Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA TESTING FACILITIES › Section 453D.772 - Proficiency testing program: Establishment by Department; required participation by testing facilities; conditions for successful participation; unsuccessful participation grounds for limitation, suspension or revocation of license; request for retest of proficiency testing sample; effect of denial of request for retest or failure of retest

Current through June 11, 2024
1. The Department
			 will establish a proficiency testing program for marijuana testing facilities.
			 A proficiency testing program must include, without limitation, providing
			 rigorously controlled and standardized proficiency testing samples to marijuana
			 testing facilities for analysis, reporting the results of such analysis and
			 performing a statistical evaluation of the collective demographics and results
			 of all marijuana testing facilities.
2. Each marijuana testing facility must
			 participate in the proficiency testing program established pursuant to this
			 section.
3. If required by the
			 Department as part of being issued or renewing a license, the marijuana testing
			 facility must have successfully participated in the proficiency testing program
			 within the preceding 12 months.
4.
			 To maintain continued licensure as a marijuana testing facility, a marijuana
			 testing facility must participate in the designated proficiency testing program
			 with continued satisfactory performance as determined by the
			 Department.
5. A marijuana testing
			 facility must analyze proficiency testing samples using the same procedures
			 with the same number of replicate analyses, standards, testing analysts and
			 equipment as used for product testing.
6. The scientific director of the marijuana
			 testing facility and all testing analysts that participated in proficiency
			 testing must sign corresponding attestation statements.
7. The scientific director of the marijuana
			 testing facility must review and evaluate all proficiency testing
			 results.
8. Successful
			 participation includes the positive identification of 80 percent of the target
			 analytes that the marijuana testing facility reports to include quantitative
			 results when applicable. Any false positive results reported will be considered
			 an unsatisfactory score for the proficiency testing.
9. Unsuccessful participation in proficiency
			 testing may result in limitation, suspension or revocation of the license of
			 the marijuana testing facility.
10.
			 The Department will select a proficiency testing provider to conduct the
			 proficiency testing program and determine the schedule that the proficiency
			 testing provider will follow when sending proficiency testing samples to
			 marijuana testing facilities for analysis.
11. In addition to achieving the standard
			 required pursuant to subsection 8, a marijuana testing facility successfully
			 participates in the proficiency testing program only if the marijuana testing
			 facility:
(a) Obtains single-blind proficiency
			 testing samples from the proficiency testing provider;
(b) Analyzes the proficiency testing sample
			 for all analytes listed in NAC 453D.780 to 453D.786, inclusive;
(c) Reports the results of its analysis to
			 the proficiency testing provider;
(d) Analyzes a proficiency testing sample
			 pursuant to the proficiency testing program not less frequently than once each
			 12 months;
(e) Pays the costs of
			 subscribing to the proficiency testing program; and
(f) Authorizes the proficiency testing
			 provider to submit to the Department the results of any test performed pursuant
			 to this section.