Or. Admin. Code § 333-024-0310

Current through Register Vol. 63, No. 12, December 1, 2024

Section 333-024-0310 - Definitions

(1) "Benefit" means, but is not limited to, eligibility for insurance or employment, access to or participation in a drug rehabilitation or mental health program, parole or probation, school attendance or attendance in school activities.

(2) "Chain of custody" or "custody chain" means the handling of specimens in a way which supports legal testimony to prove that the sample integrity and identification of the sample have not been violated, as well as the documentation describing these procedures from specimen collection to final report.

(3) "Confirmatory test" means a highly specific test to identify a substance of abuse or metabolite after a positive screening, based on a different analytical method than that of the initial screening test, at or below the cutoff concentration used for the screening test.

(4) "Control" means a material, the expected testing results of which are known, which is analyzed to ensure that the expected results are obtained.

(5) "Cutoff concentration" means the mass of a substance of abuse per unit volume of specimen, at or above which a test result is considered positive.

(6) "Director of a substances of abuse screening laboratory" or "Director" means the person who plans, organizes, directs and participates in any or all of the technical and administrative operations of a substances of abuse laboratory, including but not limited to reviewing laboratory procedures and their results, and the training and supervising of laboratory personnel.

(7) "Drug control manager" means the individual who works for the inspector general of the Department of Corrections, and oversees drug interdiction efforts of the Oregon Department of Corrections. This includes supervision of urine drug screening.

(8) "Easily portable screening test" means manual, non-automated, substance of abuse methods\kits.

(9) "Entity" means an individual, partnerships, corporation, company, district, local\county\state agency. An entity may be multiple sites under common ownership.

(10) "Local correctional facility" means any institution or facility used specifically for the confinement of inmates operated by a city or county.

(11) "Medical testing" means any test performed at the request of a physician, dentist, or other licensed health care professional for diagnosis and treatment or assessment of health, including testing for rehabilitation or placement into a rehabilitation or mental health program.

(12) "Non-medical testing" means substance of abuse (SOA) screening not for diagnosis and treatment or assessment of health, with or without an order from a physician, dentist or other licensed health care professional, including but not limited to, employment, pre-employment, on the job accident or injury, screening of students in schools, testing for insurance eligibility or eligibility for plasmapheresis.

(13) "Operator of a substance of abuse on-site screening facility" or "operator" means the person who plans, organizes, directs and participates in any or all of the technical and administrative operations.

(14) "Owner of a substances of abuse screening laboratory" or "Owner" means a person who owns the laboratory, or the State, county or municipality operating the laboratory, or the owner of any institution operating the laboratory or any non-profit organization operating the laboratory.

(15) "Parole, probation and post-prison supervision" means any program operated for offenders by the Department of Corrections or local correctional agencies.

(16) "Proficiency testing" means performance of tests on specimens whose expected results are unknown to anyone in the laboratory, known only to an external agency, and later revealed to the laboratory as an aid to laboratory improvement and/or a condition of licensure.

(17) "Quality control" means methods used to monitor the performance of laboratory tests to detect errors and prevent the reporting of incorrect results.

(18) "Screening" means performing initial tests designed to separate substances of abuse at a particular minimum concentration from those below that minimum concentration (positive versus negative).

(19) "Special category laboratory" means a laboratory that initially screens urine, blood, or other body fluids for substance of abuse, but does not perform confirmation testing by any method.

(20) "Specimen" means body fluids obtained from a live person.

(21) "Standard" means an authentic sample of the analyte of known purity, or a solution of the analyte of a known concentration.

(22) "State correctional facility" means any institution operated by the Oregon Department of Corrections.

(23) "Substances of abuse" or "SOA" means ethanol and controlled substances, except those used as allowed by law and as defined in ORS chapter 475 or as used in ORS 689.005.

(24) "Substances of abuse on-site screening facility" or "on-site facility" means a location where on-site tests are performed on specimens for the purpose of screening for the detection of substances of abuse.

(25) "Substances of abuse on-site screening test" or "on-site test" means a substance of abuse test that is easily portable and is approved by the Food and Drug Administration for commercial distribution or an alcohol screening test that meets the requirements of the conforming products list found in the United States Department of Transportation National Highway Traffic Safety Administration Docket No. 94-004 and meets the standards of the United States Department of Transportation Alcohol Testing Procedure, 49 C.F.R. part 40 , in effect on October 23, 1999.

(26) "Substances of abuse screening laboratory" or "SOA laboratory" means a facility where initial biochemical examinations are performed on a specimen for the purpose of screening for the detection of substances of abuse for medical purposes or non-medical purposes by automated methods. This includes licensed clinical laboratories screening for substances of abuse.

(27) "Substance of abuse testing program manager" means an individual who is responsible for all aspects of SOA testing in the facility including the quality control, proficiency testing, method selection, equipment maintenance, training, record keeping, and qualifications of individuals performing substance of abuse testing at each state or local correctional facility or parole, probation office site.

Or. Admin. Code § 333-024-0310

HD 28-1988, f. & cert. ef. 12-7-88; HD 5-1992, f. & cert. ef. 5-15-92; HD 20-1994, f. & cert. ef. 7-20-94; HD 13-1997, f. & cert. ef. 10-16-97; OHD 10-1999(Temp), f. & cert. ef. 11-26-99 thru 2-22-00; administrative correction 3-17-00; OHD 4-2000, f. & cert. ef. 4-27-00; OHD 9-2000, f. & cert. ef. 11-3-00

Publications: The publication(s) referenced in this rule are available from the agency.

Stat. Auth.: ORS 438.050, 438.130, 438.435(4), 438.435(5) & 438.435(6)

Stats. Implemented: ORS 438.050, 438.130, 438.320 & 438.435