Drug Testing Facts For Attorneys


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Drug Testing Facts for Attorneys by ANY LAB TEST NOW® North Dallas.

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Drug Testing Facts For Attorneys

  1. 1. Drug Testing Facts for Attorneys<br />Presented by: ANY LAB TEST NOW® North Dallas<br />
  2. 2. Quality Issues<br />In Texas, the Drug & Alcohol Industry is Unregulated<br />Therefore, verify the qualifications of service providers<br />Should be DATIA Certified Collector<br />
  3. 3. Federal Regulations & Guidelines <br />The US Dept of Health & Human Services establishes the regulations for Federal Drug Free Workplace Testing<br />US Dept of Justice/Bureau of Justice Assistance provides “Best Practices of Pretrial Drug Testing”<br />HIPAA regulations apply.<br />
  4. 4. Court Cases <br />Wall v State Crim App. 2006- The Court Rules that when proper Chain of Custody is maintained and the records are maintained in the regular course of business that they did not violate the Confrontation Clause under the sixth amendment.<br />Crawford v Washington 2004- The Supreme Court ruled that such business records as laboratory reports were non-testimonial in nature<br />
  5. 5. Proper Collection Procedures<br />Chain of Custody is critical in the testing process. A copy of the chain must be provided to the donor and an original must accompany the results. This is important to linking the result to the collection.<br />The collector may not inquire about medication the donor is taking. This violated HIPAA privacy provisions.<br />
  6. 6. Collection Standards<br />There are established Industry Standards for the collection of all specimens which include Hair, Urine, Saliva, Sweat, & Breath (for alcohol).<br />Standards are established to assure proper “Chain of Custody” is maintained throughout the testing process.<br />Over 80% of mistakes made in drug testing are made by collectors.<br />
  7. 7. Medical Review<br />The medical Review Officer (MRO) is critical to both the quality assurance and accuracy of a drug test.<br />MRO’s are Board Certified and are familiar with the effects of prescription drugs as well as the synergistic effect of drug combinations on drug test results.<br />Most critical element to assure accuracy of the result.<br />
  8. 8. Testing Methodology – Urine<br />Lab Based testing <br />Provides for up to a 10 panel test.<br />The NIDA five panel is the most widely used.<br />Very accurate, but easy to adulterate.<br />Results in 2-9 days.<br />Point of collection<br />Provides for up to a 10 panel test.<br />Regulated by FDA 510 K standards.<br />All positives must be send to lab for confirmation.<br />Limited by collector using the product.<br />
  9. 9. Testing Methodology - Urine<br />Can be adulterated.<br />MRO service is critical.<br />Ability to provide observed collections is very limited by Federal Regulations & Privacy Laws.<br />
  10. 10. Testing Methodology<br />Known as an Instrumental Initial Test Facility.<br />Yields accurate 5-panel screen<br />Positive tests are sent to lab for confirmation.<br />Admissible in court.<br />
  11. 11. Testing Methodology – Hair<br />Provides for up to a 90 day window.<br />Impossible to adulterate.<br />Collection technique is critical to ensure accuracy.<br />Takes 5-7 days for drug to show up in hair sample.<br />May not show 1 time usage.<br />Rapid testing not available.<br />
  12. 12. Testing Methodology - Saliva<br />Can provide for up to a 10 panel test.<br />No known way to adulterate.<br />Less window of detection for THC than urine.<br />Allows for observed collection.<br />Ability, over urine, to detect Oxycontin and also Ecstacy.<br />
  13. 13. Testing Methodology - Alcohol<br />Breath & Saliva can detect alcohol for up to 4 hours after ingestion.<br />A new technology called Ethygluconuride/Ethyl Sulfate (etg/ets) can detect the presence of ethanol metabolites for up to 80 hours.<br />It can not provide an alcohol level, only the presence of alcohol.<br />
  14. 14. Adulterants<br />A product, device, chemical or any other attempt to falsify a drug test.<br />Violation of Subtitle C Chapter 481, Texas Controlled Substances Act.<br />481.113 (a) the attempt to falsify a drug test is a Class B misdemeanor.<br />481.113(b) delivery, possession w/ intent to deliver or manufacture w/ intent to deliver is a Class A misdemeanor.<br />
  15. 15. Closing Remarks<br />Given the impact that drug testing can have on your clients, accuracy is critical.<br />The regulation of the drug testing industry by the State is critical to public safety.<br />Without State oversight, it falls on the attorney, employer, or state agency to assure the qualifications of their service provider and that proper testing procedures are being followed.<br />