South Carolina Code of Regulations › Chapter 73 - SOUTH CAROLINA LAW ENFORCEMENT DIVISION › Article 6 - UNIFORM PROCEDURES FOR HANDLING OF CONTROLLED SUBSTANCES › Section 73-70 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For the purposes of this Article, the following definitions apply:
1. Bloodborne Pathogen Plan: A law enforcement agency's published plan instructing its officers and employees in the safe handling, containment and disposal of blood and/or body fluid contaminated objects, surfaces, etc., to which Universal Precautions apply.
2. Chemical Analysis: A physical or chemical process or reaction which is used to identify or quantify controlled substances.
3. Confirmatory Test: An instrumental analysis which provides for determination of the molecular structure of a controlled substance including but not limited to mass spectroscopy and infrared spectroscopy, or the combination of two or more positive tests which are based on significantly different scientific principles and methodology.
4. Control Number: A serially assigned number or combination of letter(s) and number(s) stamped on each SLED Drug Analysis Security Envelope used as a unique identifier for that Envelope and its accompanying paperwork.
5. Controlled Substance: Any drug, substance, or immediate precursor of chemical or natural origin which is listed in Schedules I through V of controlled substances set forth in the United States Code and the Code of Federal Regulations and any drug which is legally dispensable only with a physician's prescription whether listed in Schedules I through V or not.
6. Criminalist: A scientifically trained specialist employed by a Forensic Laboratory to perform chemical and physical analyses. These analyses can include, but are not limited to, the physical or chemical indication and confirmation of the presence of a controlled substance.
7. Drop Box: An attended or unattended temporary storage container configured so as to permit a law enforcement officer or employee to deposit items of evidence within the container but which will not thereafter allow the removal of evidence unless an access door is unlocked and opened. Drop boxes include but are not limited to commercial night deposit boxes and postal service type boxes.
8. Engineering Controls: Means controls (e.g., sharps disposal containers, hypodermic syringe safety containers) that isolate or remove the bloodborne pathogens' hazard from the work place.
9. Evidence Custodian: A law enforcement officer or law enforcement employee other than the seizing officer who, during the course of his or her duties, stores, safeguards, or transports controlled substances.
10. Forensic Laboratory: Either (1) the South Carolina Law Enforcement Division (SLED) Forensic Science Laboratory or (2) a publicly-owned facility equipped for the chemical and/or physical analysis and testing of controlled substance evidence.
11. Hazardous Waste: Any waste identified as hazardous by South Carolina Hazardous Waste Management Regulations promulgated by the South Carolina Department of Health and Environmental Control or its successors.
12. Indicative Test: A test which can be chemical, instrumental, and/or visual, that displays a general characteristic or class of controlled substances to which suspected controlled substance evidence could belong.
13. Initial Custody Form: A form prescribed in the Rule for Chemical Analysis and Chain of Custody found in the South Carolina Criminal Practice Rules. Its full title is "Certificate of Proof of Chain of Physical Custody or Control (Initial Custody)."
14. Law Enforcement Agency: Any public law enforcement agency of the State or any of its political subdivisions which, as its principal function, performs the administration of criminal justice.
15. Law Enforcement Employee: Any employee hired by and regularly on the payroll of any law enforcement agency, of the State or any of its political subdivisions who is not a law enforcement officer and does not have the power to effect arrests.
16. Law Enforcement Officer: Any appointed officer hired by and regularly on the payroll of any law enforcement agency, of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.
17. Paraphernalia: Any article or equipment used in connection with the unlawful sale or consumption of controlled substance(s) including but not limited to scales, pipes, mirrors, razors, and hypodermic syringes.
18. Sealed Container: Any evidence container which is closed and sealed in such a manner that surreptitious entry of the container or tampering with the container or its contents will be evident.
19. Seizing Officer: The first law enforcement officer to take actual physical possession of the controlled substance(s) or suspected controlled substance(s).
20. SLED: Shall mean the South Carolina Law Enforcement Division.
21. Subsequent Change of Custody Form: A form prescribed in the Rule for Chemical Analysis and Chain of Custody found in the South Carolina Criminal Practice Rules. Its full title is "Certificate of Proof of Chain of Physical Custody or Control (Subsequent Change of Custody)."
22. Tamper Evident Package: An evidence package which, when sealed, has all seams and openings properly sealed with pressure sensitive evidence tape or other security sealing material so that any attempt to surreptitiously enter the sealed evidence package can be detected.
23. Two-Person Rule: A system to prohibit a single individual from having access to or exercising custody over controlled substance evidence by requiring the presence at all times of at least two authorized persons, each capable of detecting incorrect or unauthorized procedures with respect to the task being performed.