Tenn. Comp. R. & Regs. 0250-07-02-.03

Current through June 26, 2024

Section 0250-07-02-.03 - ADMINISTERING AND CONDUCTING DRUG SCREENS

(1) When reasonable suspicion to request a drug screen of an individual or a court order requiring DCS to drug screen an individual exists, a DCS employee will attempt to administer a drug screen as soon as possible or as required by the court order.

(2) When administering any drug screen, a DCS employee shall:

(a) Obtain consent for the drug screen from the individual on a form developed by DCS;

(b) Attempt to verify the identity of the individual being tested by requesting to see state-issued photo identification or other recognized identification, if testing an individual with whom the DCS employee is not familiar;

(c) Ask the individual about their drug use, including history, frequency, types of substances, and methods of use. This allows the individual the opportunity to self-disclose what the drug test results are likely to reveal. DCS employees shall further ask the individual about medical conditions, prescriptions, and use of over-the-counter drugs;

(d) Follow all manufacturer instructions for the individual test being used;

(e) Follow universal precautions when handling all specimens, including wearing disposable gloves;

(f) Avoid administering a drug test to an individual in front of a child or youth whenever possible and practicable; and

(g) Complete a form developed by DCS memorializing the results of the drug test.

(3) When a DCS employee administers a urine drug screen (UDS), the employee shall additionally:

(a) Provide the individual with a non-reusable, sealed container for specimen collection;

(b) Examine the specimen for signs of adulteration, as evidenced through evaluation of factors including, but not limited to, one or more of the following:

1. Temperature;

2. Color or appearance;

3. Nitrites;

4. Oxidants;

5. Specific Gravity;

6. pH level; and/or

7. Creatinine.

(c) Ensure that when directly or indirectly observing specimen collection for a urine drug screen, the following conditions exist:

1. The individual consents to the specimen collection; or

2. A court order requires it.

(d) Follow a chain of custody collection method and submit a specimen for confirmatory screening when one of the following occur:

1. A drug screen will likely result in a court action;

2. The individual submitting the specimen disputes the results in writing on a form developed by DCS;

3. A court order requires such confirmatory screening; or

4. A DCS supervisor has reasonable suspicion to believe the drug screening process was adulterated or otherwise inaccurate. A DCS supervisor may choose not to seek confirmatory screening if the individual with a positive drug screen has provided a clear, detailed statement of their substance use, and the statement is consistent with the results of the UDS.

5. Nothing in this paragraph (d) shall be construed to require confirmatory screening in every instance of a positive drug screen.

(e) Take the following additional precautions when screening in a home environment:

1. Avoid administering a drug screen to an individual in front of a child/youth whenever possible and practicable; and

2. With appropriate consent, assess the environment where the drug screen is to be administered to ensure no medications, adulterants, or other contaminants are present.

(f) Take the following additional precautions when screening at a DCS office or public location (e.g., a court or police precinct):

1. Avoid administering a drug screen to an individual in front of a child/youth whenever possible and practicable; and

2. Display efforts to provide as much privacy as possible, for instance, by using a single restroom environment or a large restroom stall.

(4) DCS employees shall do the following to help avoid the tampering of drug screens:

(a) With appropriate consent and prior to administering the screen, evaluate the immediate vicinity where the drug screen will occur. Look for chemicals or other supplies that could be used to adulterate the screen.

(b) If indirectly observing the drug screen, instruct the individual not to flush the commode or run water until the DCS employee has received the specimen.

(5) After the result has been interpreted and a DCS form has been completed, the specimen and screening supplies may be discarded, barring any need to follow chain of custody collection methods.

(6) If an individual does not provide a specimen for a urine drug screen, the individual may be offered an opportunity to provide a saliva specimen through use of an oral swab drug screening kit. These kits shall follow chain of custody collection methods and shall be submitted to a laboratory for confirmatory screening.

(7) If an individual refuses a drug screen, the DCS employee shall document the refusal on a form developed by the Department.

Tenn. Comp. R. & Regs. 0250-07-02-.03

New rules filed June 13, 2023; effective 9/11/2023.

Authority: T.C.A. §§ 37-1-406, 37-5-105, and 37-5-106.