Current through Register Vol. 61, No. 4, April 1, 2022
substances of abuse screening laboratory obtains a positive test result and the
submitter indicates the result is to be used to deprive or deny any person any
employment or any benefit, that same specimen must be submitted and confirmed
prior to the release of the screening results. When performed within the State
of Oregon, the confirmatory testing shall be by a clinical laboratory licensed
under ORS 438.110 and 438.150 or certified under the Clinical Laboratory
Improvement Amendments of 1988
,42 U.S.C. 201 and 263
for that testing. The confirmatory testing shall be as described in
section (4) of this rule.
administrator of the Division shall appoint a substances of abuse methods panel
to recommend approval of methods used to confirm the presence of substances of
abuse. The panel shall be composed of individuals from laboratories performing
substances of abuse testing and shall include, but not be limited to,
representatives from the Oregon State Police Crime Laboratory, laboratories
licensed under ORS Chapter 438, and the Oregon Health Sciences
tested method for substances of abuse analysis may be submitted to the
Division, for approval, by written request from a manufacturer, laboratory, or
other party. Each candidate method shall be evaluated as to its capacity for
accuracy by the panel, with recommendation based thereon, by one or more of the
(a) Government or
independent studies of the method's accuracy;
(b) Comparative data on proficiency test
performance of various methods;
Application of the method by panel members in performance of analysis;
(d) Other means as determined by
following methods of chemical analysis to determine substances of abuse have
(d) Mass spectroscopy.
(5) The confirmatory test shall be performed
by a different analytical method from that used for the initial screening
Or. Admin. R.
HD 28-1988, f. & cert.
ef. 12-7-88; HD 5-1992, f. & cert. ef. 5-15-92; OHD 9-2000, f. & cert.
Stat. Auth.: ORS 438.050, 438.130, 438.435(4), 438.435(5)
Stats. Implemented: ORS