37 Tex. Admin. Code § 195.71 - Drug and Alcohol Testing Program
(a) Purpose: The Parole Division shall
develop a policy regarding the drug and alcohol testing of releasees who are
required by the Texas Board of Pardons and Paroles to submit to drug and
alcohol testing as a condition of supervision.
(b) Criteria for Testing: Releasees shall be
tested for the major drugs of abuse and alcohol in any combination deemed
appropriate by the Parole Division. A periodic evaluation shall determine the
need to change testing patterns and the drugs identified for testing. All
testing shall be completed in accordance with the manufacturer's test
instructions.
(c) Training: The
Parole Division staff shall be trained to accurately collect specimens and
interpret the test results.
(d)
Safety: The Parole Division shall develop adequate infection control and safety
precautions in the administration of the drug and alcohol testing
program.
(e) Chain of Custody: The
Parole Division shall document the chain of custody when submitting specimens
for confirmation testing. In addition:
(1)
The specimen collection shall be observed by the parole officer and analyzed in
the presence of the releasee being supervised. The specimen shall be accurately
labeled.
(2) Samples shall not be
tampered with prior to analysis or confirmation testing.
(3) Samples not sent for confirmation testing
shall be properly discarded by the offender submitting the specimen.
(4) When the transfer of a specimen is
required, the specimen shall remain secured and refrigerated or stored in
accordance with the manufacturer's instructions if the analysis is
delayed.
(5) The analysis procedure
shall use quality control measures that withstand expert scrutiny. Suppliers of
equipment or testing supplies must be able to provide oversight personnel with
technical data on the functions and limitations of their products.
(f) Admission of Use Form
(1) Releasees subject to drug and alcohol
testing shall be given an opportunity to admit to the use of drugs or alcohol
and may waive the testing requirement. Releasees shall be informed verbally and
in writing that admission of drug or alcohol use or the detection of use of
those substances through testing may result in additional sanctions, including
revocation. Based on resource availability and releasee compliance, parole
officers shall attempt to secure treatment and counseling services for
releasees who have used drugs or alcohol. A releasee, who admits to the use of
drugs or alcohol, shall acknowledge this fact by signing an Admission of Use
form.
(2) The Admission of Use form
shall contain a provision that the releasee authorized the release of the
results of testing or the admission of use to appropriate treatment providers
for the sole purpose of providing adequate treatment and counseling services.
Testing and admission of use information shall be treated as confidential
information except in circumstances described previously and permitted by the
releasee by signed authorization on the Admission of Use form.
(g) Data Collection: The Parole
Division shall collect data for statistical analysis and evaluation of the drug
and alcohol testing program.
Notes
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