CHAPTER Saf-C 6400  ALCOHOL AND CONTROLLED DRUGS

 

Statutory Authority:  RSA 265:A:5, V

 

REVISION NOTE:

 

            Pursuant to 2003, 319:80, II, effective 1-1-04, rules He-P 2202 entitled “Alcohol and Controlled Drugs”, last filed by the Department of Health and Human Services under Document #6612, effective 11-1-97, were transferred to the Department of Safety.  The Department of Safety subsequently filed Document #8454, effective 11-1-05, which readopted and renumbered as interim rules in Saf-C 6400 most of the rules in the former He-P 2202.

 

            The following rules in He-P 2202 were not included within Document #8454 and are deemed by the Department of Safety to have expired on 11-1-05:

 

            Selected definitions in He-P 2202.01, including (h), “Collection site personnel”;

                        (i) “Commissioner”; (m) “Director”; (o) “Laboratory”; (q) “Mean”;

                        (r) “Metabolite”; (v) “Proficiency testing program”; (x) Requesting agency”;

                        (z) “Seal”; and (ad) “Specimen”;

            He-P 2202.05 relative to specimen collection containers;

            He-P 2202.06 relative to transmittal slip;

            He-P 2202.20 relative to mail release form.

            He-P 2202.22 relative to independent laboratory personnel;

            He-P 2202.23 relative to receipt and handling of remaining sample received by an independent laboratory;

            He-P 2202.25 relative to recording of analytical data by an independent laboratory;

            He-P 2202.26 relative to quality assurance by an independent laboratory; and

            He-P 2202.30 relative to proficiency testing by an independent laboratory.

 

            The rules in Document #8454 therefore replaced all prior filings for rules in the former He-P 2202.  The filings of the Department of Health and Human Services or its Division of Public Health Services affecting the former He-P 2202 include the following documents:

 

            #1104, eff 2-16-78

            #1930, eff 1-26-82

            #2476, eff 9-14-83

            #2477, eff 9-14-83

            #2764, eff 6-19-84

            #3068, eff 7-23-85

            #4044, eff 4-25-86

            #5174, eff 7-8-91

            #5396, eff 5-19-92

            #6532, INTERIM, eff 7-8-97

            #6612, eff 11-1-97

 

PART Saf-C 6401  DEFINITIONS

 

          Saf-C 6401.01  “Accuracy” means the closeness of the test result to the true or expected result.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6401.02  “Alcohol” means “intoxicating liquors” as defined in RSA 21:33.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6401.03  “Alcohol concentration” means grams of alcohol per one hundred milliliters (g/100 ml) of blood  or grams of alcohol per 67 milliliters (g/67 ml) of urine as defined in RSA 259:3-b.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6401.04  “Alcohol concentration tests” means the testing of blood or urine to determine the level of alcohol or controlled drug as defined in Saf-C 6401.02 or Saf-C 6401.12, respectively.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.03); ss by #12526, eff 5-11-18

 

          Saf-C 6401.05  “Analyte” means a compound for which a test is conducted.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.04); ss by #12526, eff 5-11-18

 

          Saf-C 6401.06  “Average” means testing a number of samples, the results of which are added together and divided by the total number of samples.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6401.07  “Blank standard” means a solution containing an internal standard and zero concentration of analyte.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18; ss by #12526, eff 5-11-18

 

          Saf-C 6401.08  “Calibrator” means a solution of predetermined concentration used in establishing a range of accuracy of a test.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6401.09  “Commissioner” means the commissioner of the department of safety or his or her designee.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.10); ss by #12526, eff 5-11-18

 

          Saf-C 6401.10  “Confirmatory drug test” means a separate additional test of a sample based upon a different scientific principle than that used in the screening test.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (fromSaf-C 6401.11); ss by #12526, eff 5-11-18

 

          Saf-C 6401.11  “Control” means a sample or solution of a predetermined concentration, similar to the sample, which is tested for quality control purposes and not used in the calibration of a method.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.12); ss by #12526, eff 5-11-18

 

          Saf-C 6401.12  “Controlled drug” means “controlled drug” as defined in RSA 318-B:1, VI.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.13); ss by #12526, eff 5-11-18

 

          Saf-C 6401.13  “Forensic laboratory” means the state police forensic laboratory as described in RSA 106-B:2-a.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (fromSaf-C 6401.15); ss by #12526, eff 5-11-18

 

Saf-C 6401.14  “Independent laboratory” means a laboratory accredited pursuant to RSA 265-A:5, V.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (fromSaf-C 6401.17); ss by #12526, eff 5-11-18 (from Saf-C 5401.15)

 

          Saf-C 6401.15  “Internal standard” means a substance of known concentration which is chemically similar and distinctly identifiable from the analyte.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (fromSaf-C 6401.16); ss by #12526, eff 5-11-18 (from Saf-C 6401.14)

 

          Saf-C 6401.16  “Limit of quantitation” means the lowest concentration at which an analyte can be determined with accuracy and precision.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.18)

 

          Saf-C 6401.17  “Metabolite” means a biological by-product of a parent drug.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.19); ss by #12526, eff 5-11-18

 

          Saf-C 6401.18  “Minimum limit of detection” means the lowest level at which an analyte can be  identified.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.20); ss by #12526, eff 5-11-18

 

          Saf-C 6401.19  “Negative” means a test result for an analyte which is not found or falls below the minimum limit of detection for the method employed.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.21);ss by #12526, eff 5-11-18

 

          Saf-C 6401.20  “Positive” means a test result which identifies the analyte at or above the minimum limit of detection for the method employed.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.22); ss by #12526, eff 5-11-18

 

          Saf-C 6401.21  “Precision” means a measure of the agreement between replicate tests.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.23); ss by #12526, eff 5-11-18

 

          Saf-C 6401.22  “Range” means the upper and lower limits of acceptability for a test.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.24); ss by #12526, eff 5-11-18

 

          Saf-C 6401.23  “Sample” means a blood or urine specimen collected for testing.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.25); ss by #12526, eff 5-11-18

 

          Saf-C 6401.24  “Screening test” means a qualitative or semi-quantitative test of a sample for the identification of a drug or drug group or their metabolites.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.26); ss by #12526, eff 5-11-18

 

          Saf-C 6401.25  "Secure refrigerator" means a refrigerator used to store samples which is not accessible to the general public.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.27); ss by #12526, eff 5-11-18

 

          Saf-C 6401.26  “Sequence” means a number of like tests which are performed one after the other.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.28); ss by #12526, eff 5-11-18

 

          Saf-C 6401.27  "Solvent blank" means a liquid similar to that used in the sample test which does not contain the analyte or internal standard.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.29); ss by #12526, eff 5-11-18

 

          Saf-C 6401.28  "Standard" means a solution of predetermined concentration of analyte used to calibrate or verify a method.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.30); ss by #12526, eff 5-11-18

 

Saf-C 6401.29 “Subject” means a person who has submitted to a blood or urine sample test pursuant to RSA 265-A:4.

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.31); ss by #12526, eff 5-11-18

 

          Saf-C 6401.30  “Submitting agency” means a law enforcement agency within the state of New Hampshire.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 (from Saf-C 6401.31); ss by #12526, eff 5-11-18 (from Saf-C 6401.29)

 

PART Saf-C 6402  COLLECTION, DELIVERY AND TESTING OF SPECIMENS

 

          Saf-C 6402.01  Sample Size.  The blood or urine sample collected pursuant to RSA 265-A:4,  shall consist of approximately 20 milliliters, pursuant to  RSA 265-A:7, to allow for additional testing by means of similar procedures.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.02  Blood Sample Collection.

 

          (a)  Blood samples shall be collected pursuant to RSA 265-A:5, I.

 

          (b)  A cleanser shall be used to clean the area of skin where the blood specimen will be drawn.  The cleanser shall contain no ingredients that would interfere with an analysis for alcohol or drugs.

 

          (c)  The person who collects the blood sample pursuant to RSA 265-A:5, I shall complete a DSSP 325 “Blood Sample Collection Form”.

 

          (d)  The completed DSSP 325 “Blood Sample Collection Form” shall include:

 

(1)  The name and title of the person withdrawing the sample;

 

(2)  The name of his or her employer;

 

(3)  The name of the subject;

 

(4)  The date and time the sample was drawn in accordance with Saf-C 6402.02;

 

(5)  The type of cleanser used to prepare the site;

 

(6)  The signature of the person withdrawing the sample; and

 

(7) The signature of the witness.

 

          (e)  The original copy of the DSSP 325 “Blood Sample Collection Form” shall be retained by the submitting agency and a copy shall be given to the person who withdrew the sample.  The form shall be admissible evidence of proper sample collection pursuant to RSA 265-A:12, V.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.03  Blood Sample Collection Container.  The container used for collection of a blood sample shall meet the following criteria:

 

(a)  Be a commercially available evacuation tube; and

 

(b)  Contain a preservative such as sodium fluoride and an anticoagulant such as potassium oxalate sufficient for the volume of sample collected.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.04  Urine Sample Collection.

 

          (a)  Urine samples shall be collected pursuant to RSA 265-A:5.

 

          (b)  For alcohol concentration, a total of 2 urine samples shall be collected. The second sample shall be collected no sooner than one hour after the first.

 

          (c)  Urine samples shall be collected in a commercially prepared container.

 

          (d)  The sample shall be collected in the presence of a person authorized by the submitting agency to ensure the integrity of the sample.

 

          (e) The person observing the sample collection shall document on the collection container the following information:

 

(1)  The name of the person observing the sample collection;

 

(2)  The name of his or her employer;

 

(3)  The name of the subject;

 

(4)  The date and time the sample was collected in accordance with Saf-C 6402.04; and

 

(5)  The signature of the person observing the sample collection.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.05  Evidence Examination Request.

 

          (a)  At the time of submitting a sample to the forensic laboratory, the law enforcement officer shall provide the following information:

 

(1)  Department case number;

 

(2)  Name and date of birth of the subject of the sample;

 

(3)  Subject’s address;

 

(4)  Name of submitting agency; and

 

(5)  The sample submitted information including an exhibit number and a request of whether the check is for alcohol, drugs, or both alcohol and drugs. 

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.06  Shipping Container.

 

          (a)  The law enforcement officer shall place each sample collected pursuant to RSA 265-A:4 in a shipping container for transport to the forensic laboratory in accordance with  RSA 265-A:5, II.

 

          (b)  The shipping container shall meet the following criteria:

 

(1)  Be made of a rigid material which shall protect the sample from damage during transport;

 

(2)  Be secured in a tamper evident bag or other tamper evident packaging with initials across the seal to prevent loss of evidence or alteration; and

 

(3)  Be accompanied by the information in Saf-C 6402.05(a) above.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.07  Sample Handling and Transport.

 

          (a)  The law enforcement officer shall maintain a record of evidence custody to document all handling of the sample until the sample is submitted to the forensic laboratory.

 

          (b)  The law enforcement officer shall submit the secured container to the forensic laboratory in accordance with RSA 265-A:5, II, as soon as feasible.

 

          (c)  If mailed, the sample shall be mailed by a means that enables tracking of the sample such as registered or certified mail.

 

          (d)  The mailing container shall conform to postal regulations in effect at the time of shipment.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.08  Sample Receipt and Identification.

 

          (a)  Upon receipt for each sample received pursuant to RSA 265-A:4, the following information will be recorded:

 

(1) A forensic laboratory number will be assigned to the sample; and

 

(2)  Record evidence custody information, including:

 

a.  The date, time, and purpose of transfer;

 

b.  The name of the person relinquishing the sample; and

 

c.  The name of the person receiving the sample.

 

          (b)  Any problem encountered with the sample from the time of receipt to the date of destruction shall be noted in the case file.

 

          (c)  A sample submitted in accordance with Saf-C 6402.07 shall be placed in a secure refrigerator until the time of testing or destruction.

 

          (d)  Forensic laboratory personnel shall maintain a record of evidence custody to document all handling of the sample until the sample is released or destroyed.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.09  Alcohol Method.

 

          (a)  A blood or urine sample submitted for determination of alcohol concentration shall be tested by gas chromatography.

 

          (b)  An internal standard shall be used in the testing of all samples to determine the concentration of analyte.

 

          (c)  Prior to each day’s testing, the forensic laboratory shall calibrate a method or verify a previously calibrated method.

 

          (d)  A blank standard shall be tested at the beginning of each day. Sample test results shall not be reported if the blank standard result is greater than 0.004 g/100ml for blood or 0.004 g/67ml for urine.

 

          (e)  A minimum of 2 standards of different concentrations shall be tested prior to running any forensic samples, after every set of ten forensic samples run in duplicate, and at the completion of a run.

 

          (f)  A minimum of one control shall be tested in duplicate each day that samples are tested.

 

          (g)  Sample test results shall not be reported if either of the standard or control test results does not fall within the predetermined range of accuracy and precision for the procedure employed.

 

          (h)  Each sample shall be tested in duplicate.

 

          (i)  Results of duplicate testing shall fall within the predetermined limit of precision for the procedure employed.  Test results which exceed the precision limit shall not be reported.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.10  Recording of Analytical Data.  All analytical data shall be recorded daily to include:

 

          (a)  The date of testing;

 

          (b)  The ranges and test results of all blanks, standards, and controls;

 

          (c)  The lot numbers and expiration dates of solutions used;

 

          (d)  The type of equipment used;

 

          (e)  The results of the testing;

 

          (f)  The reported value determined in accordance with Saf-C 6402.11;

 

          (g)  A notation of any problems with the testing; and

 

          (h)  The name of the person who conducted the test.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRES: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.11  Reporting of Alcohol Findings.

 

          (a)  The reported value of a sample shall be determined by reporting the average value of the 2 replicate tests truncated to three decimal places.

 

          (b)  The reported value of a sample shall be expressed as in accordance with Saf-C 6401.03.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.12  Analytical Methods for Drugs.

 

          (a)  A screening test shall be performed to eliminate negative samples.

 

          (b)  Each sequence of screening tests shall include controls to verify the accuracy and reliability of the method employed.

 

          (c)  Sample screening test results shall not be reported if the test results for the controls do not fall within the acceptability criteria for the method employed.

 

          (d)  Confirmatory drug tests shall be performed whenever samples are identified as positive on the screening test.

 

          (e)  The confirmatory test shall include:

 

(1)  A calibration curve for each drug tested, when quantitative test results are reported

 

(2)  Testing of blanks, controls, and standards to verify the accuracy and reliability of the method employed; and

 

(3)  A solvent blank test prior to each sample test to ensure no carryover of analyte has occurred.

 

          (f)  Samples that are negative on the screening drug test shall be reported as negative and shall specify the minimum limit of detection for each method employed.

 

          (g)  Blood samples that are tested for confirmation purposes and quantitated shall be reported as follows:

 

(1)  Specify the analyte reported;

 

(2)  Specify the quantitative test result when at or above the limit of quantitation;

 

(3)  Specify “negative” when the quantitative test result is below the minimum limit of detection;

 

(4)  Specify “trace” when the test result is above the minimum limit of detection, but below the limit of quantitation; and

 

(5)  Specify the limit of quantitation for the method employed.

 

          (h)  Blood samples that are tested for confirmation purposes for qualitative identification without quantitation shall be reported as follows:

 

(1)  Specify the analyte reported;

 

(2)  Specify the test result as “positive” or “negative”; and

 

(3)  Specify the minimum limit of detection for the method employed.

 

          (i)  Urine samples that are tested for confirmation purposes shall be reported as follows:

 

(1)  Specify the analyte reported;

 

(2)  Specify the test result as “positive” or “negative”; and

 

(3)  Specify the minimum limit of detection for the method employed.

 

          (j)  Urine test results shall not be quantitated.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18 (formerly Saf-C 6402.13)

 

          Saf-C 6402.13  Alcohol or Drug Report.

 

          (a)  Results of the test of blood or urine samples submitted for testing to determine the alcohol concentration or drug content pursuant to RSA 265-A:4, shall be reported to the submitting agency upon completion of all testing.

 

          (b)  The report shall be completed by the laboratory performing the test(s).

 

          (c)  The laboratory personnel shall include the following information in the report:

 

(1)  The name of the submitting agency;

 

(2)  The date of the report;

 

(3)  The name of the subject tested;

 

(4)  The lab number of the sample tested;

 

(5)  The test results of any alcohol concentration test performed in accordance with Saf-C 6402.09-6402.11; and

 

(6)  The test results of any test(s) for drug content performed in accordance with Saf-C 6402.12.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18 (formerly Saf-C 6402.14)

 

          Saf-C 6402.14  Qualifications of Personnel.  Division personnel shall be certified by the department of administrative services, division of personnel for the position classification requirements of laboratory scientist, criminalist, or toxicologist.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10 ss by #12526, eff 5-11-18 (formerly Saf-C 6402.15)

 

          Saf-C 6402.15  Availability of  Sample of Sufficient Quantity for Similar Testing.

 

          (a)  A blood or urine sample taken pursuant to RSA 265-A:4 shall be held for a period of 30 days following completion of testing, pursuant to RSA 265-A:7.

 

          (b)  Pursuant to RSA 265-A:7, II, during the 30 day period referenced in (a) above, the subject or his or her counsel may request a sample of sufficient quantity to allow for similar tests to be completed in accordance with Saf-C 6402.16.

 

          (c)  For the purposes of this section and Saf-C 6402.16, a sample of “sufficient quantity to allow for similar tests to be completed”, means an amount approximately equal to or greater than the volume used by the forensic laboratory for its testing of the sample.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18 (formerly Saf-C 6402.16)

 

          Saf-C 6402.16  Release of Sample of Sufficient Quantity for Similar Testing.

 

          (a)  A sample of sufficient quantity, held in accordance with Saf-C 6402.15 shall be released to a subject in hand at the forensic laboratory during normal work hours when the following criteria are met:

 

(1)  Presenting positive proof of identification consisting of a picture with signature, such as a driver’s license; and

 

(2)  Completing the DSSP 324 “Sample Release Form”, in accordance with Saf-C 6402.17.

 

          (b) A sample of sufficient quantity, held in accordance with Saf-C 6402.15 shall be released to counsel in hand at the forensic laboratory during normal work hours when the following criteria are met:

 

(1)  Showing proof of representation of the subject which shall consist of:

 

a.  A letter on the firm’s stationary signed by counsel; or

 

b.  A copy of counsel’s appearance form filed with the court;

 

(2)  Presenting positive proof of identification consisting of a picture with signature, such as a driver’s license; and

 

(3)  Completing the DSSP 324 “Sample Release Form”, in accordance with Saf-C 6402.17.

 

          (c)  A sample of sufficient quantity held in accordance with Saf-C 6402.15 shall be released to a person designated by counsel in hand at the forensic laboratory during normal work hours when the following criteria are met:

 

(1)  Submitting a letter on the firm’s stationary signed by counsel to include:

 

a.  Counsel’s proof of representation of the subject in accordance with Saf-C 6402.16(b)(1);

 

b.  The name of the person designated by counsel to pick up a quantity of the sample; and

 

c.  A statement by counsel designating the person named in b. as an employee of the firm and authorized to pick up a quantity of the sample;

 

(2)  Presenting positive proof of identification consisting of a picture with signature, such as a driver’s license; and

 

(3)  Completing the DSSP 324 “Sample Release Form”, in accordance with Saf-C 6402.17.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

          Saf-C 6402.17  Sample Release Form.  The DSSP 324 “Sample Release Form”, shall consist of the following information:

 

          (a)  The forensic laboratory number of the sample;

 

          (b) The department case number;

 

          (c)  The name of the person to whom the sample belongs;

 

          (d)  Identification of the person receiving the sample as either:

 

(1)  The subject;

 

(2)  Counsel; or

 

(3)  The person designated by counsel;

 

          (e)  The name and signature of the person receiving a quantity of the sample;

 

          (f)  The type of personal identification used;

 

          (g)  The date and time of release of a quantity of the sample to the person identified in accordance with Saf-C 6402.16; and

 

          (h)  The name and title of the forensic laboratory employee releasing a quantity of the sample.

 

Source.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

PART Saf-C 6403  LABORATORY ACCREDITATION

 

          Saf-C 6403.01  Laboratory Accreditation, Independent Analysis.  Any independent laboratory that performs a test of a blood or urine sample to determine its alcohol concentration or drug content pursuant to RSA 265-A:7, shall be accredited by any nationally recognized accrediting body pursuant to RSA 265-A:5, V.

 

Source.  #8454, INTERIM, eff 11-1-05, EXPIRED: 4-30-06 (See Revision Note at Chapter Heading for Saf-C 6400)

 

New.  #8620, eff 5-1-06; ss by #9684, eff 3-23-10; ss by #12526, eff 5-11-18

 

APPENDIX

 

Rule

Specific State or Federal Statutes or Regulations which the Rule Implements

 

 

Saf-C 6401

RSA 541-A:1, XV

Saf-C 6402

RSA 265-A:5

Saf-C 6403

RSA 265-A:5, II; RSA 265-A:5, V(e)