Fla. Admin. Code R. 59A-24.003

Current through Reg. 50, No. 235-239, December 10, 2024

Section 59A-24.003 - Definitions

In addition to the definitions set forth in Section 112.0455(5), F.S., as used in this rule chapter the following terms shall mean:

(1) "Agency" means the Agency for Health Care Administration.

(2) "Aliquot" means a portion of a specimen used for testing.

(3) "Approved Proficiency Testing Provider" means a private non-profit proficiency testing organization that meets the following requirements:

(a) Supplies a shipment of no less than 10 drug of abuse proficiency testing samples for screening and confirmation testing at least 3 times per year. Samples shall consist of a combination of negative specimens and a selection of positive specimens containing the drugs or metabolites of the substances listed in Section 112.0455(5)(a), F.S.

(b) Evaluates proficiency testing sample results using statistical methods based on results obtained from participant peer group comparisons.

(c) Provides no communication with the participant laboratory regarding the drug content of the samples prior to the issuance of the proficiency testing report.

(d) Provides explanatory information to assist the participant laboratory in the interpretation of the proficiency testing results.

(4) "Collection Site" means a place owned, operated, or contracted by a laboratory licensed under this rule chapter, or a site prepared by a collector authorized under Section 112.0455, F.S. and Chapter 59A-24, F.A.C., where individuals present themselves for the purpose of providing a specimen or specimens to be analyzed for the presence of drugs.

(5) "Collection Site Person" or "Collector" means a person who instructs and assists donors at a collection site and who collects or receives and makes an initial observation of the specimen provided by those donors. The laboratory is responsible to ensure that the collector(s) is trained to carry out his or her responsibilities under this rule chapter.

(6) "Donor" means a job applicant or employee who present themselves to a collection site for the purpose of submitting to a drug test.

(7) "Federal Workplace Drug Testing Programs" means the Department of Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs as contained in Volume 59, Number 110, of the Federal Register published June 9, 1994, and the criteria found in the National Laboratory Certification Program Guidance Document for Laboratories and Inspectors as published by the Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention, August 29, 1994, each incorporated by reference herein.

(8) "Forensic Toxicology Laboratory" or "Laboratory" means a place where examinations are performed on specimens taken from the human body to provide information regarding the presence or absence of drugs or their metabolites for the purpose of promoting a drug free workplace under the provisions of Section 112.0455, F.S.

(9) "Medical Review Officer" or "MRO" means a licensed physician qualified under paragraphs 59A-24.008(1)(a) -(e), F.A.C., who evaluates a donor's test result, together with his or her medical history or any other biomedical information, and makes the final determination of the donor's test results.

(10) "Prescription or Nonprescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02(17), F.S., or a medication that is authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments, or injuries.

(11) "Reason to Believe" means a belief by the collection site person that a particular individual intends to alter or has altered or substituted a specimen. Reason to believe includes, for example:

(a) A urine specimen temperature falling outside the specified range of 90°-100° degrees fahrenheit.

(b) Unusual urine color or signs of contaminants in the urine.

(c) A finding of contaminants on the individual.

(d) Unusual behavior or appearance by the individual.

(12) "Peer reviewed literature" includes literature approved for publication.

(13) "Run" or "batch" means an interval in which tests are performed within which the accuracy and precision of a testing system is expected to be stable. This interval shall not exceed 24 hours; nor shall it exceed the stability limits indicated by the instrument manufacturer.

(14) "Split sample" means a specimen that is divided into two separate containers, for the purpose of using one container for immediate testing and the other being tested at the donor's request if the first sample tested results in a confirmed positive test.

Fla. Admin. Code Ann. R. 59A-24.003

Rulemaking Authority 112.0455(13)(a) FS. Law Implemented 112.0455 FS.

New 3-15-90, Amended 6-28-91, Formerly 10E-18.003, Amended 5-1-96, 3-11-98.