Oregon Administrative Rules
Chapter 415 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: ADDICTION SERVICES
Division 65 - HEALTH PROFESSIONALS' SERVICES PROGRAM
Section 415-065-0075 - Toxicology Testing
Universal Citation: OR Admin Rules 415-065-0075
Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: ORS 413.042 & 676.190
Stats. Implemented: ORS 676.185 - 676.200
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