§ 40.93 What validity tests must laboratories conduct on primary oral fluid specimens?
Current wording, effective June 1, 2023.
(a)As Anyone meeting the requirements of this part to be a BAT may act as a screening test technician (STT)laboratory, provided that the individual has demonstrated proficiency in the operation of the non-evidential screening device he or she is using.if
(b) Any other individual may act as an STT heyou orconduct shevalidity successfullytesting completesunder a§ course of instruction concerning the procedures required by this part for conducting alcohol screening tests40. Only the Department of Transportation model course92, oryou amust courseconduct ofit instructionin determinedaccordance bywith the Departmentrequirements of Transportation's Office of Drug Enforcement and Program Compliance to be equivalent to it, may be used for this purposesection.
(ca) WithYou respectmay totest anyfor non-evidentiala screeningbiomarker devicesuch involving changes, contrasts, or other readings that are indicated on the device in terms of color, STTs shall, in order to be regarded as proficient,albumin be able to discern correctly these changes, contrasts or readings.immunoglobulin
(d)TheG STT shall receive additional training, as needed, to ensure proficiency, concerning new or additional devices or changes in technology that he or she will use.(eIgG) The employer or itsa agent shall document the training and proficiency of each STT it uses to test employeesfor anda maintainspecific the documentation as provided in § 40adulterant.83.
(f) The provisions of § 40.51(b) andYou (c);must §follow 40.57;the §applicable 40.59;HHS §requirements 40.61;for §any 40.63additional (e)(1)-(2),validity (f), (g), and (h); § 40testing.69;
[88 andFR § 40.81; and other provisions27643, asMay applicable2, of this part apply to STTs as well as to BATs.2023]
As a laboratory, if you conduct validity testing under § 40.92, you must conduct it in accordance with the requirements of this section.
(a) You may test for a biomarker such as albumin or immunoglobulin G (IgG) or a test for a specific adulterant.
(b) You must follow the applicable HHS requirements for any additional validity testing.
[88 FR 27643, May 2, 2023]
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [88 FR 27643, May 2, 2023]
- [69 FR 64867, Nov. 9, 2004]
- [69 FR 64867, Nov. 9, 2004]
- Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
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.