Section .0100 - Definitions

Link to law: http://reports.oah.state.nc.us/ncac/title 13 - labor/chapter 20 - controlled substances examination regulation/13 ncac 20 .0101.html
Published: 2015

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section .0100 - DEFINITIONS

 

13 NCAC 20 .0101             DEFINITIONS

As used in G.S. 95, Article 20 and this Chapter:

(1)           "All actions" means procedures performed

on the sample to detect, identify, or measure controlled substances.   Examples

include, but are not limited to, "examinations and screening for

controlled substances," "controlled substances testing," "drug

testing," "screening," "screening test," "confirmation,"

and "confirmation test".

(2)           "Chain of custody" means the process of

establishing the history of the physical custody or control of the sample from

the time the examiner provides the container for the sample to the examinee

through the later of:

(a)           The reporting of the negative result to the

examiner;

(b)           The 90 day period specified in G.S.

95-232(d); or

(c)           The completion of the retesting described in

G.S. 95-232(f).

(3)           "On-site" means any location, other than

an approved laboratory, at which a screening test is performed on prospective

employees.  For example, "on-site" locations include, but are not

limited to, the examiner's place of business or a hospital, physician's office,

or third-party commercial site operated for the purpose of collecting samples

to be used in controlled substance examinations.

(4)           "Sample" means the examinee's urine,

blood, hair or oral fluids obtained in a minimally invasive manner and

determined to meet the reliability and accuracy criteria accepted by

laboratories for the performance of drug testing.

(5)           "Employer or person charged" means an

examiner found by the Commissioner to have violated G.S. 95, Article 20.

(6)           "Preliminary screening procedure" means a

controlled substance examination that uses a single-use test device that:

(a)           Is portable and can be administered on-site;

(b)           Meets the requirements of the U.S. Food and

Drug Administration for commercial distribution contained in Title 21, Part 807

of the Code of Federal Regulations; and

(c)           Meets the generally accepted cutoff levels

contained in the Mandatory Guidelines for Federal Workplace Drug Testing

Programs adopted by the U.S. Department of Health and Human Services' Substance

Abuse and Mental Health Services Administration in 69 FR 19644.

(7)           "Single-use test device" means the

reagent-containing unit of a test system that:

(a)           Is in the form of a sealed container or

cartridge that has a validity check, a nonresealable closure, or an evidentiary

tape that ensure detection of any tampering;

(b)           Is self-contained and individually packaged;

(c)           Is discarded after each test; and

(d)           Does not allow any test component or

constituent of a test system to interact between tests.

 

History Note:        Authority G.S. 95-231; 95-232; 95-234;

Eff. April 1, 2001;

Temporary Amendment Eff. January 16, 2002;

Amended Eff. July 1, 2003;

Temporary Amendment Eff. November 30, 2006;

Amended Eff. February 1, 2007.