Illinois Administrative Code › Title 50 - INSURANCE › Part 9140 - ALCOHOL AND DRUG SAMPLE COLLECTION AND TESTING › Section 9140.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Adulterated result" means a result that has been altered, as
				evidenced by test results showing either a substance that is not a normal
				constituent for that type of specimen or showing an abnormal concentration of
				an endogenous substance.
"Air Blank" means, in Evidential Breath Testing Devices using
				gas chromatography technology, a reading of the device's internal standard. In
				all other evidential breath testing devices, "air blank" means a reading of
				ambient air containing no alcohol.
"Alcohol" means the intoxicating agent in beverage alcohol,
				ethyl alcohol, or other low molecular weight alcohols, including methyl or
				isopropyl alcohol.
"Alcohol Concentration" means the alcohol in a volume of breath
				expressed in terms of grams of alcohol per 210 liters of breath as indicated by
				a breath test under this Part. Percentage by weight of alcohol in the blood is
				based on grams of alcohol per 100 milliliters of blood.
"Alcohol Confirmation Test" means a subsequent test using an
				Evidential Breath Test that provides quantitative data about alcohol
				concentration.
"Alcohol Screening Device" means a breath or saliva device,
				other than an Evidential Breath Testing Device, that is approved by the
				National Highway Traffic Safety Administration (NHTSA) and placed on a
				conforming products list for those devices.
"Alcohol Screening Test" means an analytic procedure to
				determine whether an employee may have a prohibited concentration of alcohol in
				a breath or saliva specimen.
"Alcohol Testing Site" means a place selected by the employer
				where employees present themselves for the purpose of providing breath or
				saliva for an alcohol test.
"Aliquot" means a fractional part of a specimen used for
				testing.
"Breath Alcohol Technician" means a person who instructs and
				assists employees in the alcohol testing process, operates an Evidential Breath
				Testing device, and meets the qualifications set forth in Section
				9140.60.
"Certified Paramedic" means an individual licensed by the
				Illinois Department of Public Health as an Emergency Medical Technician
				(Intermediate) or Emergency Medical Technician (Paramedic) acting under the
				direction of a licensed physician as a phlebotomist.
"Chain of Custody Form" refers to the document set forth in
				Section
				9140.10
				that is used to ensure the integrity of urine and blood specimens and record
				testing results for the specimens.
"Collection Container" means a container into which the
				employee urinates to provide the urine specimen for testing.
"Collection Form" means the form required to document breath
				and saliva testing and includes the following information:
The employee's name, address and telephone number;
The Designated Employer Representative's name, address and
				telephone number;
The name, address and telephone number of the Breath Alcohol
				Technician;
The name, address and telephone number of the Screening Test
				Technician;
The name of the testing device, the serial number or lot
				number, and expiration of the testing device;
The activation time;
The reading time;
The result of the Alcohol Screening Test;
The result of the Alcohol Confirmation Test, if applicable;
				and
A space for remarks by the Screening Test Technician or the
				Breath Alcohol Technician.
"Collector" means a person who meets the qualifications set
				forth in Section
				9140.30 and
				collects a urine specimen from an employer or person and who meets the
				qualifications set forth in Section
				9140.20 and
				collects a blood specimen from an employee.
"Designated Employer Representative" or "DER" means an employee
				authorized by the employer to make required decisions in the testing and
				evaluation processes. The DER also receives test results and other
				communications for the employer.
"Drugs" means cannabis as defined in the Cannabis Control Act
				[720 ILCS 550 ] or a controlled substance listed in the Illinois Controlled
				Substances Act [720 ILCS 570 ].
"Employee" means any person subject to testing for alcohol,
				drugs or other intoxicating compounds.
"Employer" means a person or entity employing the person
				subject to testing for alcohol, drugs or other intoxicating compounds.
"Evidential Breath Testing Device" means a device approved by
				NHTSA for the evidential testing of breath at .08 alcohol concentration, placed
				on NHTSA's Conforming Products List for Evidential Breath Measurement Devices
				and identified on the Conforming Products List as conforming with the model
				specifications available from NHTSA's Traffic Safety Program.
"HHS" means the federal Department of Health and Human
				Services.
"Intoxicating Compound" means an intoxicating compound listed
				in the Use of Intoxicating Compounds Act [720 ILCS 690 ].
"Invalid Result" means the result reported by a laboratory for
				a urine specimen that contains an unidentified adulterant, contains an
				unidentified interfering substance, has an abnormal physical characteristic, or
				has an endogenous substance at an abnormal concentration that prevents the
				laboratory from completing testing or obtaining a valid drug test
				result.
"Laboratory" means any U.S. laboratory certified by HHS under
				the National Laboratory Certification Program as meeting the minimum standards
				of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing
				Programs or a comparable accredited laboratory.
"Medical Review Officer" or "MRO" means a person who is
				responsible for performing the functions and the qualifications set forth in
				Section
				9140.40.
"Negative Result" means the result reported by a laboratory to
				an MRO when a specimen contains no drugs, other intoxicating compounds, or less
				than .08 of alcohol concentration and the specimen is a valid specimen.
"Phlebotomist" means a person trained to collect blood from
				another individual through venipuncture.
"Positive Result" means the result reported by a laboratory
				when a specimen contains a drug or intoxicating compound or alcohol
				concentration of .08 or greater.
"Primary Specimen" means the blood or urine specimen that is
				tested by a first laboratory to determine whether the employee has alcohol,
				drugs or intoxicating compounds in his or her system.
"Reconfirmed" means the result reported for a split specimen
				when the second laboratory is able to corroborate the original result reported
				for the primary specimen.
"Screening Test Technician" means a person who instructs and
				assists employees in the alcohol testing process, operates an Alcohol Screening
				Device, and meets the qualifications set forth in Section 9140.60.
"Shipping Container" means the container that is used for
				transporting and protecting urine or blood specimen bottles and associated
				documents from the collection site to the laboratory.
"Specimen Bottle" means the bottle that, after being sealed and
				labeled according to the required procedures, is used to hold the urine
				specimen during transportation to the laboratory.
"Split Specimen" means a part of the urine or blood specimen
				that is sent to a first laboratory and retained unopened, and which is
				transported to a second laboratory if requested to be tested following a
				positive test of the primary specimen or an adulterated or substituted test
				result.
"Split Specimen Collection" means a collection in which, for a
				urine specimen, the urine collected is divided into two separate specimen
				bottles or containers, the primary specimen and the split specimen and, for a
				blood specimen, two separate samples are collected, the primary specimen and
				the split specimen.
"Substituted Result" means a urine specimen with creatinine and
				specific gravity values that are so diminished or so divergent that they are
				not consistent with normal human urine.
"Verified Test" means a test result from a laboratory that has
				undergone review and final determination by the MRO.