California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 8 - California Prison Industry Authority › Chapter 1 - Rules and Regulations of California Prison Industry Authority › Article 6.1 - Personnel Substance Abuse Testing › Section 8203 - Testing Program Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Abuse of drugs or substances" means:
(a) the use of an illegal drug;
(b) the intentional misuse of an
				  over-the-counter drug;
(c) the
				  intentional use of any prescription drug or other substance in a manner
				  inconsistent with its medically prescribed intended use, or under circumstances
				  where its use is not permitted; or
(d) the use of drugs or substances if it
				  impairs job performance of the employee or could impair the job performance of
				  an applicant for employment.
"Adulterated specimen" A specimen 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.
Alcohol means the intoxicating agent in beverage alcohol,
					 ethyl alcohol, or methyl and isopropyl alcohol normally found in liquor, beer,
					 wine and mixed alcoholic drinks.
"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 an evidential breath test.
"Alcohol screening device" (ASD) means a breath or saliva
					 device, other than an evidential breath testing device (EBT) that is approved
					 by the National Highway Traffic Safety Administration (NHTSA) and placed on a
					 conforming products list (CPL) for such devices.
"Cancelled test" A cancelled test exists when a specimen
					 has been reported to the MRO as an invalid test result when a split specimen
					 (Bottle B) fails to reconfirm (Bottle A).
"Chain of custody" means procedures used to account for the
					 integrity of each urine specimen by proper labeling in the presence of the
					 employee according to medical standards for specimen collection and tracking
					 its handling and storage from point of specimen collection to final disposition
					 of the specimen.
"Confirmatory validity test" means a second test performed
					 on a different aliquot of the original urine specimen to further support a
					 validity test result.
"Controlled substance"
or
"drug" means any
					 substance, narcotic, opiate, hallucinogen, depressant or stimulant as defined
					 by Health and Safety Code section
					 11007,
					 prescribed medications containing any of the substances identified in Health
					 and Safety Code section
					 11007,
					 and substances identified in the California Uniform Controlled Substances Act,
					 Health and Safety Code sections
					 11000-
					 11651
					 and in 49 CFR Section
					 40.85.
"Controlled medication" means any drug which is prescribed
					 by a licensed medical professional authorized to prescribe medication given to
					 a patient in controlled doses.
"Dilute specimen" is a urine specimen with creatinine and
					 specific gravity values below or human urine.
"Excused test" means when an employee who is selected for a
					 substance test is not available and has provided written notification to that
					 employee's supervisor that the employee is not available.
"Intoxicant" is a substance which when taken into a body by
					 one mean or another produces a condition of diminished mental and physical
					 ability, hyper-excitability, or stupefaction.
"Illegal drug" means any controlled substance classified as
					 Schedule I, II, III, IV and V in the Health and Safety Code sections
					 11554
					 through
					 11558
					 that has not been specifically prescribed by a medically licensed professional
					 authorized to prescribe medication.
"Initial validity test" means the first test used to
					 determine if a urine specimen is adulterated, diluted or substituted.
"Invalid result" is a test result for a urine specimen
					 containing an unidentified adulterant or interfering substance, or has an
					 abnormal characteristics preventing test completion.
"Medical Review Officer" (MRO) is a licensed physician
					 designated by the General Manager or designee responsible for reviewing and
					 evaluating test results.
"MRO Confidential Medication Disclosure Sheet and Envelope
					 (Disclosure Sheet)" This is a sheet or form available to employees for
					 disclosure with a pre-addressed envelope to the MRO to be opened in the event
					 of a positive test. Such disclosure may be provided in writing by the employee
					 to disclose information about factors other than illegal drug use that could
					 cause a positive test result.
"Reasonable suspicion" is the good faith belief based upon
					 specific articulable facts (
e.g.,
slurred speech, swaying,
					 emitting odor, unusual behavior, falling asleep at worksite, bloodshot eyes,
					 etc.) that an employee may be under the influence of drugs, alcohol, or
					 substances to an extent that would impede an employee's ability to perform
					 duties safely and effectively.
"Retest (Bottle B
)
" This is a second
					 bottle, with at least fifteen (15) milliliters of the same urine as tested in
					 bottle A, that is retested upon a positive test result from bottle A.
"Split sample" is the use of two bottles for the urine
					 specimen from employee that is collected in a collection container, and then
					 the collection site personnel, in the presence of the employee, will pour the
					 specimen into two (2) bottles, resulting in a split samples labeled Bottle A
					 and Bottle B.
"Substance Abuse and Mental Health Services Administration"
					 The Substance Abuse and Mental Health Services Administration (SAMHSA) is a
					 federal agency with guidelines which are scientific and technical guidelines
					 for workplace drug-testing programs.
"Test" is a procedure used to detect the presence of drugs,
					 alcohol and impairing substances.
"Under the influence" means an employee's behavior,
					 judgment, coordination, or physical or mental ability appears to be unsafe or
					 the employee appears unfit for duty or an employee's blood or urine had a
					 detectable amount of drugs, alcohol or any other impairing substance.
"Verification Interview" Confidential telephone or
					 in-person contact made by the MRO to the employee in the event of a positive
					 test result to determine whether there is a legitimate medical or other
					 explanation for that result, with a simultaneous confidential written
					 communication by U.S. Mail, and if possible, confidential email communication
					 to the employee.
1. New
					 section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
Note: Authority cited: Sections
						2801 and
						2809, Penal
						Code; and Sections
						11349(e)
						and
						19572,
						Government Code. Reference: Sections
						2801 and
						2809, Penal
						Code.