Cal. Code Regs. tit. 9 § 30948

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 30948 - Breath, Blood and Urine Samples
(a) Breath, blood and urine samples may be collected from a person under the supervision and control of the Department of the Youth Authority for chemical analysis to determine the presence of alcohol, illegal narcotics, drugs or other prohibited substances, when there is reason to believe that the person has used or is under the influence of alcohol, illegal narcotics, drugs, or other prohibited substances, or when scheduled or unscheduled tests are known to the person to be a condition of participation in a specific program, assignment, or activity.
(b) Blood samples shall be collected and tested only when the condition or behavior of the person is such that breath or urine samples will not provide the information necessary to determine the presence of prohibited substances. The withdrawal of blood shall be performed only by a physician, registered nurse, licensed vocational nurse (so certified), licensed medical technician, or licensed phlebotomist. The individual performing the procedure shall label all specimens accurately.
(c) Breath samples shall be obtained by custody or parole staff following the manufacturer's instructions for the equipment being utilized. The individual performing the procedure shall label all specimens accurately.
(d) Urine samples shall be obtained by custody or parole or medical staff wearing gloves and following the manufacturer's instructions for the equipment being utilized. The individual performing the procedure shall label all specimens accurately.
(e) Persons under the supervision and control of the Department of the Youth Authority shall be advised that in the case of refusal to submit to a breath, blood or urine sample such tests will not be administered, but the refusal may be considered a minor or major rule infraction or a violation of parole unless the refusal is for valid medical reasons. When a refusal is for medical reasons, a medical doctor shall determine the validity of the person's claim.

Cal. Code Regs. Tit. 9, § 30948

1. Change without regulatory effect renumbering title 15, section 4140 to title 9, section 30948 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).

Note: Authority cited: Sections 1712 and 1723, Welfare and Institutions Code. Reference: Sections 1001.5 and 1767.2, Welfare and Institutions Code.

1. Change without regulatory effect renumbering title 15, section 4140 to title 9, section 30948 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).