68-29-138 - Exemption for laboratories certified by certain organizations. - Tennessee Statutes

68-29-138. Exemption for laboratories certified by certain organizations.

(a)  Notwithstanding any provisions of official compilation Rules and Regulations of the State of Tennessee, Rule 1200-6-1, or any other rule promulgated by the medical laboratory board to the contrary, a licensed Tennessee medical laboratory that is certified by the United States department of health and human resources substance abuse and mental health service administrations (SAMHSA), the American Society of Crime Laboratory Directors (ASCLD) or the American Board of Forensic Toxicology (ABFT) is exempt from the provisions of this chapter and any rules promulgated under this chapter that require persons who perform forensic and compliance analytical testing or report the results of an examination to be under the supervision of a licensed medical laboratory director, medical laboratory supervisor or medical laboratory technologist or other person so designated by the rules and regulations of the medical laboratory board and that require that only licensed medical laboratory technologists or medical laboratory technicians may perform drug testing analyses. In such medical laboratories, laboratory scientists with at least a four-year baccalaureate degree in chemistry, biology or physics from an accredited institution and who meet SAMHSA, ASCLD or ABFT requirements may perform forensic and compliance drug testing analyses only.

(b)  Nothing in this section shall be construed to authorize a person who is not licensed pursuant to this chapter to perform clinical tests or analyses on any specimen of any kind.

[Acts 2006, ch. 934, § 3.]