The following Appendix was filed with a Notice of Proposed Rule Making pertaining to Contraband Drugs, I.D. CCS-28-13-00013-P published in this issue of the State Register.

Amend subdivision (c) of section 1010.4 of 7 NYCRR, as follows:

(c) If the substance is not to be identified immediately, it shall be stored/secured in secure evidence drop box or the secure evidence locker in accordance with Directive #4910A, “Contraband/Evidence – Handling, Storage, and Disposition.”

Amend subdivision (e) of section 1010.4 of 7 NYCRR, as follows:

(e) If the substance has not been conclusively identified at the facility pharmacy, it shall be tested by the use of the narcotics identification kit (NIK®) manufactured by Public Safety, Inc. Always begin Polytesting with Test A and continue from test to test until a positive or negative result is obtained. Tests E, L, M, N, P, Q and R, and Bath Salts Test are exceptions to this rule and are designed as stand alone tests (see section 1010.8(b) of this Part).

Amend section 1010.7 of 7 NYCRR, as follows:

A positive test for suspected contraband drugs must be reported as an Unusual Incident in accordance with Directive #4004, “Unusual Incident Report,” when any one of the following conditions apply:

- A positive test result for cocaine, heroin, or marijuana, even if no perpetrator is identified.

- Any positive test result in which an inmate has been identified as a perpetrator of the incident.

- Any positive test result which results in the arrest of any individual, i.e., visitor, volunteer, contractor, employee, etc., by the department's Inspector General's office or any outside police agency.

Amend subdivision (a) of section 1010.8 of 7 NYCRR, by replacing Form #2080 with the current version as follows:

Amend subdivision (b) of section 1010.8 of 7 NYCRR, by replacing Form #2081 with the current version as follows:

Amend subdivision (c) of section 1010.8 of 7 NYCRR, by the last sentence as follows: