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§ 8203. Testing Program Definitions.

15 CA ADC § 8203Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 8. California Prison Industry Authority
Chapter 1. Rules and Regulations of California Prison Industry Authority
Article 6.1. Personnel Substance Abuse Testing
15 CCR § 8203
§ 8203. Testing Program Definitions.
“Abuse of drugs or substances” means: (a) the use of an illegal drug; (b) the intentional misuse of an over-the-counter drug; (c) the intentional use of any prescription drug or other substance in a manner inconsistent with its medically prescribed intended use, or under circumstances where its use is not permitted; or (d) the use of drugs or substances if it impairs job performance of the employee or could impair the job performance of an applicant for employment.
“Adulterated specimen” A specimen that has been altered as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or methyl and isopropyl alcohol normally found in liquor, beer, wine and mixed alcoholic drinks.
“Alcohol concentration” means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
“Alcohol screening device” (ASD) means a breath or saliva device, other than an evidential breath testing device (EBT) that is approved by the National Highway Traffic Safety Administration (NHTSA) and placed on a conforming products list (CPL) for such devices.
“Cancelled test” A cancelled test exists when a specimen has been reported to the MRO as an invalid test result when a split specimen (Bottle B) fails to reconfirm (Bottle A).
“Chain of custody” means procedures used to account for the integrity of each urine specimen by proper labeling in the presence of the employee according to medical standards for specimen collection and tracking its handling and storage from point of specimen collection to final disposition of the specimen.
“Confirmatory validity test” means a second test performed on a different aliquot of the original urine specimen to further support a validity test result.
“Controlled substance” or “drug” means any substance, narcotic, opiate, hallucinogen, depressant or stimulant as defined by Health and Safety Code section 11007, prescribed medications containing any of the substances identified in Health and Safety Code section 11007, and substances identified in the California Uniform Controlled Substances Act, Health and Safety Code sections 11000-11651 and in 49 CFR Section 40.85.
“Controlled medication” means any drug which is prescribed by a licensed medical professional authorized to prescribe medication given to a patient in controlled doses.
“Dilute specimen” is a urine specimen with creatinine and specific gravity values below or human urine.
“Excused test” means when an employee who is selected for a substance test is not available and has provided written notification to that employee's supervisor that the employee is not available.
Intoxicant” is a substance which when taken into a body by one mean or another produces a condition of diminished mental and physical ability, hyper-excitability, or stupefaction.
“Illegal drug” means any controlled substance classified as Schedule I, II, III, IV and V in the Health and Safety Code sections 11554 through 11558 that has not been specifically prescribed by a medically licensed professional authorized to prescribe medication.
“Initial validity test” means the first test used to determine if a urine specimen is adulterated, diluted or substituted.
“Invalid result” is a test result for a urine specimen containing an unidentified adulterant or interfering substance, or has an abnormal characteristics preventing test completion.
“Medical Review Officer” (MRO) is a licensed physician designated by the General Manager or designee responsible for reviewing and evaluating test results.
“MRO Confidential Medication Disclosure Sheet and Envelope (Disclosure Sheet)” This is a sheet or form available to employees for disclosure with a pre-addressed envelope to the MRO to be opened in the event of a positive test. Such disclosure may be provided in writing by the employee to disclose information about factors other than illegal drug use that could cause a positive test result.
“Reasonable suspicion” is the good faith belief based upon specific articulable facts (e.g., slurred speech, swaying, emitting odor, unusual behavior, falling asleep at worksite, bloodshot eyes, etc.) that an employee may be under the influence of drugs, alcohol, or substances to an extent that would impede an employee's ability to perform duties safely and effectively.
“Retest (Bottle B)” This is a second bottle, with at least fifteen (15) milliliters of the same urine as tested in bottle A, that is retested upon a positive test result from bottle A.
“Split sample is the use of two bottles for the urine specimen from employee that is collected in a collection container, and then the collection site personnel, in the presence of the employee, will pour the specimen into two (2) bottles, resulting in a split samples labeled Bottle A and Bottle B.
“Substance Abuse and Mental Health Services Administration” The Substance Abuse and Mental Health Services Administration (SAMHSA) is a federal agency with guidelines which are scientific and technical guidelines for workplace drug-testing programs.
“Test” is a procedure used to detect the presence of drugs, alcohol and impairing substances.
“Under the influence” means an employee's behavior, judgment, coordination, or physical or mental ability appears to be unsafe or the employee appears unfit for duty or an employee's blood or urine had a detectable amount of drugs, alcohol or any other impairing substance.
“Verification Interview” Confidential telephone or in-person contact made by the MRO to the employee in the event of a positive test result to determine whether there is a legitimate medical or other explanation for that result, with a simultaneous confidential written communication by U.S. Mail, and if possible, confidential email communication to the employee.

Credits

Note: Authority cited: Sections 2801 and 2809, Penal Code; and Sections 11349(e) and 19572, Government Code. Reference: Sections 2801 and 2809, Penal Code.
History
1. New section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 8203, 15 CA ADC § 8203
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