OAR 333-024-0345: Testing for Substances of Abuse: Confirmatory Testing

(1) When the substances of abuse screening laboratory obtains a positive test result and the submitter indicates the result is to be used to deprive or deny any person any employment or any benefit, that same specimen must be submitted and confirmed prior to the release of the screening results. When performed within the State of Oregon, the confirmatory testing shall be by a clinical laboratory certified under the Clinical Laboratory Improvement Amendments of 1988, Public Law 100-578, 42 U.S.C. 201 and 263a for that testing. The confirmatory testing shall be as described in section (4) of this rule. (2) The administrator of the Public Health Division (Division) shall appoint a substances of abuse methods panel to recommend approval of methods used to confirm the presence of substances of abuse. The panel shall be composed of individuals from laboratories performing substances of abuse testing and shall include, but not be limited to, representatives from the Oregon State Police Forensic Services Division, laboratories certified under ORS chapter 438, and the Oregon Health and Science University. (3) Any scientifically tested method for substances of abuse analysis may be submitted to the Division, for approval, by written request from a manufacturer, laboratory, or other party. Each candidate method shall be evaluated as to its capacity for accuracy by the panel, with recommendation based thereon, by one or more of the following means: (a) Government or independent studies of the method's accuracy; (b) Comparative data on proficiency test performance of various methods; (c) Application of the method by panel members in performance of analysis; or (d) Other means as determined by the Division. (4) The following methods of chemical analysis to determine substances of abuse have been approved: (a) Chromatography; (b) Immunoassay; (c) Spectroscopy; and (d) Mass spectroscopy. (5) The confirmatory test shall be performed by a different analytical method from that used for the initial screening test.