Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 265 - Substance Use Testing For The Workplace Rule › Section 144-265-1 - PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Purpose.
This rule is intended to ensure that employees and
				applicants receive reliable and accurate testing and ensure that privacy rights
				are protected.
B.
Definitions.
Definitions in this rule are in addition to
				definitions in the governing statute. As used in this rule, unless otherwise
				indicated, the following terms have the following meanings:
1.
Applicant
means any person
				seeking employment from an employer. The term includes any person using an
				employment agency's services.
2.
Confirmed positive result
means a result of a confirmation test,
				as defined in Section
				1(B)(7)(b) of this
				rule, that indicates the presence of a substance of use in accordance with the
				laboratory protocols at or above the cutoff level.
3.
Employee
means a person who
				is permitted, required or directed by any employer to engage in any employment
				for consideration of direct gain or profit.
4.
Employer
means any person,
				partnership, corporation, association or other legal entity, public or private,
				that employs one or more employees. The term also includes an employment
				agency.
5.
Negative test
				result
means a test result that indicates that:
a. A substance of use is not present in the
				tested sample; or
b. A substance of
				use is present in the tested sample in a concentration below the cutoff
				level.
6.
Non-negative test result
means a test result that indicates the
				presence of a substance of use in the tested sample at or above the cutoff
				level of the test.
7.
Substance use test
means any test procedure designed to take and
				analyze body fluids or materials from the body for the purpose of detecting the
				presence of substances of use. The term does not include tests designed to
				determine blood alcohol concentration levels from a sample of an individual's
				breath.
a.
Screening test
means
				an initial substance use test performed through the use of immunoassay
				technology, chromatography, mass analysis, enzymatic technology (for blood
				alcohol), or a test technology of similar or greater accuracy and reliability
				approved by the Department as specified in this rule. Section
				4(H), and which is
				used as a preliminary step in detecting the presence of substances of
				use.
b.
Confirmation
				test
means a second substance use test performed on a separate aliquot
				of a specimen to identify and quantify a specific drug or drug metabolite and
				verify the presence of a substance of use indicated by an initial non-negative
				test result. A confirmation test uses gas chromatography/mass spectrometry or
				liquid chromatography/mass spectrometry, except that blood alcohol will be
				confirmed using gas chromatography.
8.
Substance
of use means any
				scheduled drug, alcohol or other drug, or any of their metabolites. For the
				purpose of this rule, the testing for and detection of cannabis (also referred
				to as marijuana), cannabinoid or cannabis metabolite is specific to the
				psychoactive component tetrahydrocannabinol (THC).
a.
Alcohol
has the same meaning
				as found in
				28-A
				MRS §2(2)
b.
Drug
has the same meaning as
				found in 32 MRS §
												13702-A(n),
c.
Scheduled drug
has the same
				meaning as found in
				17-AMRS§1101(11).