Or. Admin. R. 333-024-0330 - Testing for Substances of Abuse: Specimen Collection, Chain of Custody, Records, and Reports

(1) The specimen container shall be clean, tightly sealed and free of any interfering substance. It shall be transported and stored in such a manner as to preserve the integrity and security of the specimen.
(2) The specimen container shall be permanently labeled with time and date of collection and at least one of the following:
(a) The name of the person from whom the specimen was taken, if available;
(b) Social security number;
(c) Employee number;
(d) Unique identifying number.
(3) The initial request form, used by the person requesting the test, must have a statement indicating whether, if positive, the test results are to be confirmed as required under ORS 438.435(7).
(4) For those specimens requiring a confirmatory test, a record shall be made of the following:
(a) Time and date of collection;
(b) Identity of the individual receiving the specimen; and
(c) Manner by which the specimen was sent to the laboratory, including the name of the common courier or the individual delivering the specimen.
(5) Any laboratory receiving or referring the specimen shall keep for a minimum of two years a record of the following:
(a) The condition under which the specimen was collected or received and results of tests or information to rule out adulteration of the specimen;
(b) The date, time and one of the unique identifications from the specimen label;
(c) Time and date received and referred;
(d) Laboratory accession number;
(e) Condition of the specimen;
(f) The name of the company or individual requesting the test; and if positive, whether the specimen requires confirmatory testing as described in OAR 333-024-0345(1);
(g) The type of test performed;
(h) The results of the tests and controls in units of measurement where applicable; and the type and concentration of standard(s) used in testing;
(i) Storage of specimen before and after screening;
(j) The signature, initials, or identification of the testing personnel;
(k) Date and time the tests were completed; and
(l) The name of the clinical laboratory performing the confirmatory testing if required under OAR 333-024-0345(1).
(6) Clinical and substance of abuse screening laboratories may examine specimens submitted by persons other than medical personnel authorized by law and shall report the result of any test to the person or company who requested the test except as indicated in number (7) of this rule.
(7) A copy of the SOA test results must be provided to the employee or pre-employee from whom the specimen was collected, after the employee or pre-employee submits a written request and proof of identity to the laboratory.
(a) When a written request is given to the laboratory in person:
(A) The employee or pre-employee must present two proofs of identity to the laboratory, which must include one of the following picture identification cards: state driver's license, state identification card, passport or a non-citizen resident card, such as a Permanent Resident Card or Green Card from the U.S. Department of Immigration and Naturalization Service.
(B) The employee or pre-employee must sign and date a form for release of laboratory records.
(b) When a written request for SOA test results is received by mail:
(A) The request must be accompanied by a signed and dated form for release of laboratory test results and a notarized statement of the employee's or pre-employee's identity and mailing address.
(B) The laboratory will make a copy of the pertinent SOA test results and send this copy by registered or certified mail, or other bonded courier that would assure the confidentiality of the results, to the address requested by the notarized statement.
(c) A copy of the signed release form and picture identification, or the notarized statement, shall be maintained by the laboratory for two years.

Notes

Or. Admin. R. 333-024-0330
HD 28-1988, f. & cert. ef. 12-7-88; 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; PH 26-2022, minor correction filed 04/25/2022, effective 4/25/2022

Statutory/Other Authority: ORS 438.435

Statutes/Other Implemented: ORS 438.310, 438.320 & 438.435

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