Current through Vol. 41, No. 13, March 15, 2024
(a)
Initial issuance of permits.
Persons performing analysis for drugs and other intoxicating substances (as
defined in 47 O.S., Section 751) of specimens of blood, saliva, or, urine,
hereafter termed "forensic drug analysis," under the provision of Title 47,
Oklahoma Statutes, shall possess at least the following qualifications and
shall meet the following requirements, and shall be eligible for initial
issuance of a Forensic Drug Analysis Permit to perform such forensic drug
analysis upon satisfying such qualifications and requirements. Such persons
shall continue to satisfy such qualifications and requirements as a condition
of the continued validity of such Permit.
(1)
Qualifications. Qualifications for forensic drug analysts (initial
permits) are as follows:
(A) Residence within
the State of Oklahoma.
(B) Minimum
age of 21 years.
(C) Good moral
character.
(D) At least the
educational and experience requirements stipulated for clinical laboratory
technologists, in the fields of clinical chemistry or toxicology, in the
current implementing Federal regulations applicable to laboratories pursuant to
the Clinical Laboratory Improvement Amendments of 1988 (P.L. No. 100-578),
Title 42, Part 405 et al., Code of Federal Regulations, which are adopted in
this Section by reference.
(E) At
least
six (6) month of the pertinent, full-time laboratory
experience and/or training shall have been in a laboratory or laboratories
meeting nationally-recognized standards for clinical or forensic laboratories,
and shall have been in
(i) the field of drug
analysis or forensic toxicology or forensic chemistry or criminalistics,
or
(ii) other pertinent biomedical
or forensic laboratory activities.
(F) Competence to perform forensic drug
analysis.
(2)
Requirements. Requirements for forensic drug analysts (initial
permits) are as follows:
(A) Submission of a
properly completed application form for initial issuance of Permits, obtainable
from the Board, together with the supporting documentation specified
therein.
(B) Adequate access to
suitable laboratory facilities meeting nationally-recognized standards for
clinical or forensic laboratories.
(C) Establishment of the applicant's
competence to perform forensic drug analysis. Such competence establishment
shall be accomplished in accordance with generally-recognized procedures in
forensic toxicology.
(b)
Renewal of permits. Persons
performing analysis for drugs and other intoxicating substances (as defined in
47 O.S., §
751
) of specimens of blood, saliva, or urine under the provisions of Title 47,
Oklahoma Statutes, who hold a current, valid Forensic Drug Analysis Permit
issued by authority of the Board of Tests for Alcohol and Drug Influence shall
be eligible for renewal of a Forensic Drug Analysis Permit upon satisfying the
following qualifications and requirements. Such persons shall continue to
satisfy such qualifications and requirements as a condition of the continued
validity of such Permit.
(1)
Qualifications. Qualifications for forensic drug analysts (renewal
permits) are as follows:
(A) Possession of
all qualifications stipulated in this Rule for initial issuance of a Forensic
Drug Analysis Permit.
(B) Continued
competence to perform forensic drug analysis.
(C) Possession of a valid Forensic Drug
Analysis Permit issued by authority of the Board of Tests for Alcohol and Drug
Influence within the preceding twelve (12) months upon compliance with the
Qualifications and Requirements then in force for initial issuance or for
renewal of such Permit.
(2)
Requirements. Requirements
for forensic drug analysts (renewal permits) are as follows:
(A) Submission of a properly completed
application form for renewal of Permits, obtainable from the Board, together
with the supporting documentation specified therein.
(B) Continued adequate access to suitable
laboratory facilities meeting nationally-recognized standards for clinical or
forensic laboratories.
(C)
Establishment, within one (1) year prior to renewal of the Forensic Drug
Analysis Permit, of the applicant's continued competence to perform forensic
drug analysis. Such continued competence establishment shall be accomplished in
accordance with generally-recognized procedures in forensic
toxicology.
(c)
Period of validity. Forensic
Drug Analysis Permits shall be valid for one (1) year from the date of issue,
and shall be subject to earlier termination or revocation at the discretion of
the Board.
Amended at 14 Ok Reg
1521, eff 7-1-97; Amended at 18 Ok Reg 2330, eff
6-25-01
