Current through September 24, 2024
(1) When reasonable
suspicion to request a drug screen of an individual or a court order requiring
DCS to drug screen an individual exists, a DCS employee will attempt to
administer a drug screen as soon as possible or as required by the court
order.
(2) When administering any
drug screen, a DCS employee shall:
(a) Obtain
consent for the drug screen from the individual on a form developed by
DCS;
(b) Attempt to verify the
identity of the individual being tested by requesting to see state-issued photo
identification or other recognized identification, if testing an individual
with whom the DCS employee is not familiar;
(c) Ask the individual about their drug use,
including history, frequency, types of substances, and methods of use. This
allows the individual the opportunity to self-disclose what the drug test
results are likely to reveal. DCS employees shall further ask the individual
about medical conditions, prescriptions, and use of over-the-counter
drugs;
(d) Follow all manufacturer
instructions for the individual test being used;
(e) Follow universal precautions when
handling all specimens, including wearing disposable gloves;
(f) Avoid administering a drug test to an
individual in front of a child or youth whenever possible and practicable;
and
(g) Complete a form developed
by DCS memorializing the results of the drug test.
(3) When a DCS employee administers a urine
drug screen (UDS), the employee shall additionally:
(a) Provide the individual with a
non-reusable, sealed container for specimen collection;
(b) Examine the specimen for signs of
adulteration, as evidenced through evaluation of factors including, but not
limited to, one or more of the following:
1.
Temperature;
2. Color or
appearance;
3. Nitrites;
4. Oxidants;
5. Specific Gravity;
6. pH level; and/or
7. Creatinine.
(c) Ensure that when directly or indirectly
observing specimen collection for a urine drug screen, the following conditions
exist:
1. The individual consents to the
specimen collection; or
2. A court
order requires it.
(d)
Follow a chain of custody collection method and submit a specimen for
confirmatory screening when one of the following occur:
1. A drug screen will likely result in a
court action;
2. The individual
submitting the specimen disputes the results in writing on a form developed by
DCS;
3. A court order requires such
confirmatory screening; or
4. A DCS
supervisor has reasonable suspicion to believe the drug screening process was
adulterated or otherwise inaccurate. A DCS supervisor may choose not to seek
confirmatory screening if the individual with a positive drug screen has
provided a clear, detailed statement of their substance use, and the statement
is consistent with the results of the UDS.
5. Nothing in this paragraph (d) shall be
construed to require confirmatory screening in every instance of a positive
drug screen.
(e) Take
the following additional precautions when screening in a home environment:
1. Avoid administering a drug screen to an
individual in front of a child/youth whenever possible and practicable;
and
2. With appropriate consent,
assess the environment where the drug screen is to be administered to ensure no
medications, adulterants, or other contaminants are present.
(f) Take the following additional
precautions when screening at a DCS office or public location (e.g., a court or
police precinct):
1. Avoid administering a
drug screen to an individual in front of a child/youth whenever possible and
practicable; and
2. Display efforts
to provide as much privacy as possible, for instance, by using a single
restroom environment or a large restroom stall.
(4) DCS employees shall do the following to
help avoid the tampering of drug screens:
(a)
With appropriate consent and prior to administering the screen, evaluate the
immediate vicinity where the drug screen will occur. Look for chemicals or
other supplies that could be used to adulterate the screen.
(b) If indirectly observing the drug screen,
instruct the individual not to flush the commode or run water until the DCS
employee has received the specimen.
(5) After the result has been interpreted and
a DCS form has been completed, the specimen and screening supplies may be
discarded, barring any need to follow chain of custody collection
methods.
(6) If an individual does
not provide a specimen for a urine drug screen, the individual may be offered
an opportunity to provide a saliva specimen through use of an oral swab drug
screening kit. These kits shall follow chain of custody collection methods and
shall be submitted to a laboratory for confirmatory screening.
(7) If an individual refuses a drug screen,
the DCS employee shall document the refusal on a form developed by the
Department.
Authority: T.C.A. §§
37-1-406,
37-5-105, and
37-5-106.
