Section 453A.Sec. 204 - NEW1. The Department will establish a proficiency testing program for marijuana testing facilities. A proficiency testing program must include, without limitation, providing rigorously controlled and standardized proficiency testing samples to marijuana testing facilities for analysis, reporting the results of such analysis and performing a statistical evaluation of the collective demographics and results of all marijuana testing facilities.2. Each marijuana testing facility must participate in the proficiency testing program established pursuant to this section.3. If required by the Department as part of being issued or renewing a license, the marijuana testing facility must have successfully participated in the proficiency testing program within the preceding 12 months.4. To maintain continued licensure as a marijuana testing facility, a marijuana testing facility must participate in the designated proficiency testing program with continued satisfactory performance as determined by the Department.5. A marijuana testing facility must analyze proficiency testing samples using the same procedures with the same number of replicate analyses, standards, testing analysts and equipment as used for product testing.6. The scientific director of the marijuana testing facility and all testing analysts that participated in proficiency testing must sign corresponding attestation statements.7. The scientific director of the marijuana testing facility must review and evaluate all proficiency testing results.8. Successful participation includes the positive identification of 80 percent of the target analytes that the marijuana testing facility reports to include quantitative results when applicable. Any false positive results reported will be considered an unsatisfactory score for the proficiency testing.9. Unsuccessful participation in proficiency testing may result in limitation, suspension or revocation of the license of the marijuana testing facility.10. The Department will select a proficiency testing provider to conduct the proficiency testing program and determine the schedule that the proficiency testing provider will follow when sending proficiency testing samples to marijuana testing facilities for analysis.11. In addition to achieving the standard required pursuant to subsection 8, a marijuana testing facility successfully participates in the proficiency testing program only if the marijuana testing facility:(a) Obtains single-blind proficiency testing samples from the proficiency testing provider;(b) Analyzes the proficiency testing sample for all analytes listed in sections 197 to 200, inclusive of this regulation;(c) Reports the results of its analysis to the proficiency testing provider;(d) Analyzes a proficiency testing sample pursuant to the proficiency testing program not less frequently than once each 12 months;(e) Pays the costs of subscribing to the proficiency testing program; and(f) Authorizes the proficiency testing provider to submit to the Department the results of any test performed pursuant to this section.12. The performance of a marijuana testing facility is satisfactory pursuant to subsection 4 if the results of the testing performed pursuant to this section are within the limits of the acceptance range established by the proficiency testing provider. A marijuana testing facility that fails to meet this standard may request that the Department allow the marijuana testing facility to retest a proficiency testing sample once to establish satisfactory performance. If the Department denies the request or if the marijuana testing facility fails to meet the standard on retesting, the Department may limit, suspend or revoke the license of the marijuana testing facility.Nev. Admin. Code § 453A.Sec. 204
Added to NAC by Div. of Pub. & Behavioral Health by R092-17AP, eff. 2/27/2018