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Current textSource: eCFR

§ 40.87 What validity tests must laboratories conduct on primary urine specimens?

Current wording, effective June 1, 2023.

eCFR (current) ↗
What changedOct. 1, 2010 wording → June 1, 2023 wording (current)+175 added−352 removedHide

(a) As a laboratory, when you mustconduct usevalidity thetesting cutoffunder concentrations§ displayed in the following table for initial and confirmatory drug tests40.86, Allyou cutoffmust concentrationsconduct areit expressed in nanogramsaccordance perwith milliliterthe (ng/mL).requirements Theof tablethis follows:section.
Initial(a) testYou analyte Initialmust testdetermine cutoffthe concentration Confirmatorycreatinine test analyte Confirmatory test cutoff concentration
Marijuana
metabolites 50on ng/mL THCAeach 1
15
primary ng/mLspecimen.
Cocaine
metabolites 150You ng/mL Benzoylecgonine 100must ng/mL.
Opiate
also metabolites
Codeine/Morphine2
2000
determine ng/mL Codeine 2000its ng/mL.
Morphine 2000
specific ng/mL.
6-Acetylmorphine 10
gravity ng/mL 6-Acetylmorphine 10if ng/mL.
Phencyclidine 25
you ng/mL Phencyclidine 25find ng/mL.
Amphetamines3
AMP/MAMP
the 4
500
creatinine ng/mL Amphetamine 250concentration ng/mL.
Methamphetamine5
250
to ng/mL.
MDMA
be 6
500
less ng/mL MDMA 250than ng/mL.
MDA7
250
20 ngmg/mLdL.
MDEA8
250 ng/mL
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid
(THCAb).
2
MorphineYou ismust determine the targetpH analyteof foreach codeine/morphineprimary testingspecimen.
3(c) EitherYou amust singleperform initialone test kit or multiplemore initialvalidity testtests kitsfor mayoxidizing beadulterants usedon provided the single test kit detects each targetprimary analyte independently at the specified cutoffspecimen.
4(d) MethamphetamineYou ismust theperform targetadditional analytevalidity fortests amphetamine/methamphetamineon testing.
5
the Toprimary be reported positive for methamphetamine, a specimen mustwhen alsothe containfollowing amphetamineconditions atare a concentration equal to or greater than 100 ng/mL.observed:
6 Methylenedioxymethamphetamine (MDMA1).
7
MethylenedioxyamphetamineAbnormal (MDA).
8
physical Methylenedioxyethylamphetamine (MDEA).characteristics;
(b2) OnReactions anor initialresponses drugcharacteristic test,of youan mustadulterant reportobtained aduring resultinitial belowor theconfirmatory cutoffdrug concentrationtests as negative(e.g., Ifnon-recovery theof resultinternal is at or above the cutoff concentrationstandards, youunusual must conduct a confirmation test.
(c
response); On a confirmation drug test, you must report a result below the cutoff concentration as negative and a result at or above the cutoff concentration as confirmed positive.
(d3) YouPossible mustunidentified reportinterfering quantitativesubstance values for morphine or codeine at 15,000 ng/mL or aboveadulterant.
(e) OnIf ayou 6-AMdetermine confirmedthat positivethe result:
(1)
specimen When a 6-AM confirmed positive result is reportedinvalid and morphineHHS forguidelines thatdirect specimenyou isto notcontact reported at or above the 2000 per ng/mL confirmed positive cutoffMRO, you must confercontact with the MRO to determine if there was confirmed morphine below 2000 ng/mL.
(2) If morphine was not confirmed below 2000 ng/mL, you
and thetogether MROdecide mustif determine whether further testing is needed to quantify the amountprimary ofspecimen morphineby concentrationanother present.
(3)
HHS Ifcertified youlaboratory findwould nobe detectableuseful morphinein atbeing LODable uponto further testing, you must report thata factpositive toor ODAPCadulterated immediatelytest result.
[65 FR 79526, Dec. 19, 2000, as amended at 7569 FR 4986264867, AugNov. 169, 20102004. Redesignated and amended at 88 FR 27643, May 2, 2023]

As a laboratory, when you conduct validity testing under § 40.86, you must conduct it in accordance with the requirements of this section.

(a) You must determine the creatinine concentration on each primary specimen. You must also determine its specific gravity if you find the creatinine concentration to be less than 20 mg/dL.

(b) You must determine the pH of each primary specimen.

(c) You must perform one or more validity tests for oxidizing adulterants on each primary specimen.

(d) You must perform additional validity tests on the primary specimen when the following conditions are observed:

(1) Abnormal physical characteristics;

(2) Reactions or responses characteristic of an adulterant obtained during initial or confirmatory drug tests (e.g., non-recovery of internal standards, unusual response); or

(3) Possible unidentified interfering substance or adulterant.

(e) If you determine that the specimen is invalid and HHS guidelines direct you to contact the MRO, you must contact the MRO and together decide if testing the primary specimen by another HHS certified laboratory would be useful in being able to report a positive or adulterated test result.

[65 FR 79526, Dec. 19, 2000, as amended at 69 FR 64867, Nov. 9, 2004. Redesignated and amended at 88 FR 27643, May 2, 2023]

Amendment history

7 distinct wordings on file since Oct. 1, 2001
  1. [65 FR 79526, Dec. 19, 2000, as amended at 69 FR 64867, Nov. 9, 2004. Redesignated and amended at 88 FR 27643, May 2, 2023]
  2. [65 FR 79526, Dec. 19, 2000, as amended at 75 FR 49862, Aug. 16, 2010; 77 FR 26473, May 4, 2012; 82 FR 52244, Nov. 13, 2017]
  3. [65 FR 79526, Dec. 19, 2000, as amended at 75 FR 49862, Aug. 16, 2010; 77 FR 26473, May 4, 2012; 82 FR 52244, Nov. 13, 2017]
  4. [65 FR 79526, Dec. 19, 2000, as amended at 75 FR 49862, Aug. 16, 2010; 77 FR 26473, May 4, 2012]
  5. [65 FR 79526, Dec. 19, 2000, as amended at 75 FR 49862, Aug. 16, 2010; 77 FR 26473, May 4, 2012]
  6. [65 FR 79526, Dec. 19, 2000, as amended at 75 FR 49862, Aug. 16, 2010]
  7. Oct. 1, 2001 → Oct. 1, 2010annual editions 2001–2009

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.