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DEPARTMENT OF CORRECTIONS

 

DIVISION 42

DRUG URINALYSIS TESTING

291-042-0005

Authority, Purpose and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish methods and criteria by which substance of abuse urinalysis testing will be governed within the Department of Corrections Facilities.

(3) Policy: It is the policy of the Department of Corrections to:

(a) Eliminate the presence and use of illegal drugs and substances of abuse in its facilities (zero tolerance) and to monitor compliance with laws through the use of substance of abuse urinalysis testing that is accurate and reliable; and

(b) Establish criteria for substance of abuse urinalysis testing of inmates incarcerated in Department of Corrections facilities.

(A) The Department has a responsibility to protect the public, to provide a safe environment for staff and inmates, and to enforce the rules governing inmate prohibited conduct. Substance abuse presents a threat to the safety of all staff and inmates. Substance of abuse testing of inmates through selection and for cause testing criteria, combined with appropriate graduated sanctions, is an effective means of suppressing substance abuse, substance trafficking and related violations which are prohibited within Department of Corrections facilities in accordance with the rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

(B) These measures are implemented to reduce institution violence, and to the extent feasible, ensure that inmates released from prison are substance abuse free. The testing process further identifies inmates who have continued to have a substance abuse problem while incarcerated, and who could be monitored more closely while on supervision. Substance of abuse testing also provides a mechanism to identify those inmates with substance abuse problems for more frequent testing.

(C) The Department shall use the same gender staff to administer the collection of urine samples.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 1-1986(Temp), f. & ef. 1-16-86; CD 5-1986, f. & ef. 3-14-86; CD 18-1990, f. & cert. ef. 9-21-90; CD 31-1993, f. 12-16-93, cert. ef. 1-3-94; CD 9-1997(Temp), f. & cert. ef. 6-13-97; CD 28-1997, f. & cert. ef. 12-5-97; DOC 24-2000, f. & cert. ef. 11-21-00; DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08; Administrative correction 1-23-09; DOC 1-2009, f. & cert. ef. 1-22-09

291-042-0010

Definitions

(1) Adulterated or Invalid: A urine sample that has an unauthorized substance added to it to that may not be of a sufficient amount to render a “positive” result.

(2) Chain of Custody: The handling of urine specimens in a way which supports legal testimony to prove that the sample integrity and identification of the sample have not been violated, as well as the documentation describing these procedures from specimen collection to final report.

(3) Clinical Laboratory: A facility licensed by Oregon Health Division or the State licensing board of the State in which the laboratory is operating that is certified by the Substance Abuse Mental Health Services Administration (SAMHSA) to perform confirmatory testing for substances of abuse on urine or other body fluid.

(4) Dilute: A urine sample that has been contaminated, or altered in some manner, that has been tested for Creatinine and Specific Gravity and found to be dilute by the laboratory.

(5) Medical Status Report: A report which lists names of inmates who, due to a documented medical condition, may need additional time or medical assistance besides the initial two-hour time period to provide a urine sample.

(6) Substance of Abuse (SOA) Coordinator: An individual appointed by the functional unit manager who is responsible for all aspects of substance of abuse testing in the facility, including quality control, collecting urine specimens, and completion of required forms and reports.

(7) Substituted: A urine sample found, by the clinical laboratory, to not be consistent with normal human urine.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 1-1986(Temp), f. & ef. 1-16-86; CD 5-1986, f. & ef. 3-14-86; CD 18-1990, f. & cert. ef. 9-21-90; CD 31-1993, f. 12-16-93, cert. ef. 1-3-94; CD 9-1997(Temp), f. & cert. ef. 6-13-97; CD 28-1997, f. & cert. ef. 12-5-97; DOC 24-2000, f. & cert. ef. 11-21-00; DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08; Administrative correction 1-23-09; DOC 1-2009, f. & cert. ef. 1-22-09

Procedures

291-042-0011

Training Requirements

The functional unit manager of sites which are collecting urine samples for the purpose of urinalysis substance of abuse testing will appoint an SOA coordinator. The SOA coordinator will insure that only those persons who have successfully completed training will collect urine samples for the purpose of urinalysis testing.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 16-1994, f. 8-17-94, cert. ef. 9-1-94; CD 9-1997(Temp), f. & cert. ef. 6-13-97; CD 28-1997, f. & cert. ef. 12-5-97; DOC 24-2000, f. & cert. ef. 11-21-00; DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08; Administrative correction 1-23-09; DOC 1-2009, f. & cert. ef. 1-22-09

291-042-0015

Urinalysis Testing

(1) Inmates shall furnish Department of Corrections staff with a urine sample when ordered to do so.

(a) If, after receiving an order to provide a urine sample, an inmate indicates that he or she is presently unable to provide a urine sample, the inmate will be permitted an initial two hours to provide the sample. During this time, staff will place the inmate in an area where he/she can be observed. The inmate may be offered an eight ounce container of water after the first half hour and at 30-minute intervals during this initial two hour period (24 ounces total).

(b) If an inmate has not provided the required sample within this time period and is not listed on the medical status report that he/she should be allowed additional time, staff will proceed in accordance with the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

(2) After the initial two-hour period, inmates listed on the medical status report will be allowed additional time if needed to provide a urine sample. The following will occur:

(a) The inmate will be strip searched, ordered to wash his/her hands, provided alternative clothing and placed in a secure water controlled area that is observable by staff.

(b) The inmate will be ordered to urinate only in the sample bottle and to notify staff before urinating, so the collection can be observed.

(c) At the beginning of the second hour in the water controlled area, the inmate will be offered eight ounces of water and an additional eight ounces of water every hour until the inmate has been given five eight ounce containers (40 ounces total) of water.

(d) The inmate may be held in the water controlled area until the inmate either verbally refuses to supply or supplies the urine sample. Health Services will be notified when an inmate has been held in a water controlled area for 24 hours and has not yet urinated.

(3) If at anytime during either of these processes the inmate refuses to supply a urine sample, staff shall proceed in accordance with the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

(4) Same gender staff should seek to obtain the sample from the inmate in a place and manner that will avoid undue embarrassment to the inmate. Staff shall utilize proper blood and body fluid precautions when taking or processing urine samples.

(5) Before an inmate provides a urine sample, he/she will be ordered to wash his/her hands thoroughly with soap, rinse thoroughly and dry his/her hands with a towel. When providing the sample, the inmate shall lower his/her pants, skirt or other garments to his/her ankles to afford staff an unobstructed view.

(6) If the inmate alters, contaminates or discards a urine sample, staff will proceed in accordance with the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105). The inmate will not be afforded the opportunity to provide another sample at this time.

(7) After a sufficient sample for urinalysis testing has been obtained (minimum of 45 ML), staff, or the inmate under direct observation, shall pour the sample into two vials filling one vial to the 15 ML line and the other to the 30 ML line, secure lids on both vials, rinse the exterior of the vials if necessary, and hand the sample collection vials to staff.

(a) Any remaining urine in the collection cup shall be disposed of into the urinal or toilet and the collection cup shall be disposed of according to established institution bio-hazard protocols.

(b) Staff may ask the inmate to identify any medication he/she is currently taking. If necessary, a separate sheet of paper may be used to list additional medications. This list may be maintained by the SOA coordinator for further use.

(8) Upon taking custody of the vials with the inmate’s urine sample, staff shall follow the prescribed procedure for labeling the sample and send the sample to an approved clinical laboratory for testing.

(9) The SOA coordinator shall ensure that the UA Chain of Custody form is properly completed for each inmate tested, or identified to be tested, and reflects the following information:

(a) The name and SID number of the inmate from whom the urine sample was obtained;

(b) The date and time the sample was obtained;

(c) The name and signature of the staff member that collected the sample;

(d) The specific approved panel test requested; and

(e) The signature of the inmate providing the sample along with the date. If the inmate refuses to sign the Chain of Custody form, staff will write “REFUSED” in the signature block, initial it, and record the date.

(10) It is the responsibility of the laboratory that performs the confirmation testing to maintain a proper chain of custody of the sample.

(11) An inmate whose urine sample tests “positive” for a controlled substance shall be issued a misconduct report in accordance with the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

(12) Any urine sample test which returns as a “dilute - positive,” “adulterated,” “invalid” or “substitute” will be treated as a “positive” for a substance of abuse. The inmate providing that sample will be issued a misconduct report in accordance with the Department’s rule on Prohibited Inmate Conduct and Processing Disciplinary Actions (OAR 291-105).

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 1-1986(Temp), f. & ef. 1-16-86; CD 5-1986, f. & ef. 3-14-86; CD 18-1990, f. & cert. ef. 9-21-90; CD 31-1993, f. 12-16-93, cert. ef. 1-3-94; CD 9-1997(Temp), f. & cert. ef. 6-13-97; CD 28-1997, f. & cert. ef. 12-5-97; DOC 24-2000, f. & cert. ef. 11-21-00; DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08; Administrative correction 1-23-09; DOC 1-2009, f. & cert. ef. 1-22-09

291-042-0025

Baseline Test Selection Protocol

(1) A percentage of the inmate population will be selected by the Department's Research Unit each month for urinalysis testing. Selection will be completed by a designated computer program. The Research Unit will forward these lists to the functional unit designees that are authorized to receive and secure these lists until testing.

(2) A copy of these lists will be sent to the Investigations Unit.

(3) The list shall remain "confidential" and be marked as such at all times. Only those staff members designated to receive the list and those designated to perform the collection will view the list. Inmates are strictly prohibited from observing the list at any time. Inmates are strictly prohibited from entering any area where the list is located.

(4) Staff will draw samples from each inmate on the list within 72 hours and forward those samples to the approved laboratory. If a listed inmate or an entire list of inmates is not tested for any reason (transferred, out-to-court, staff shortage, etc.), a chain of custody form will be completed for each inmate not tested and forwarded to the laboratory with the other samples.

(5) Results of baseline testing will be maintained at an approved DOC location or storage medium.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 31-1993, f. 12-16-93, cert. ef. 1-3-94; CD 9-1997(Temp), f. & cert. ef. 6-13-97; CD 28-1997, f. & cert. ef. 12-5-97; DOC 24-2000, f. & cert. ef. 11-21-00; DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08; Administrative correction 1-23-09; DOC 1-2009, f. & cert. ef. 1-22-09

291-042-0035

Testing Profile Requirements

(1) A urine specimen may be obtained by trained Department staff from any inmate, regardless of the inmate’s programming when:

(a) The inmate has a history of drug use;

(b) The inmate is going out on or returning from an authorized, unescorted leave;

(c) There is suspicion that the inmate is participating in drug use;

(d) The inmate is selected to provide a urine specimen; or

(e) The inmate is assigned to a work crew outside the facility.

(2) Mandatory Testing: When there is suspicion that an inmate is participating in drug use, a specimen shall be obtained.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 31-1993, f. 12-16-93, cert. ef. 1-3-94; CD 9-1997(Temp), f. & cert. ef. 6-13-97; CD 28-1997, f. & cert. ef. 12-5-97; DOC 24-2000, f. & cert. ef. 11-21-00; DOC 15-2008(Temp), f. & cert. ef. 7-1-08 thru 12-28-08; Administrative correction 1-23-09; DOC 1-2009, f. & cert. ef. 1-22-09

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