California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1361.54 - Requirements for Laboratories/Testing Locations and Specimen Collectors for Testing Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licensees shall contract with a laboratory or service
					 approved in advance by the Board, provided that the laboratory or service meets
					 all the following standards:
(a) Its
				  specimen collectors shall either be certified by the Drug and Alcohol Testing
				  Industry Association or have completed the training required to serve as a
				  collector for the United States Department of Transportation.
(b) Its specimen collectors shall conform to
				  the current United States Department of Transportation Specimen Collection
				  Guidelines.
(c) Its testing
				  locations shall comply with the Urine Specimen Collection Guidelines published
				  by the United States Department of Transportation without regard to the type of
				  test administered.
(d) Its specimen
				  collectors shall observe the collection of testing specimens.
(e) Its laboratories shall be certified and
				  accredited by the U.S. Department of Health and Human Services.
(f) Its testing locations shall submit a
				  specimen to a laboratory within one (1) business day of receipt and all
				  specimens collected shall be handled pursuant to chain of custody procedures.
				  The laboratory shall process and analyze the specimen and provide legally
				  defensible test results to the Board within seven (7) business days of receipt
				  of the specimen. The Board will be notified of non-negative test results within
				  one (1) business day and will be notified of negative test results within seven
				  (7) business days.
(g) Its testing
				  locations shall possess all the materials, equipment, and technical expertise
				  necessary in order to test every licensee for which it is responsible on any
				  day of the week.
(h) Its testing
				  locations shall be able to scientifically test for urine, blood, and hair
				  specimens for the detection of alcohol and illegal and controlled
				  substances.
(i) It must have
				  testing sites that are located throughout California.
(j) It must have an automated 24-hour
				  toll-free telephone system and/or a secure on-line computer database that
				  allows the licensee to check in daily for testing.
(k) It must have a secure, HIPAA-compliant
				  website or computer system to allow staff access to drug test results and
				  compliance reporting information that is available 24 hours a day.
(l) It shall employ or contract with
				  toxicologists that are licensed physicians and have knowledge of substance
				  abuse disorders and the appropriate medical training to interpret and evaluate
				  laboratory biological fluid test results, medical histories, and any other
				  information relevant to biomedical information.
(m) A toxicology screen will not be
				  considered negative if a positive result is obtained while practicing, even if
				  the practitioner holds a valid prescription for the substance.
1. New
					 section filed 3-25-2015; operative 7-1-2015 (Register 2015, No.
					 13).
Note: Authority cited: Sections
						315,
						315.2,
						315.4
						and
						2018,
						Business and Professions Code; and Section
						11400.20,
						Government Code. Reference: Sections
						315,
						315.2,
						315.4,
						2227,
						2228,
						2229
						and
						2234,
						Business and Professions Code; and Sections
						11400.20
						and
						11425.50(e),
						Government Code.