Cal. Code Regs. tit. 15 § 3621

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3621 - Instant Test Kit

Collection of the UA test sample shall first be obtained by utilizing an onsite testing device which is an instant test kit. A positive or negative test result shall determine the next course of action.

(a) In the event of a negative instant test result, the PA shall have the supervised person discard the sample and the test kit.

(1) No further laboratory confirmation is required.

(2) The negative test result shall be recorded on the CDCR Form 2249 (Rev. 10/15), Urinalysis Sample Control Log, which is incorporated by reference, and shall also be documented on the CDCR Form 1650-D (Rev. 06/12), Record of Supervision.

(b) In the event of an undisputed presumptive positive instant test, the PA shall record the instant test result on the CDCR Form 2249 and obtain a signed CDCR Form 1527 (Rev. 06/12), Voluntary Statement of Admission, which is incorporated by reference.

(1) The PA shall have the supervised person discard the sample and the test kit.

(2) No further laboratory confirmation is required.

(3) The PA shall adjudicate the presumptive positive test utilizing swift and certain interventions which may include immediate community drug treatment.

(c) In the event of a disputed positive instant test result, the PA shall record the instant test results on the CDCR Form 2249. The PA shall adhere to the following steps to preserve the chain of custody of the UA sample:

(1) Process the sample in the contract laboratory-approved specimen bottle.

(2) Process the identification label and instruct the supervised person to place the label on the specimen bottle in the PA's presence.

(3) Ensure that the bottle shall be sealed by the supervised person and placed into the individual specimen bag.

(4) Secure the sample in accordance with section 3623(b).

(d) Upon laboratory confirmation, the PA shall ensure that the positive test result shall be adjudicated to include immediate interventions.

(e) If the supervised person admits to use of a prohibited substance, the PA shall obtain a CDCR Form 1527, signed by the supervised person indicating a voluntary admission for the use of a prohibited substance.

Cal. Code Regs. Tit. 15, § 3621

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3060.9, 3063.1, 3063.2, 3068 and 5054, Penal Code.

1. New section filed 7-17-2014 as an emergency; operative 7-17-2014 (Register 2014, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-24-2014 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-17-2014 order, including amendment of subsection (a)(2), transmitted to OAL 11-7-2014 and filed 12-22-2014; amendments effective 12/22/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 52).
3. Amendment of subsection (a)(2) filed 6-27-2017; operative 10/1/2017 (Register 2017, No. 26).
4. Change without regulatory effect amending subsections (a), (b)(1), (c)(2)-(3) and (e) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).