Md. Code Regs. 12.10.01.21

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

Section 12.10.01.21 - Drug Screening Procedures

A. Urine Sample Collection.

(1) An agency head conducting drug screening shall ensure that the process used by the correctional unit includes the minimum requirements under this section.

(2) The correctional unit representative collecting a urine sample from an individual applying for a mandated position required to submit a urine sample shall:

(a) Before collecting the sample, verify the identity of the individual providing the sample by examining a driver's license or other acceptable form of photographic identification;

(b) Before collecting the sample, obtain written consent from the individual authorizing:

(i) Collection and analysis of the sample; and

(ii) Disclosure of the sample analysis to the correctional unit and the Commission;

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

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

(e) Ensure that:

(i) A urine sample is collected using a proper container that was sealed by the manufacturer when presented to the individual providing the sample; and

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

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

(g) Once the sealed container is accepted from the individual supplying the urine sample, record on the container the:

(i) Name of the individual providing the urine sample;

(ii) Date the urine sample was taken; and

(iii) Name of the individual who received the sample from the individual providing the sample; and

(h) Ensure that the urine sample is secured and stored 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:

(a) Is not of good moral character established under Regulation .04 or .07 of this chapter; and

(b) Except as provided under §B(3) of this regulation, may not be employed or Commission-certified in a mandated position.

(3) An agency head shall ensure that a positive screen for a controlled dangerous substance, narcotic drug, or marijuana is not the result of legal use by the individual.

C. Urine Sample Analysis.

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

(2) An agency conducting drug screening under this chapter shall ensure that:

(a) A urine sample is screened by:

(i) Enzyme immunoassay;

(ii) Radioimmunoassay testing; or

(iii) Other equally scientifically rigorous screening method;

(b) The drug screening tests for the presence of the following controlled dangerous substances, narcotic drugs, or marijuana or classes of controlled dangerous substances, narcotic drugs, or marijuana or controlled dangerous substance, narcotic drug, or marijuana metabolites at the minimum levels, measured in nanograms per milliliter, specified:

(i) Amphetamines - 1,000;

(ii) Barbiturates - 300;

(iii) Cannabis or cannabinoids - 50;

(iv) Opiates - 300;

(v) Cocaine or cocaine metabolite - 300;

(vi) Phencyclidine - 25; and

(vii) Benzodiazepines - 300;

(c) A positive drug screen is confirmed for each controlled dangerous substance, narcotic drug, or marijuana identified by:

(i) Gas chromatography;

(ii) Mass spectrometry; or

(iii) Other equally scientifically rigorous method; and

(d) Drug screening and sample analysis are conducted according to provisions under Health-General Article, §17-214, Annotated Code of Maryland.

(3) The Commission:

(a) Considers a urine sample collected and analyzed under this regulation that shows a presence of a controlled dangerous substance, narcotic drug, or marijuana in a quantity equaling or exceeding the limits for the controlled dangerous substance, narcotic drug, or marijuana under §C(2)(b) of this regulation to be a positive drug screen; and

(b) Requires confirmation of a positive drug screen according to §C(2)(c) of this regulation before accepting the results as conclusive.

Md. Code Regs. 12.10.01.21

Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)