Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 270 - SAMPLE COLLECTION AND DRUG TESTING RULE FOR SUSPECTED OPERATING UNDER THE INFLUENCE CASES › Section 144-270-2 - Collection And Storage Of Specimens

Current through 2024-29, July 17, 2024
A. For all testing
				under this rule, the specimen to be collected must be the subject's urine or
				blood. The collection of any specimen for use in a substance use test must be
				performed in a manner that is consistent with specimen collection and labeling
				standards contained in this rule and the professional training of the person
				collecting the specimen.
1.
Specimen
				collection and labeling
a. Urine
				samples may be collected only within a law enforcement or healthcare facility.
				(29-A §
											2527(2).) The
				collection area for urine must be a toilet facility equipped with a toilet and
				a sink for washing after specimen collection. The facility must be enclosed in
				such a way as to ensure the subject privacy from observation, except as
				provided in Section
				2(A)(1), paragraph
				d, below. Except in the case of emergency, no other person, other than a law
				enforcement officer or law enforcement representative or a healthcare
				practitioner, is permitted to enter the toilet facility during
				collection.
b. Urine specimens must
				be collected in new, clean containers manufactured for the purpose of urine
				collection. The container must be sealed and labeled immediately after
				collection and specimen assessment in a manner which will prevent or reveal
				tampering with the specimen. The specimen container must be clearly and
				indelibly labeled with the date and time of collection and the name or other
				identifier associated with the subject from whom the specimen was obtained. A
				responsible person who performed or witnessed the collection and who assumes
				responsibility for the chain of custody must initial or sign and mark the time
				and date for each specimen on the kit collection worksheet.
c. To ensure accurate and reliable testing
				and to protect the privacy of the person providing the sample, only a law
				enforcement officer or law enforcement agency employee of the same sex as the
				person providing the sample, or a health care practitioner, may observe the
				individual giving the urine sample. Such observation must be conducted in such
				a manner as to minimize the violation of the subject's privacy.
d. Blood specimens must be collected in
				HETL-approved collection kits or a collection tube normally used in a
				laboratory. All samples must be sealed with tamperproof seals upon submission.
				Blood specimens must be collected by a qualified person, as described in 29-A
				MRS §
											2524(1). Each
				specimen container must be clearly and indelibly labeled with the date and time
				of collection and the name or other identifier associated with the person from
				whom the specimen was obtained. The time and date for each specimen must be
				initialed or signed by a responsible person who performed or witnessed the
				collection and who assumes responsibility for the chain of custody.
e. Whenever possible, the Health and
				Environmental Testing Laboratory (HETL) must reserve a portion of the specimen
				collected to ensure that enough remains for subsequent re-analysis, if required
				or requested. At the request and expense of the person charged, the HETL will
				segregate an available portion of the sample collected for that person's own
				further testing. Any segregated samples will be released for further testing
				upon approval from the agency that submitted the sample or the District
				Attorney's office.
f. The HETL will
				provide to law enforcement agencies upon request approved specimen collection
				kits which include acceptable materials for packing and transportation of urine
				and blood samples.