Md. Code Regs. 12.04.01.15

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.04.01.15 - Drug Screening Procedures

A. Urine Sample Collection.

(1) A law enforcement agency conducting drug screening shall ensure that the process used by the law enforcement agency includes the minimum requirements under this regulation.

(2) A law enforcement agency conducting drug screening shall:

(a) Verify the identity of the individual providing the sample by examining a driver's license or other acceptable means of photographic identification;

(b) Obtain the urine sample in a manner that reasonably prevents substitution, alteration, or tampering;

(c) Ensure that a minimum of 50 milliliters of urine is collected from the individual providing the sample;

(d) Ensure that:

(i) A urine sample is collected using a proper container that has been sealed by the manufacturer;

(ii) Once the seal is broken by the individual supplying the urine sample and the urine sample is deposited in the container, the container is sealed by the individual supplying the urine sample;

(iii) The container is sealed using tamper-proof tape that extends over and around the container cover;

(e) Once the container is sealed and accepted from the individual supplying the sample, ensure the sample is labeled with the:

(i) Name of the individual supplying the sample;

(ii) Date the sample was given; and

(iii) Name of the individual who received the sample;

(f) Ensure that before the individual provides a urine sample, the individual provides written consent for the:

(i) Collection of the sample;

(ii) Analysis of the sample; and

(iii) Disclosure of the analysis results to the employing law enforcement agency and the Commission; and

(g) Secure, maintain, and transport the sample in a manner that preserves the chain of custody.

B. Positive Urine Sample Results.

(1) A urine sample screened positive under §C(2) of this regulation is considered evidence of recent use of a controlled dangerous substance, narcotic drug, or marijuana.

(2) A positive screen for a controlled dangerous substance, narcotic drug, or marijuana conclusively establishes that the individual providing the sample is not of good moral character established under Regulation .04 or .07 of this chapter and may not be employed or certified by the Commission as a police officer.

(3) The agency head shall ensure that a positive screen for controlled dangerous substances, narcotic drugs, or marijuana was not a result of legal use.

C. Urine Sample Analysis.

(1) To ensure the reliability and integrity of the testing process, the employing law enforcement agency conducting drug screening shall ensure that the process used by the law enforcement agency to analyze the sample includes the minimum requirements under this section.

(2) A law enforcement agency conducting drug screening and analyzing a urine sample shall:

(a) Conduct urine sample analysis according to provisions under Health-General Article, §17-214, Annotated Code of Maryland;

(b) Ensure that the urine sample is screened by an enzyme immunoassay, radioimmunoassay testing method, or another equally scientifically rigorous screening method; and

(c) At a minimum, ensure that the screening method includes testing for the presence of the controlled dangerous substances, narcotic drugs, or marijuana, or classes of controlled dangerous substances, or their metabolites listed in §C(3) of this regulation.

(3) A positive screen is indicated if the test result meets or exceeds an amount at the following levels measured in nanograms per milliliter specified for each controlled dangerous substance, narcotic drug, or marijuana, or classes of controlled dangerous substances, or their metabolites as follows:

(a) Amphetamines-1,000;

(b) Barbiturates-300;

(c) Cannabis or cannabinoids-50;

(d) Opiates-300;

(e) Cocaine or cocaine metabolite-300;

(f) Phencyclidine-25; and

(g) Benzodiazepines-300.

(4) Confirmation of a Positive Screen Required.

(a) A positive screen of a urine sample for each substance identified under §C(3) of this regulation shall be confirmed using gas chromatography, mass spectrometry, or other equally scientifically rigorous testing method

(b) A urine sample resulting in a positive screen using the method under §C(2)(b) of this regulation alone is inconclusive, unless the positive screen result is confirmed according to §C(4)(a) of this regulation.

Md. Code Regs. 12.04.01.15

Regulations .15 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996); amended effective 43:2 Md. R. 128, eff.2/1/2016