Sec. 10.10.10.03. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Agent of the employer" means a person other than the employer or a licensed medical laboratory that employs individuals who perform preliminary screening of job applicants for controlled dangerous substances on behalf of the employer.

(2) "Chain-of-custody" means a method of tracking an individual's specimen for the purpose of maintaining control and accountability from initial collection through each stage in handling, testing, storing, reporting test results, and final specimen disposition.

(3) Confirmation Test.

(a) "Confirmation test" means an analytical procedure performed after a preliminary or screening test and intended to verify or positively identify the presence of a controlled dangerous substance in a specimen.

(b) "Confirmation test" is limited to an analytical procedure that employs a combination of gas chromatography and mass spectrometry (GC/MS or GC/MS/MS) or mass spectrometry and mass spectrometry (MS/MS).

(4) Controlled Dangerous Substance.

(a) "Controlled dangerous substance" means a drug, substance, or immediate precursor as set forth in Schedules I-V, Criminal Law Article, Title 5, Subtitle 4, Annotated Code of Maryland.

(b) "Controlled dangerous substance" includes new substances controlled under federal law as provided in Criminal Law Article, §5-202, Annotated Code of Maryland.

(5) Employee.

(a) "Employee" means an individual who performs work for an employer.

(b) "Employee" includes a salaried, contractual, full-time, part-time, temporary, hourly, and on-call employee or a volunteer.

(6) "Employer" means a person who employs an individual to perform work.

(7) "Forensic testing" means testing performed for a nonclinical purpose and under procedures that produce test results that meet rules of evidence required in a court of law.

(8) "Immediate precursor" means a substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland.

(9) "Independent test" means a test performed at the request and expense of a job applicant, employee, or contractor to verify a test result obtained on the same specimen.

(10) "Job applicant" means an individual who has applied for a position with an employer but is not currently employed by the employer.

(11) "Job-related testing" means any alcohol or controlled dangerous substances testing used by an employer for a lawful business purpose.

(12) Laboratory.

(a) "Laboratory" means a facility, entity, or site that performs job-related alcohol or controlled dangerous substances testing.

(b) "Laboratory" does not include a collection site or other site where an employer or agent of the employer performs preliminary screening of job applicants for a controlled dangerous substance using a single-use test device for forensic testing.

(13) "Letter of registration" means the authority in the form of a letter issued by the Secretary granting permission to an employer to perform preliminary screening of job applicants for a controlled dangerous substance.

(14) "License" means the authority in the form of a permit issued by the Secretary granting permission for a laboratory to perform job-related alcohol or controlled dangerous substances testing.

(15) "Medical review officer" means a licensed physician with knowledge of drug abuse disorders and drug and alcohol testing who is either employed or under contract to an employer that performs preliminary screening of job applicants for a controlled dangerous substance.

(16) "Non-negative test result" means the result of a preliminary screening for a controlled dangerous substance that is not negative but that has not been confirmed by a licensed laboratory.

(17) "Office of Health Care Quality (OHCQ)" means the Office of Health Care Quality of the Maryland Department of Health.

(18) "Operator" means an individual employed by the employer or agent of the employer who performs a preliminary screening procedure as defined in §B(19) of this regulation.

(19) "Preliminary screening procedure" means a controlled dangerous substance test:

(a) Using a single-use test device for forensic testing; and

(b) Performed by an employer or agent of the employer on a job applicant.

(20) "Secretary" means the Secretary of Health or the Secretary's designee.

(21) "Single-use test device for forensic testing" means the reagent-containing unit of a test system that:

(a) Is in the form of a sealed container or cartridge possessing a validity check;

(b) Possesses a nonresealable closure or an evidentiary tape to ensure detection of tampering;

(c) Is self-contained and individually packaged;

(d) Is discarded after each test; and

(e) Does not allow any test component or constituent of a test system to interact from test to test.

(22) Specimen.

(a) "Specimen" means material derived from the human body and intended for laboratory testing.

(b) "Specimen" is limited to blood, urine, saliva, and hair.