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Current textSource: eCFR

§ 40.177 What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?

Current wording, effective June 1, 2023.

eCFR (current) ↗
What changedOct. 1, 2008 wording → June 1, 2023 wording (current)+22 added−4 removedHide

(a) As the laboratory testing the split specimen, you must test the split specimen for the drug(s)/drug metabolite(s) detectedconfirmed in the primary specimen.
(b) You must conduct this test without regard to the cutoff concentrations of § 40.8785 or § 40.91, as applicable.
(c) If the test fails to reconfirm the presence of the drug(s)/drug metabolite(s) that were reported positive in the primary specimen, you must conduct validity tests in an attempt to determine the reason for being unable to reconfirm the presence of the drug(s)/metabolite(s). You should conduct the same validity tests as you would conduct on a primary specimen set forth in § 40.9187 or § 40.93, as applicable.
(d) In addition, if the test fails to reconfirm the presence of the drug(s)/ drug metabolite(s) reported in the primary specimen, you may send the specimen or an aliquot of it for testing at another HHS-certified laboratory that has the capability to conduct another reconfirmation test.
[65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35972, June 25, 2008; 88 FR 27646, May 2, 2023]

49 CFR § 40.177 — What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?. Text current through October 22, 2026. This wording effective June 1, 2023 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-40.177. Retrieved from FMCSR.com, https://fmcsr.com/reg/40.177, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) As the laboratory testing the split specimen, you must test the split specimen for the drug(s)/drug metabolite(s) confirmed in the primary specimen.

(b) You must conduct this test without regard to the cutoff concentrations of § 40.85 or § 40.91, as applicable.

(c) If the test fails to reconfirm the presence of the drug(s)/drug metabolite(s) that were reported in the primary specimen, you must conduct validity tests in an attempt to determine the reason for being unable to reconfirm the presence of the drug(s)/metabolite(s). You should conduct the same validity tests as you would conduct on a primary specimen set forth in § 40.87 or § 40.93, as applicable.

(d) In addition, if the test fails to reconfirm the presence of the drug(s)/ drug metabolite(s) reported in the primary specimen, you may send the specimen or an aliquot of it for testing at another HHS-certified laboratory that has the capability to conduct another reconfirmation test.

[65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35972, June 25, 2008; 88 FR 27646, May 2, 2023]

Amendment history

4 distinct wordings on file since Oct. 1, 2001
  1. June 1, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35972, June 25, 2008; 88 FR 27646, May 2, 2023]
  2. May 2, 2023 → June 1, 2023eCFR, day-precisediff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35972, June 25, 2008]
  3. Oct. 1, 2008 → May 2, 2023annual editions 2008–2016diff vs. previous
    [65 FR 79526, Dec. 19, 2000, as amended at 73 FR 35972, June 25, 2008]
  4. Oct. 1, 2001 → Oct. 1, 2008annual editions 2001–2007

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.