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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 changedMay 2, 2023 wording → June 1, 2023 wording (current)+169 added−419 removedHide

LinkAs toa anlaboratory, amendmentwhen publishedyou atconduct 88validity FRtesting 27643,under May§ 2, 202340.
(a) As a laboratory
86, you must useconduct theit cutoffin concentrationsaccordance displayedwith in the followingrequirements tableof forthis initial and confirmatory drug testssection. All cutoff concentrations are expressed in nanograms per milliliter
(ng/mLa). TheYou tablemust follows:
Initial
determine testthe analyte
Initial
creatinine test cutoff
1
Confirmatory test analyte
Confirmatory test cutoff
concentration
Marijuana
metaboliteson (THCA)
2 50
each ng/mL
3 THCA 15
primary ng/mLspecimen.
Cocaine
metaboliteYou (Benzoylecgonine) 150must ng/mL
3 Benzoylecgonine 100
also ng/mL.
Codeine/
Morphine 2000
determine ng/mL Codeine
Morphine 2000
its ng/mL.
2000
specific ng/mL.
Hydrocodone/
Hydromorphone 300
gravity ng/mL Hydrocodone
Hydromorphone 100
if ng/mL.
100
you ng/mL.
Oxycodone/
Oxymorphone 100
find ng/mL Oxycodone
Oxymorphone 100
the ng/mL.
100
creatinine ng/mL.
6-Acetylmorphine 10
concentration ng/mL 6-Acetylmorphine 10to ng/mL.
Phencyclidine 25
be ng/mL Phencyclidine 25less ng/mL.
Amphetamine/
Methamphetamine 500
than ng/mL Amphetamine
Methamphetamine 250
20 ngmg/mLdL.
250 ng/mL.
MDMA
4/MDA
5 500 ng/mL MDMA
MDA 250 ng/mL.
250 ng/mL.
1 For grouped analytes
(i.e., two or more analytes that are in the same drug class and have the same initial test cutoffb):
Immunoassay:
TheYou test must bedetermine calibrated with one analyte from the grouppH identified as the target analyte. The cross-reactivity of theeach immunoassayprimary to the other analytespecimen.
(sc) withinYou the group must beperform 80one percent or greater;more ifvalidity not,tests separate immunoassays must be used for theoxidizing analytesadulterants withinon theeach groupprimary specimen.
Alternate(d) technology:You Either one analyte or all analytes from the group must beperform usedadditional forvalidity calibration,tests depending on the technology.primary Atspecimen leastwhen one analyte within the groupfollowing mustconditions haveare a concentration equal to or greater than the initial test cutoff or, alternatively, the sum of the analytes present observed:
(i.e., equal to or greater than the laboratory's validated limit of quantification1) mustAbnormal bephysical equal to or greater than the initial test cutoff.characteristics;
2 An immunoassay must be calibrated with the target analyte, Δ-9-tetrahydrocannabinol-9-carboxylic acid (THCA2).
3
AlternateReactions technologyor (THCAresponses andcharacteristic Benzoylecgonine):of When using an alternateadulterant technologyobtained initialduring test for the specific target analytes of THCA and Benzoylecgonine, the laboratory must use the same cutoff for the initial andor confirmatory drug tests (i.e.g., 15non-recovery ng/mLof forinternal THCAstandards, andunusual 100ng/mL for Benzoylecgonineresponse).
4
; Methylenedioxymethamphetamine or
(MDMA3).
5
MethylenedioxyamphetaminePossible (MDA)unidentified interfering substance or adulterant.
(be) OnIf an initial drug test, you mustdetermine reportthat a result below the cutoffspecimen concentration as negative. If the result is atinvalid orand aboveHHS theguidelines cutoffdirect concentration, you mustto conductcontact athe confirmation test.
(c) On a confirmation drug test
MRO, you must reportcontact a result below the cutoffMRO concentration as negative and atogether resultdecide atif ortesting above the cutoffprimary concentrationspecimen asby confirmedanother positive.
(d)
HHS Youcertified mustlaboratory reportwould quantitativebe valuesuseful forin morphinebeing orable codeineto atreport 15,000a ng/mLpositive or aboveadulterated test result.
[65 FR 79526, Dec. 19, 2000, as amended at 7569 FR 4986264867, AugNov. 169, 2010;2004. 77Redesignated FRand 26473,amended Mayat 4,88 2012; 82 FR 5224427643, Nov.May 132, 20172023]

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.