Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 10 - LABORATORIES › Chapter 10.10.10 - Job-Related Alcohol and Controlled Dangerous Substances Testing › Section 10.10.10.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agent of the employer" means a person
				  other than the employer or a licensed medical laboratory that employs
				  individuals who perform preliminary screening of job applicants for controlled
				  dangerous substances on behalf of the employer.
(2) "Chain-of-custody" means a method of
				  tracking an individual's specimen for the purpose of maintaining control and
				  accountability from initial collection through each stage in handling, testing,
				  storing, reporting test results, and final specimen disposition.
(3) Confirmation Test.
(a) "Confirmation test" means an analytical
				  procedure performed after a preliminary or screening test and intended to
				  verify or positively identify the presence of a controlled dangerous substance
				  in a specimen.
(b) "Confirmation
				  test" is limited to an analytical procedure that employs a combination of gas
				  chromatography and mass spectrometry (GC/MS or GC/MS/MS) or mass spectrometry
				  and mass spectrometry (MS/MS).
(4) Controlled Dangerous Substance.
(a) "Controlled dangerous substance" means a
				  drug, substance, or immediate precursor as set forth in Schedules I-V, Criminal
				  Law Article, Title 5, Subtitle 4, Annotated Code of Maryland.
(b) "Controlled dangerous substance" includes
				  new substances controlled under federal law as provided in Criminal Law
				  Article, §
												5-202, Annotated Code of
				  Maryland.
(5) Employee.
(a) "Employee" means an individual who
				  performs work for an employer.
(b)
				  "Employee" includes a salaried, contractual, full-time, part-time, temporary,
				  hourly, and on-call employee or a volunteer.
(6) "Employer" means a person who employs an
				  individual to perform work.
(7)
				  "Forensic testing" means testing performed for a nonclinical purpose and under
				  procedures that produce test results that meet rules of evidence required in a
				  court of law.
(8) "Immediate
				  precursor" means a substance as defined in Criminal Law Article, §
											5-101, Annotated Code of
				  Maryland.
(9) "Independent test"
				  means a test performed at the request and expense of a job applicant, employee,
				  or contractor to verify a test result obtained on the same specimen.
(10) "Job applicant" means an individual who
				  has applied for a position with an employer but is not currently employed by
				  the employer.
(11) "Job-related
				  testing" means any alcohol or controlled dangerous substances testing used by
				  an employer for a lawful business purpose.
(12) Laboratory.
(a) "Laboratory" means a facility, entity, or
				  site that performs job-related alcohol or controlled dangerous substances
				  testing.
(b) "Laboratory" does not
				  include a collection site or other site where an employer or agent of the
				  employer performs preliminary screening of job applicants for a controlled
				  dangerous substance using a single-use test device for forensic
				  testing.
(13) "Letter of
				  registration" means the authority in the form of a letter issued by the
				  Secretary granting permission to an employer to perform preliminary screening
				  of job applicants for a controlled dangerous substance.
(14) "License" means the authority in the
				  form of a permit issued by the Secretary granting permission for a laboratory
				  to perform job-related alcohol or controlled dangerous substances
				  testing.
(15) "Medical review
				  officer" means a licensed physician with knowledge of drug abuse disorders and
				  drug and alcohol testing who is either employed or under contract to an
				  employer that performs preliminary screening of job applicants for a controlled
				  dangerous substance.
(16)
				  "Non-negative test result" means the result of a preliminary screening for a
				  controlled dangerous substance that is not negative but that has not been
				  confirmed by a licensed laboratory.
(17) "Office of Health Care Quality (OHCQ)"
				  means the Office of Health Care Quality of the Department of Health and Mental
				  Hygiene.
(18) "Operator" means an
				  individual employed by the employer or agent of the employer who performs a
				  preliminary screening procedure as defined in §B(19) of this
				  regulation.
(19) "Preliminary
				  screening procedure" means a controlled dangerous substance test:
(a) Using a single-use test device for
				  forensic testing; and
(b) Performed
				  by an employer or agent of the employer on a job applicant.
(20) "Secretary" means the
				  Secretary of Health and Mental Hygiene or the Secretary's designee.
(21) "Single-use test device for forensic
				  testing" means the reagent-containing unit of a test system that:
(a) Is in the form of a sealed container or
				  cartridge possessing a validity check;
(b) Possesses a nonresealable closure or an
				  evidentiary tape to ensure detection of tampering;
(c) Is self-contained and individually
				  packaged;
(d) Is discarded after
				  each test; and
(e) Does not allow
				  any test component or constituent of a test system to interact from test to
				  test.
(22) Specimen.
(a) "Specimen" means material derived from
				  the human body and intended for laboratory testing.
(b) "Specimen" is limited to blood, urine,
				  saliva, and hair.