§ 95-232. Procedural requirements for the administration of controlled substance examinations. - North Carolina Statutes

§ 95‑232.  Proceduralrequirements for the administration of controlled substance examinations.

(a)        An examiner whorequests or requires an examinee to submit to a controlled substanceexamination shall comply with the procedural requirements set forth in thissection.

(b)        Collection ofsamples: the collection of samples for examination or screening shall beperformed under reasonable and sanitary conditions. Individual dignity shall bepreserved to the extent practicable. Samples shall be collected in a mannerreasonably calculated to prevent substitution of samples and interference withthe collection, examination, or screening of samples. Samples for prospectiveor current employees may be collected on‑site or at an approvedlaboratory.

(c)        Screening test ofsamples:

(1)        Prospectiveemployees: a preliminary screening procedure that utilizes a single‑usetest device may be used for prospective employees.

(2)        Current employees:the screening test of samples for current employees shall only be performed byan approved laboratory.

(c1)      Confirmation test ofsamples: if a screening test for a prospective employee produces a positiveresult, an approved laboratory shall confirm that result by a secondexamination of the sample utilizing gas chromatography with mass spectrometryor an equivalent scientifically accepted method, unless the examinee signs awritten waiver at the time or after they receive the preliminary test result.All screening tests for current employees that produce a positive result shallbe confirmed by a second examination of the sample utilizing gas chromatographywith mass spectrometry or an equivalent scientifically accepted method.

(d)        Retention ofsamples: a portion of every sample that produces a confirmed positiveexamination result shall be preserved by the laboratory that conducts theconfirmatory examination for a period of at least 90 days from the time theresults of the confirmed positive examination are mailed or otherwise deliveredto the examiner.

(e)        Chain of custody:the examiner or his agent shall establish procedures regarding chain of custodyfor sample collection and examination to ensure proper record keeping,handling, labeling, and identification of examination samples.

(f)         Retesting ofpositive samples: the examinee shall have the right to retest a confirmedpositive sample at the same or another approved laboratory. The examiner,through the approved laboratory, shall make confirmed positive samplesavailable to the affected examinee, or a designated agent, during the timewhich the sample is required to be retained. The examinee must request releaseof the sample in writing specifying to which approved laboratory the sample isto be sent. The examinee incurs all reasonable expenses for chain of custodyprocedures, shipping, and retesting of positive samples related to thisrequest.  (1991,c. 687, s. 1; 1993, c. 213, s. 2; 1995, c. 383, s. 1; 2006‑264, s. 52(a);2009‑535, s. 1.)