OAR 415-065-0075: Toxicology Testing

(1) Unless a licensee is diagnosed solely with a mental disorder and an independent third-party evaluator has not recommended toxicology testing, the program must ensure that a licensee receives: (a) A baseline toxicology test within fifteen business days of the date the licensee is enrolled in the program; and (b) A final toxicology test before the licensee is deemed to successfully complete the program; (2) The program may require a licensee to submit to a non-random toxicology test. (3) Urinalysis specimens. (a) The program must ensure that urine specimens are collected in a way that preserves the integrity of the specimen and unless otherwise provided by the licensee's board by rule, that the person collecting the sample is able to directly observe the urine leaving the licensee’s body and enter the collection cup. (b) If the program suspects that the licensee has used alcohol or other drugs in violation of the licensee's monitoring agreement or suspects that the licensee has attempted to provide a false or dilute urine sample, the program may require a licensee to provide a directly observed urine specimen under the procedures described in 49 CFR § 40.67(g) through (k), in effect on 4-24-14, including having an individual the same gender as the licensee: (A) Ask the licensee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist, and lower clothing and underpants to demonstrate, by turning around, that the licensee does not have a prosthetic device to dispense urine; and (B) Watch the urine go from the licensee's body into the specimen collection container. (4) Toxicology testing must be done by a laboratory: (a) Certified by the Substance Abuse and Mental Health Services Administration and accredited through the College of American Pathologists Forensic Drug Testing Accreditation Program; and (b) That performs testing in compliance with OAR 333-024-0305 through 333-024-0350.