TITLE 49. STATE ADMINISTRATION
CHAPTER 14. DRUG TESTING
PART II. DRUG TESTING PROCEDURES AND STANDARDS
49:1008 Initial testing; screening laboratories; guidelines
A. (1) Screening laboratories performing only the initial testing shall be inspected and approved by the bureau of health services financing, health standards section of the Department of Health and Hospitals. In no event shall such inspection be conducted more than once each year. Upon approval, the Department of Health and Hospitals shall issue a certificate to the screening laboratory. As a condition for approval, screening laboratories shall successfully participate in a proficiency testing program for any screened drugs listed in R.S. 49:1002(A), and shall maintain records to assure ongoing quality assurance, quality control, and equipment maintenance. The department shall refuse or revoke the certification of any screening laboratory which is not in compliance with the provisions of this Chapter.
(2) The department shall be authorized to impose an inspection fee, not to exceed two hundred fifty dollars per inspection, to provide for the administrative costs of inspection, approval, and certification. However, the fee shall be charged for only one inspection during any year.
(3) The Department of Health and Hospitals shall promulgate rules and regulations relative to the ongoing inspection, approval, and certification of screening laboratories and shall adopt an administrative appeal procedure for any screening laboratory for which certification is refused or revoked.
B. Only screening procedures acceptable to the Department of Health and Hospitals shall be used by screening laboratories.
C. Screening laboratories shall collect split samples in strict accordance with the provisions of this Chapter. Following collection of split samples, the first sample shall be sealed, labeled, and stored in strict accordance with the NIDA guidelines. The second sample shall be analyzed according to temperature, pH, specific gravity, and initial testing, using procedures that are in accordance with the NIDA guidelines. Specimens shall be examined for adulteration.
D. Except in pre-employment drug screening, the specimens that test positive on the initial screening or are adulterated shall be recorded as such and the first sample of the split specimen collection shall be forwarded to an NIDA certified or a CAPFUDT certified laboratory in strict accordance with the NIDA guidelines for initial and confirmatory testing in accordance with this Part.
E. Except in pre-employment drug screening, the results of the initial screening drug test may not be used as a basis for rendering permanent mandatory or discretionary consequences to the individual submitting the specimen.
F. Laboratory screening personnel shall comply with personnel requirements to provide reasonable assurance of accuracy of test results.
Added by Acts 1990, No. 1036, Sec. 1, eff. Jan. 1, 1991. Amended by Acts 1993, No. 878, Sec. 1.