485:44 Water Testing Laboratory Accreditation. –
I. Any laboratory conducting water analysis tests for the purpose of determining compliance of a public water supply with the provisions of RSA 485:3 and any laboratory conducting environmental analyses in this state for any other governmental purpose where a requirement of certification or accreditation is specified shall first obtain accreditation.
II. The department shall establish and administer a program to accredit on an annual basis the facilities, equipment, procedures, methods of analysis, analytical assurance and quality control, recordkeeping and traceability, analytical performance, and qualifications of personnel of any laboratory for the purposes of RSA 485:44, I. The program shall be in conformance with and consistent with the national accreditation standards approved by the National Environmental Laboratory Accreditation Conference. The purpose of the accreditation program shall be to ensure that environmental laboratories provide sufficiently accurate, precise, and consistent results of tests, analyses, and measurements.
III. The department shall, upon request of a laboratory accredited pursuant to paragraph II of this section, accredit such laboratory in conformance with and consistent with the national accreditation standards approved by the National Environmental Laboratory Accreditation Conference, provided that such laboratory demonstrates capability to analyze samples with precision and accuracy.
IV. A laboratory may subcontract tests which it is not accredited to perform to another laboratory which is so accredited, provided that the test report clearly indicates which tests were subcontracted and that laboratory test records which specify the name and address of the laboratory which performed the work are maintained and made accessible to the department upon request.
V, VI. [Repealed.]
VII. The department shall accredit laboratories accredited in other states upon request by reciprocity, provided that the accreditation program in such states is in conformance with and consistent with the national accreditation standards approved by the National Environmental Laboratory Accreditation Conference.
VIII. An alternate laboratory test method may be acceptable only if it is in conformance with and consistent with the performance based method requirements set forth in the national accreditation standards approved by the National Environmental Laboratory Accreditation Conference.
IX. Accreditation may be denied, revoked, suspended, or modified as determined by rules of the department. A laboratory which has had accreditation revoked or suspended shall be reaccredited at such time as it again meets criteria for accreditation provided, that such laboratory has not had its accreditation revoked or suspended more than 3 times in the preceding 2 years. Upon notification of the fourth such revocation or suspension, such laboratory shall not be eligible for reaccreditation for one year from the date of such notice, except that, upon appeal by such laboratory, the commissioner may waive such extended period of revocation or suspension if such laboratory can demonstrate to the commissioner good cause for the immediate reaccreditation of such laboratory.
X. Changes in laboratory ownership, location, personnel, methodology, or other factors significantly affecting the performance of analyses for which it was originally accredited shall be reported in writing to the accreditation officer of the department within 5 business days of the change.
XI. The department shall establish by rule, under RSA 541-A, a reasonable time frame for the completion of the accreditation process. The provisions under which any laboratory is certified on January 1, 1990 shall not be affected in any way, except as provided in paragraph IX of this section, before the completion of the accreditation process within the time frame established by the department.
XII. Participation of laboratories in the accreditation program shall be voluntary.
Source. 1989, 339:1. 1992, 191:1, 2. 1996, 228:73. 1998, 152:2-4, 8, I, eff. Aug. 7, 1998.