason for test, if provided;
( G ) Collector's name and telephone number;
( H ) Date of the collection;
( I ) For oral fluid only, collection device expiration date;
( J ) Date received at the laboratory;
( K ) Date certifying scientist released the results;
( L ) Certifying scientist's name;
( M ) Results (*e.g.,* positive, adulterated) as listed in paragraph (b) of this section; and
( N ) Remarks section, with an explanation of any situation in which a correctable flaw has been corrected.
( ii ) You may release the laboratory results report only after review and approval by the certifying scientist. It must reflect the same test result information as contained on the CCF signed by the certifying scientist. The information contained in the laboratory results report must not contain information that does not appear on the CCF.
( iii ) The results report may be transmitted through any means that ensures accuracy and confidentiality. You, as the laboratory, together with the MRO, must ensure that the information is adequately protected from unauthorized access or release, both during transmission and in storage (*e.g., see* § 40.351).
( 2 ) Non-negative and Rejected for Testing results: You must fax, courier, mail, or electronically transmit a legible image or copy of the fully completed Copy 1 of the CCF that has been signed by the certifying scientist. In addition, you may provide the electronic laboratory results report following the format and procedures set forth in paragraphs (c)(1)(i) and (ii) of this section.
( d ) In transmitting laboratory results to the MRO, you, as the laboratory, together with the MRO, must ensure that the information is adequately protected from unauthorized access or release, both during transmission and in storage. If the results are provided by fax or other electronic means, the electronic communication must be accessible only to authorized individuals.
( e ) You must transmit test results to the MRO in a timely manner, preferably the same day that review by the certifying scientist is completed.
( f ) ( 1 ) You must provide quantitative values for confirmed positive drug test results to the MRO.
( 2 ) You must provide numerical values that support the adulterated (when applicable) or substituted result, without a request from the MRO.
( 3 ) You must also provide the MRO numerical values for creatinine and specific gravity for the negative-dilute urine test result, without a request from the MRO.
( g ) You must provide quantitative values for confirmed positive morphine and/or codeine urine results at or below 15,000 ng/mL, and for confirmed positive morphine or codeine oral fluid results at or below 150 ng/mL.
[88 FR 27644, May 2, 2023, as amended at 89 FR 51983, June 21, 2024]