Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 270 - SAMPLE COLLECTION AND DRUG TESTING RULE FOR SUSPECTED OPERATING UNDER THE INFLUENCE CASES
Section 144-270-1 - Definitions
Universal Citation: 10 ME Code Rules ยง 144-270-1
Current through 2024-38, September 18, 2024
A. Definitions
As used in this chapter, unless otherwise indicated, the following terms have the following meanings.
1.
Negative or none
detected test result means a test result that indicates:
a. Particular substance(s) was/were absent
within the limitations of the test(s) performed; or
b. A substance of use is present in the
tested sample in a concentration below the detection level.
2.
Positive test
result means a test result that indicates a particular substance has
been identified in accordance with the laboratory protocols.
3.
Substance use test means any
test procedure designed to take and analyze body fluids or materials from the
body for the purpose of detecting the presence of substances of use. The term
does not include tests designed to determine alcohol concentration levels from
a sample of an individual's breath.
4.
Substance of use means any
scheduled drug, alcohol or other drug, or any of their metabolites.
a.
Drug means any natural or
artificial intoxicating chemical substance that, when taken into the human
body, can impair the ability of the person to safely operate a motor vehicle or
machinery.
b.
Scheduled
drug means any intoxicating or impairing drug named or described in 17-A
MRS §1102 as a Schedule W, X, Y or Z
drug.
5.
Analytical testing
a.
Screening test means a test designed to preliminarily detect the
presence of a drug or drug category in the specimen. Any positive results are
considered to be tentative and must be verified with a confirmatory
test.
b.
Confirmatory
test means a second analytical test performed through the use of gas
chromatography/mass spectrometry or liquid chromatography/mass spectrometry to
verify the presence of a substance of use indicated by an initial positive
screening test result.
6.
Drug Recognition Expert (DRE)
means a police officer specially trained to recognize impairment in drivers
under the influence of drugs other than, or in addition to,
alcohol.
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