Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 15 - Laboratories and Facilities › Section 40:15-1-3 - Forensic drug analysis laboratories

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approval.
Any laboratory in
			 which analysis for drugs and other intoxicating substances in specimens of
			 blood, hereafter termed "forensic drug analysis," is performed under the
			 provisions of Title 47or 3 O.S., Section 303 or 63 O.S., Section 4210A ,
			 Oklahoma Statutes, shall possess at least the following qualifications and
			 shall meet the following requirements. Any laboratory complying with such
			 qualifications and requirements shall be deemed by this Board to be a Forensic
			 Drug Laboratory approved by the Board of Tests for Alcohol and Drug Influence
			 and shall be entitled to issuance of a Forensic Drug Laboratory Permit. Such
			 Laboratory shall continue to satisfy such qualifications and requirements as a
			 condition of the continued validity of such Permit.
(1)
Qualifications.
Qualifications for forensic drug analysis laboratories (initial permits) are as
			 follows:
(A) All forensic laboratories and
			 facilities that are ISO/IEC (International Organization of
			 Standards/International Electrotechnical Commission) 17025 accredited, or as
			 defined in 74 O.S. § 150.37 (Forensic Laboratory Accreditation Act), or
			 permitted by the Board of Tests, may perform testing regardless of
			 location.
(B) Possession of all
			 current and valid Federal, State, and local licenses and permits required to
			 engage in the activities and operations carried out by or in the laboratory,
			 and compliance with all current Federal, State, and local requirements for such
			 activities and operations.
(C) The
			 laboratory shall be at least one (1) of the following:
(i) A clinical laboratory located within and
			 operated and controlled by an institution which is currently licensed by the
			 Oklahoma State Department of Health as a general hospital, and which is
			 currently accredited as a general hospital by the Joint Commission on
			 Accreditation of Healthcare Organizations. Such clinical laboratory shall be
			 directed by a qualified doctoral-level director.
(ii) A clinical laboratory which is currently
			 Federally licensed and/or approved under the implementing Federal regulations
			 applicable to laboratories pursuant to the Federal Clinical Laboratory
			 Improvement Amendments of 1988 (P.L. No. 100-578), for the performance of
			 clinical chemistry and/or toxicology procedures, Title 42, Part 405 et al.,
			 Code of Federal Regulations, adopted in this Section by reference. Such
			 clinical laboratory shall be directed by a qualified doctoral-level
			 director.
(iii) A central or branch
			 forensic laboratory operated and controlled by the Oklahoma State Bureau of
			 Investigation.
(iv) A forensic
			 laboratory operated and controlled by a county or municipal law enforcement
			 agency.
(v) The Toxicology/Forensic
			 Science Laboratories of The University of Oklahoma Health Sciences
			 Center.
(D) The
			 laboratory shall regularly employ or have on its permanent staff as least one
			 (1) person holding a currently valid Forensic Drug Analysis Permit issued by
			 the Board of Tests for Alcohol and Drug Influence.
(E) The laboratory shall have space,
			 facilities, equipment, and apparatus adequate and appropriate for the
			 performance of forensic drug analysis.