§ 1–620.23. Testing methodology.

(a) Testing shall be performed by an outside contractor. The contractor shall be certified by the United States Department of Health and Human Services (“HHS”) to perform job related drug and alcohol forensic testing.

(b)(1) For random testing, the contractor shall come on-site to Department of Mental Health or Department of Human Services institutions.

(2) The contractor shall collect urine specimens and split the samples.

(c) The contractor shall perform enzyme-multiplied-immunoassay technique (“EMIT”) testing on one sample and store the other sample. Any positive EMIT test shall be confirmed by the contractor using gas chromatography/mass spectrometry (“GCMS”) methodology.

(d) Any Department of Mental Health or Department of Human Services employee found to have a confirmed positive urinalysis shall be notified of the result. The employee may then authorize the stored sample to be sent to another HHS certified laboratory of his or her choice, at his or her expense, for secondary GCMS confirmation.

(e) Probable cause and post-accident testing shall follow the same procedures set forth in subsections (a) through (d) of this section. In such cases, the employee shall be escorted by a supervisor to the contractor’s test site for specimen collection or breathalyzer.

(f) A breathalyzer shall be deemed positive by the Department of Mental Health’s or Department of Human Services’ testing contractor if the contractor determines that 1 milliliter of the employee’s breath (consisting of substantially alveolar air) contains .38 micrograms or more of alcohol.

(Mar. 3, 1979, D.C. Law 2-139, § 2023; as added Apr. 13, 1999, D.C. Law 12-227, § 2, 46 DCR 502; Dec. 18, 2001, D.C. Law 14-56, § 116(a)(5), 48 DCR 7674.)

Prior Codifications

1981 Ed., § 1-621.63.

Effect of Amendments

D.C. Law 14-56, in subsecs. (b)(1) and (d), substituted “Department of Mental Health or Department of Human Services” for “Department or Commission” wherever it appeared; and, in subsec. (g), substituted “Department of Mental Health’s and Department of Human Services”’ for “Department’s and Commission’s” wherever it appeared.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-620.21.

For temporary (90 day) amendment of section, see § 16(a)(5) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(a)(5) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(a)(5) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

Temporary Legislation

For temporary (225 day) amendment of section, see § 16(a)(5) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).

Editor's Notes

Temporary addition of subchapter: See Historical and Statutory Notes following § 1-620.21.