R523-15-5. Drug Testing Program Requirements

  (1) Prior to administration participants shall be informed of:

  (a) The purpose of a drug screen,

  (b) Who will have access to the results,

  (c) The potential consequence of testing positive, and

  (d) Their right to request confirmation testing of a sample using accepted methodologies such as GC/MS technology.

  (2) Testing methodologies with scientific standards developed by SAMHSA shall be used for all drug screens. For this reason, urine and saliva are the preferred testing specimens. If other methodologies such as testing of hair, sweat, or meconium are used, additional information regarding the specific detection window of the methodology and any other limitations shall be communicated along with the results.

  (3) DSAMH does not recommend random drug testing more frequently than an average of three times a week; however, testing to confirm suspicion of use is always permissible.

  (4) Cut-off levels for drug screens shall conform to the Substance Abuse and Mental Health Services Administration (SAMHSA) recommended levels. If the screen is for a substance that SAMSHA has not identified a cutoff level, the industry standard shall be applied.

  (5) A drug screen shall not be considered positive unless:

  (a) A participant admits to use, or

  (b) The sample screen has been confirmed by a SAMSHA certified laboratory using scientifically accepted methodologies such as GC/MS technology.

  (6) Drug testing procedures shall not be used as a rationale to:

  (a) Bar participants from participation in a program or service; or

  (b) To discontinue the use of a lawfully prescribed or court ordered medication.

  (7) Sanctions may be imposed based on the results of a drug screen if applied in a manner consistent with the participant's due process rights.

  (8) Confirmation testing is required for any contested drug screen if:

  (a) Sanctions outside of treatment will be imposed, or

  (b) The result is being used for evidentiary purposes.

  (9) Participants receiving treatment from a publicly funded agency shall not be responsible to pay for a confirmation test if the result is negative. Agencies providing treatment to persons who are justice involved shall not practice balance billing to offset cost associated with a conformation test if the test is negative.

  (10) Testing frequency should be based on the participant's circumstances and the purpose of the test. Factors to consider include:

  (a) The participant's history of drug use,

  (b) Drug of choice,

  (c) Third party reports,

  (d) Treatment progress,

  (e) Personal observations,

  (f) Special circumstances/transitions, and

  (g) Other factors as needed.

  (11) Duplicate drug testing among DHS divisions should be avoided. With signed participant consent consistent with 42 CFR, DHS agencies may share results. The following information shall also be shared with results:

  (a) The cut-off level(s) used with the drug screen,

  (b) A description of how sample was collected,

  (c) As the collection observed or unobserved

  (d) The specific panel of drugs included in the screen,

  (e) Whether the sample was checked for adulteration, tampering and dilution,

  (f) Whether the participant admitted to use or not, and

  (g) Whether the result(s) is from a drug screen or a confirmation test.

  (12) Drug testing should not be the only means to detect substance use or monitor treatment compliance. DSAMH encourages all divisions, agencies, providers, and contractors to evaluate a participant's progress using:

  (a) Validated assessments,

  (b) Clinical evaluations,

  (c) Reports from substance use disorder treatment providers and third parties, and

  (e) Personal observation through regular contact.

  (13) DSAMH recommends the use of medication-assisted drug treatments such as the use of Methadone, Bupinorphine, and Naltrexone for individuals who meet clinical criteria for their use.