Section 6190.1 Definitions.

(a) When used in this Part:

(1) The term forensic laboratory shall have the same meaning as set forth in Executive Law (EL) section 995(l) and shall include a forensic DNA laboratory which shall have the same meaning as set forth in EL section 995(2).

(2) The term forensic DNA testing shall have the same meaning as set forth in EL section 995(2).

(3) The term DNA means deoxyribonucleic acid.

(4) The term DNA Subcommittee refers to the subcommittee on forensic DNA laboratories and forensic DNA testing established pursuant to EL section 995-b(l3).

(5) The term Commission refers to the Commission on Forensic Science established pursuant to EL section 995-a.

(6) The term Division refers to the NYS Division of Criminal Justice Services.

(7) The term [ASCLD/LAB] ANAB refers to [the American Society of Crime Laboratory Directors/Laboratory Accreditation Board] ANSI National Accreditation Board Current [ASCLD/LAB] ANAB accreditation requirements are contained in the I SO/IEC [17025-2005] 17025:2017 “General Requirements for the competence [and testing of] of testing and calibration laboratories,” which can be obtained from ISO at www.iso.org or from the American National Standards Institute (ANSI) at www.ansi.org, and the [2011 ASCLD/LAB International Supplemental Requirements] ISO/IEC 17025:2017 Forensic Testing and Calibration Laboratories Accreditation Requirements, which may be obtained from [ASCLD/LAB at www.ascld-lab.org] ANAB at www.anab.org. These requirements may also be viewed at the Division of Criminal Justice Services, 80 South Swan Street, Albany, NY 12210

(8) The phrase Quality Assurance Standards for Forensic DNA Testing Laboratories and Quality Assurance Standards for DNA Databasing Laboratories refers to standards issued by the Federal Bureau of Investigation, which took effect September 1, 2011. These standards may be obtained from [ASCLD/LAB at www.ascld-lab.org] ANAB at www.anab.org and the Federal Bureau of Investigation at www.fbi.gov. These standards may also be viewed at the Division of Criminal Justice Services, 80 South Swan Street, Albany, NY 12210.

(9) The term laboratory director refers to the director of the forensic laboratory.

(10) The term ABFT refers to the American Board of Forensic Toxicology, Inc. The current ABFT laboratory accreditation program is found in the 2013 Forensic Toxicology Laboratory Accreditation Program Checklist, which may be obtained from ABFT at www.abft.org. This program may also be viewed at the Division of Criminal Justice Services, 80 South Street, Albany, NY 12210.

(11) The terms disciplines or categories of testing refer to the type of forensic examination being conducted by the forensic laboratory.

(12) The term scope of accreditation refers to the disciplines or categories of testing for which the forensic laboratory has been granted accreditation. Note: ASCLD/LAB offers accreditation in disciplines and categories of testing and calibration. ABFT offers accreditation only in the discipline of forensic toxicology.

(13) The term mock cases means simulated cases instead of actual or real cases.

2. Section 6190.3 of 9 NYCRR is amended to read as follows:

6190.3 NYS accreditation standards.

(a) The commission has determined that all forensic laboratories must meet the following standards to receive NYS accreditation in disciplines other than forensic DNA testing: (1) the laboratory must be accredited by [ASCLD/LAB] ANAB; or (2) if the laboratory is performing only toxicology analysis, it must be accredited by either [ASCLD/LAB] ANAB or ABFT.

(b) The commission has further determined, upon the binding recommendation of the DNA subcommittee, that any forensic laboratory performing forensic DNA testing must be accredited by [ASCLD/LAB] ANAB to include forensic DNA testing, and must comply with all conditions of the FBI's Quality Assurance Standards.

(c) Once a forensic laboratory has been accredited by [ASCLD/LAB] ANAB or ABFT using mock cases, the commission may receive and review the results of the mock cases.

3. Subdivision (a) of Section 6190.4 of 9 NYCRR is amended to read as follows:

6190.4 NYS accreditation procedures.

(a) A forensic laboratory seeking NYS accreditation must apply to the division in a form prescribed by the division. A forensic laboratory seeking accreditation shall provide the following supporting documentation, access thereto or authorization for [ASCLD/LAB] ANAB or ABFT, as appropriate, to release:

(1) documentation of accreditation by [ASCLD/LAB] ANAB or ABFT, if obtained;

(2) all documentation submitted to [ASCLD/LAB] ANAB or ABFT, as part of such accreditation application process, the continuing compliance requirements, if any, and any other related matters; and

(3) all documentation received by the laboratory from [ASCLD/LAB] ANAB or ABFT, which may include, but not be limited to any of the following, if appropriate: information pertaining to the application process; the accreditation inspection; the summation conference; the final inspection report; and disciplinary actions or proceedings.

4. Subdivision (a) of Section 6190.5 of 9 NYCRR is amended to read as follows:

(a) A forensic laboratory that is accredited will retain its NYS accreditation for the same period as its [ASCLD/LAB] ANAB or ABFT accreditation, unless such NYS accreditation is revoked pursuant to section 6190.6 of this Part. To retain NYS accredited status, such laboratory shall continue to meet the standards under which it was accredited and shall participate in any proficiency testing mandated by the commission or, with respect to forensic DNA laboratories, the DNA subcommittee. Such laboratory must submit to the division a copy of any documentation submitted to [ASCLD/LAB] ANAB or ABFT or received from it as part of the continuing compliance requirements, including any notification of disciplinary action taken by [ASCLD/LAB] ANAB or ABFT against such laboratory. Such documentation shall be reviewed by the commission, or with respect to forensic DNA laboratories, the DNA subcommittee, and appropriate action may be taken against such laboratory, if necessary.

5. Subdivisions (a) and (e) of Section 6190.6 of 9 NYCRR is amended to read as follows:

(a) In accordance with Executive Law, section 995-b(3) (e), the commission (and with respect to forensic DNA laboratories, upon the binding recommendation of the DNA subcommittee to the commission) may revoke, suspend or otherwise limit the NYS accreditation of a forensic laboratory, if the commission, or where appropriate, the DNA subcommittee determines that a forensic laboratory or one or more persons in its employ:

(1) is guilty of misrepresentation in obtaining a forensic laboratory NYS accreditation;

(2) rendered a report on laboratory work actually performed in another forensic laboratory without disclosing the fact that the examination or procedure was performed by such other forensic laboratory;

(3) showed unacceptable error or errors in the performance of forensic laboratory examination procedures;

(4) failed to file any report required to be submitted pursuant to EL article 49-B or violated in a material respect any provision of that article;

(5) violated in a material respect any provision of this Part, including the continuing compliance requirements of [ASCLD/LAB] ANAB or ABFT;

(6) failed to participate in or to meet the standards of any proficiency test required by the DNA subcommittee and/or the commission; or

(7) failed to notify the division, in writing, of any significant change in the management or management structure of such laboratory within the time period provided for in subdivision (b) of section 6190.5 of this Part. A forensic laboratory found to be in violation of this paragraph shall be subject to a warning for the first violation.

(e) The outcome of any disciplinary proceeding conducted by [ASCLD/LAB] ANAB or ABFT with respect to [ASCLD/LAB] ANAB or ABFT accreditation shall not bind the DNA subcommittee or commission with respect to the imposition of sanctions as set forth in this Part.

This proposal revises the name of the current accrediting lab from ASCLD/LAB (American Society of Crime Laboratory Directors/Laboratory Accreditation Board) to ANAB (ANSI National Accreditation Board). ANAB has signed an affiliation agreement with ASCLD/LAB, merging ASCLD/LAB into ANAB.

This proposal revises the name of the current accrediting lab from ASCLD/LAB (American Society of Crime Laboratory Directors/Laboratory Accreditation Board), to ANAB (ANSI National Accreditation Board). ANAB has signed an affiliation agreement with ASCLD/LAB, merging ASCLD/LAB into ANAB. Under the merger, all former employees of ASCLD/LAB will be retained and they will continue to work at the former ASCLD/LAB’s offices in North Carolina. As such, it is apparent from the nature and purpose of the proposal that it will have no impact on jobs and employment opportunities.