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Inside This Issue:
DATIA Takes a Moment To Reflect On 2003
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Every year, DATIA takes a look back to assess the accomplishments of the previous year. 2003 was a very eventful year for DATIA, and we’re very proud that the association was able to not only meet its goals, but exceed them. We are sure that the accomplishments of 2003 will contribute to the already evident success of 2004. Some of the highlights from 2003 are listed below.
1. Served as National Industry Spokesperson. In past years, DATIA has been contacted by printed media outlets mainly, but in 2003 DATIA was interviewed by ABC’s John Stossel for 20/20. In the printed media, DATIA’s comments, initiatives, and accomplishments were published in The New York Times, Wall Street Journal, USA Today, US News and World Report, and The Los Angeles Times.
2. Provided DOT Advocacy. DATIA addressed potential problems that service providers could face with the DOT CFR Part 40 regulations including the affect of the Health Insurance Portability and Accountability Act (HIPAA) privacy regulations, and questioning of who can make a refusal to test determination. As a result, the DOT released Q & A’s, which provided much needed guidance to the industry.
3. Assisted in Improvement of Validity Testing Guidelines. The DOT released new regulations in 2003 changing their specimen validity guidelines prompted by data and comments submitted by DATIA. DATIA then submitted comments to the DOT concerning potential problems with implementing these new regulations as written.
4. Introduced Alternative Specimen Training Program. DATIA introduced the first course to address alternative specimen collection procedures. This course was developed to fill the void in standards for alternative specimen collection. Six classes were held in 2003, with four of the six sold out. Fourteen will be held in 2004.
5. Furthered Student Drug Testing. DATIA attended the Office of National Drug Control Policy Student Drug Testing Summit. DATIA also educated its members on the student drug testing issue by forwarding each member a copy of model legislation in support of student drug testing.
6. Provided Education on HIPAA Regulations. In conjunction with the American Association of Occupational Health Nurses (AAOHN), DATIA presented an educational workshop on HIPAA. DATIA also had seminars on HIPAA during the 2003 Annual Conference and the Non-Mandated Drug Testing workshop.
7. Commented on CG Proposed Alcohol Testing Regulations. DATIA expressed concerns to the Coast Guard regarding a proposed rule to require all marine operators to carry alcohol screening devices onboard their vessels in case of a serious marine incident.
8. Pushed for Positive Test Database. DATIA reiterated the reasons why a national database is needed for FMCSA to prevent safety-sensitive employees from being able to apply to a different company after receiving a positive result from another.
9. Opposed FMCSA Safety Performance Regulations. DATIA did not support the FMCSA’s proposed rule to increase the safety performance history requirement of new drivers to 3 years instead of 2 years. as it would not increase safety. DATIA suggested that a national database will make this a more efficient process for employers and drivers.
10. Affected MIS Form Changes. DATIA suggested many changes to the proposed One-DOT MIS form including instructions for figuring the average number of employees for employers that do random selections on a weekly basis. DATIA was happy to see that all of its suggestions were incorporated into the final rule.
11. Commented on Foreign Based Railroad Issue. DATIA has provided comment to the FRA on this issue since 2001, and is pleased with the proposed final rule issued
by the FRA that balances safety on American Railroads, and respect of foreign countries’ policies.
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12. Opposed Exemption From Testing Regulation Request. DATIA submitted comments to the FMCSA in opposition of a requested exemption from certain drug and alcohol testing regulations for Mayflower Transit and United Van Lines. The FMCSA agreed with DATIA’s comments.
13. Participated in Advisory Board Meetings. DATIA participated in meetings held by the Drug Testing Advisory Board and the DOT Federal Advisory Committee Meeting on Electronic Transmission and Storage of Drug Testing Information.
14. Assisted Israeli Anti-Drug Authority. Delegates from the Israeli Anti-Drug Authority came to DATIA to discuss how they could promote drug prevention efforts in the workplace.
15. Presented Non-mandated Testing Workshop. This workshop provided attendees with concrete initiatives and action items regarding running a non-mandated drug testing program to put to work upon returning to their business.
16. Hosted Annual Conference and Exposition. With over 500 industry professionals at its 2003 Annual Conference and Exposition, DATIA’s Annual Conference has established itself as the industry event to attend for drug and alcohol testing professionals.
17. Provided C/TPA Training and recognition. 200 individuals attended DATIA’s Program Management Seminars in 2003, and 7 companies achieved Nationally Accredited for Administration of Drug and Alcohol Testing Programs (NAADATP).
18. Excelled in Collector Training and Certification. DATIA reached over 3,900 Certified Professional Collectors (CPC)® and Trainers (CPCT)®.
19. Increased Member Communications.
DATIA maintained the eNewsweekly, a weekly newsletter provided to members with current events and news in the industry. DATIA also maintained the Online industry Forum, where members can receive answers to their most pressing questions.
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What’s In Store For 2004? DATIA Announces 2004 Action and Agenda Items
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DATIA has an action-packed agenda planned for 2004. Throughout the year DATIA will be very active with new legislative, educational, and member service initiatives. DATIA’s key objectives for 2004 are listed below.
1. DATIA will be following the implementation of the DOT’s new One-DOT Management Information Systems (MIS) report form to identify any problems in the use of the new form. DATIA will hold meetings with DOT, Congress, and key governmental officials to have the necessary corrections or modifications adopted.
2. DATIA will work with the DOT to ensure that all modal agencies, regional compliance offices, and auditors are providing information to service providers that are in compliance with DOT regulations. DATIA will work to ensure that proper training and directives are provided by DOT to all field offices and auditors.
3. DATIA will actively work with the DOT to move towards the timely development and implementation of a national database of DOT refusals to test, positive drug and alcohol test results, and return-to-duty status for all employees covered by 49 CFR Part 40
regulations. DATIA will provide input to key government officials to demonstrate that the database can operate with more security, confidentiality, accuracy, and efficiency than the current background checks required by §40.25.
4. DATIA will work with Congress, and Federal Agencies to promote the need for drug and alcohol testing as part of a drug free workplace in regards to federal contractors and grant recipients. A statement by a contractor/grant recipient that they have a drug free workplace is not adequate. Rather, a complete program that utilizes drug testing as a deterrent is necessary.
5. DATIA will actively work with Congress to support legislation and initiatives aimed at furthering school drug testing. DATIA will work to increase the public acceptance of school drug testing and to increase the amount of funds and technical assistance available to school systems for the purpose of establishing drug free school programs that incorporate drug testing.
6. DATIA will actively work with Congress to increase public awareness of the public safety dangers of adulterants used to thwart drug tests, and work to establish on a federal level the laws that have been passed by a handful of individual states.
7. DATIA will continue to advocate to the Department of Health and Human Services (HHS) the need for scientifically sound validity testing guidelines that will not result in false-substituted results. DATIA will work to ensure that proper studies are completed to determine the accurate cutoffs for specific gravity and creatinine to be used for urine specimen validity testing.
8. DATIA will work with and provide comment to the HHS to ensure the inclusion of acceptable guidelines for alternative specimen (hair, sweat, saliva) and point of collection testing into federal drug free workplace programs. DATIA will solicit comments from its members to ensure that our voice on this issue represents the interests of our members.
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9. DATIA will form alliances with related groups to work towards common goals in furthering the use of drug and alcohol testing. DATIA will undertake new efforts to increase the role of the industry in the media, including involvement with public policy debates on drug and alcohol issues. DATIA will develop and disseminate policies supporting drug testing, with the media, academics, and government officials including Congress and the Executive Branch.
10. DATIA will monitor enforcement of the Health and Insurance Portability and Accountability Act (HIPAA) regulations to ensure that non-mandated workplace drug and alcohol testing is not interpreted to be protected health information. DATIA will educate federal agencies and Congress that drug and alcohol testing is a forensic test, and not a medical test that results in health information.
11. DATIA will further its Certified Professional Collector Trainer® (CPCT) and Certified Professional Collector® (CPC) program in its ongoing efforts to increase professionalism within the industry. DATIA will offer its CPCT course in six locations across the nation and will certify additional Regional Certified Professional Collector Trainers® (R-CPCT) to offer CPC courses in their designated regions to provide much-needed training to collectors on a local level.
12. Through the Drug and Alcohol Testing Program Management Seminar, DATIA will continue its efforts in providing Accreditation to Consortia/TPAs through the Nationally Accredited for Administration of Drug and Alcohol Testing Programs (NAADATP) program.
13. DATIA will push all governmental agencies for optional electronic versions of the custody and control form (CCF). This should eliminate much of the burdensome paperwork associated with drug and alcohol testing.
14. DATIA will work to reauthorize the Drug Free Workplace Grants program. DATIA will also assist members in applying for the grants.
15. DATIA will keep its members up-to-date on new issues, activities, and events in the drug and alcohol testing industry through its bi-monthly newsletter, weekly email newsletter, web site, news portal - drugtestingnews.com, and industry forum.
16. DATIA will continue to market its members’ services to end-users of drug and alcohol testing through its Searchable Internet Industry Directory.
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DEA Attempt to Ban Hemp Foods is Rejected by the Federal Court
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In 2001, the DEA released an Interpretive Rule followed by a final rule in 2003 that would ban the sale of hemp food products based on the reasoning that all hemp products contain marijuana according to the Controlled Substances Act (CSA). The Hemp Industries Association (HIA) was outraged by this rule because they felt that hemp seed and oil products should not fall under the CSA. As a result, the HIA decided to take legal action and requested that the Federal Court review the DEA rule for validation. On February 6, 2004 the ninth circuit court agreed with the HIA, and ruled that the DEA has no authority to regulate drugs that are not scheduled as defined in the Controlled Substances Act (CSA), and that the DEA has not followed procedures required to schedule a substance. This ruling is a major triumph for the hemp food market, and they expect it to result in a boost of hemp food production and consumption.
In July of 2000, a Canadian governmental research company (ARDI) and members of the hemp industry commissioned a study by a group of scientific advisory board members to determine whether current hemp foods are still capable of causing a positive drug test result. This toxicological study used 15 volunteers ingesting hemp/canola oil blends containing four different concentrations of THC, over a 10-day period. |
Two urine samples were collected at the end of each period and samples were also taken on days 1 and 3 after the last oil had been ingested. Each individual took in daily doses of THC ranging from .09 to .06 milligrams (mg).
The study found that none of the individuals produced a “confirmed positive” even when the THC dose was 600 micrograms/day.
One of three volunteers did initially screen positive for THC after consuming .6 mg/day. However, when the screening test was confirmed it did not exceed the cutoff for the GC/MS confirmation at 10 or 15 parts per billion (ppb). The key to this study is to emphasize the importance of confirming screening results. Employers or agencies that only rely on initial screening test results without confirmation do run the risk of an occasional positive result, although it would be very rare.
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Things To Do In The Emerald City
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What do you think of when someone says the word “Seattle”? Rain? The grunge era of the 90’s? “Frasier?” Well, the 90’s are over, grunge is out, “Frasier” is ending this year and, despite its reputation for bad weather, Seattle gets only 36 inches of rain a year—less than Chicago, New York, or New Orleans! Over the past several years, Seattle has enjoyed a cultural renaissance, transforming itself from a haven for struggling musicians and beat poets to a thriving metropolis, one that is becoming a mecca for food, shopping and the arts. In addition to the many activities that DATIA has planned for our conference attendees, here are a few other things you might not know about Seattle!
To many of us, April means one thing, and that’s the start of baseball season! April 16-18 the Mariners have a home stand against the A-Rod-less Texas Rangers, and, if you’re staying in town a few extra days, they play the Oakland A’s at home again Monday-Thursday. Safeco field is considered one of the jewels of baseball, with beautiful views of both downtown Seattle and the Puget Sound. And, with a retractable roof, you can take in a game, rain or shine! Tickets can be purchased at the web site,
http://www.seattlemariners.com
If you’re more interested in music than sports, the Seattle Symphony will be performing while you’re in town as well. With it’s home located in the new, beautiful Benaroya Hall, you can listen to the world-renowned symphony perform the fifth symphonies of both Shostakovich and Tchaikovsky. The symphony performs April 15 and 16, and tickets can be purchased by calling (206) 215-4747.
And yes, we did mention shopping. While downtown now sports a Tiffany’s, a Nordstrom in a renovated warehouse, and dozens of national chain stores, such as Old Navy and Barnes and Noble, here is a list of shops that are “Strictly Seattle”:
Ardour 1115 First Ave; Whimsical women's wear, lush sweaters, and exquisite-yet-affordable jewelry.
Domestic Furniture 1422 34th Ave; Full line of wooden and upholstered pieces by acclaimed artist and designer Roy McMakin.
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Fig. 1A 95 Wall St.; FTD meets the chemistry lab: cement floors, white-tiled walls, and flowers displayed in beakers and flasks.
Flora & Henri 1215 First Ave.;. Beautifully made children's clothing based on vintage designs.
Great Jones Home 1921 Second Ave.; Antiques and treasures for the home and garden; gifts, candles, and linens from Provence;
Mint 91 Wall St.; Industrial-chic furnishings with a 1940's, 50's, and 60's office look
Pacific Place 600 Pine St. Seattle's newest and glitziest mall, with five levels of shops, restaurants, and movie theaters.
If you can shop anywhere, and don’t like baseball or classical music, you can just look for what Seattle is famed for – great coffee and a laid back atmosphere. Yes, it’s the home of Starbucks, but there are literally thousands of other coffee shops in the city, each with it’s own distinct personality. Check out Capitol Hill for some of these great shops. Despite its new sophistication, Seattle is still a city that is “young, earnest, outdoorsy, and hopelessly caffeinated.” And, if all else fails, walk over to Pike Place Market, where mounds of fresh fruits and vegetables are piled beneath signs proclaiming LIFE IS TOO SHORT TO EAT BAD TOMATOES!
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Thank You Conference Exhibitors and Sponsors
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DATIA is very excited about this year’s slate of sponsors and exhibitors for the 2004 Annual Conference, and would like to extend a big thanks to each of them. The following is a list of the exhibitors and sponsors that are confirmed as of February 17, 2004. We encourage all conference attendees, as well as our exhibitor and sponsor representatives, to visit these great companies and learn more about what they have to offer.
Company Name, Booth Number, Website
Presenting Sponsors
Instant Technologies, Inc. 40 and 47 www.tryi.com
Northwest Toxicology/LabOne 26 www.nwtox.com
Pharmchem, Inc. 41 www.pharmchem.com
Varian, Inc. 27 www.varianonsite.com
Platinum Sponsors
Orasure Technologies, Inc. 33 www.orasure.com
Silver Sponsors
BB&T 13 www.BBandT.com
Chem Chek www.chemchekinc.com
Quest Diagnostics Incoporated www.questdiagnostics.com
Platinum Exhibitors
American Substance Abuse Professionals, Inc. 31 www.go2asap.com
Chematics, Inc. 39 www.chematics.com
Comprehensive Health Service, Inc. 1 www.chsmedical.com
eScreen, Inc. 24 www.escreen.com
Florida Drug Screening 48 www.drugtestingusa.com
Phamatech 38 www.phamatech.com
Rapid Diagnostics/ ICN Biomedicals, Inc. 12 www.rapiddiag.com
Syntron Bio Research 46 www.syntron.net
Willow Laboratories and Medical Center 16 www.willowlaboratories.com
Gold Exhibitors
Advanced Toxicology Network 28 www.atnlabs.com
Applied Biotech, Inc. 3 www.abiapogent.com
Genelex Corp. 43 www.genelex.com
Identigene 49 www.identigene.com
National Med Network 29 www.nationalmednetwork.com
Bronze Exhibitors
Additional Testing, Inc. 4
Advantage Diagnostics Corporation 20 www.advantagediagnostics.com
Alcohol Countermeasure Systems 35 www.acs-corp.com
American Bio Medica Corporation 36 www.abmc.com
BioChemical Diagnostics, Inc. 7 www.biochemicaldiagnostics.com
Branan Medical Corporation 32 www.brananmedical.com
Buckley Productions 19 www.buckleyproductions.com
Clinical Reference Lab 11 www.crlcorp.com
CMI,Inc. 50 www.alcoholtest.com |
Compliance Information Systems 18 www.everitest.net
Drug Free Enterprises, Inc. 6 www.drugcheck.com
Employer Support Services, Inc. 37 www.ess-i.com
Intoximeters, Inc. 17 www.intox.com
Kahntact USA, Inc. 2 www.kahntactmet.com
Kroll Laboratory Specialists 44 www.krollworldwide.com
LabOne, Inc. 19 www.labone.com
Lifeloc Technologies 30 www.lifeloc.com
LifeSign, LLC 5 www.lifesignmed.com
Lynn Peavey Company 45 www.peaveycorp.com
Medical & Clinical Consortium 34 www.mcctest.com
Medtox Laboratories, Inc. 10 www.medtox.com
Noble Medical, Inc. 8 www.noblemedical.com
Pathology Associates Medical Laboratories 22 www.paml.com
Pipeline Testing Consortium, Inc. 15 www.pipelinetesting.com
Scanlon Associates 25 www.drugpak.com
Sentinel Scientific, LLC 23 www.sentinelsci.com
Shortstop, Inc. 14 www.sstop.com
Sterling Reference Laboratories 9 www.sterlingreflab.com
U.S. DOL/ Working Partners for an 42 www.dol.gov/dol/workingpartners.htm
Alcohol and Drug-Free Workplace
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Member Spotlight: Mid-Atlantic Drug Testing Services
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One afternoon an amusing document came across the DATIA fax machine. A Charter member of DATIA, Thomas Hyde of MidAtlantic Drug Testing Services, sent a poem outlining the urine collection process. Like most collectors, Mr. Hyde often finds himself combing through the regulations. While reviewing collection procedures in 49 CFR Part 40, he noticed that many of the words rhymed. He was led to compose this poem to make the collection process a little more interesting:
The Collector
I’ve got the cups,
the forms are in order;
The toilets been blued;
I’ve shut off the water.
When the donor arrived,
he was properly ID’d;
Instructions were given,
and his pockets emptied.
He washed his hands,
and was handed a cup;
“45 mils is all I need,
but it’s okay to fill’er up.”
Privacy is given,
so there is no need to blush;
All I ask is that when done,
“Please, do not flush!”
When the donor is finished,
he brings the cup to me;
I check for temperature
and specimen quantity.
If all is okay,
and it’s not cold or blue;
I divide the specimen into
bottles one and two.
The bottles are sealed
and dated by me;
One is labeled “A”
and the second labeled “B”.
The donor initials the seals now,
and not before;
He then completes step five,
and I do step four.
The bottles are bagged
with copy one of the form;
And then are released to FedEx or Airborne.
Copy five is the donor’s
and now he can go;
But copy two I must send to his MRO.
Copy four is for the employer,
and three is for me;
And now I have distributed them all properly.
I check the site,
and make sure it’s secure;
This collection is complete,
but I still have more.
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Thomas Hyde has been a member of DATIA since 1996, and is currently an active member of DATIA’s Specimen Collection Issues Committee. He began his career in drug and alcohol testing in 1988 at Harrison Laboratories in Midland, TX. While working at Harrison Laboratories, Tom became involved with the regulatory end of the industry and assisted clients with their drug testing programs. He was also responsible for providing on-site collections as well as overseeing three collection sites.
In 1997, Thomas decided that he wanted to move to the Virginia area to be closer to his family. He relocated and in 1999 he started MidAtlantic Drug Testing Services, which is now a successful business offering on-site drug and alcohol testing services.
Tom believes that the collection process, while not the weak link it once was, is still in need of improving. Collectors need to continue improving their skills. Mr. Hyde believes that collectors must attend training programs such as those provided by DATIA, and that collection facilities should provide ongoing training programs for their collectors. Tom has expressed that training should include exercises that excite student participation, which is what prompts him to write poems, cross word puzzles, and word finds about the collection process.
Tom feels that the future of the industry holds many opportunities. He anticipates the DHHS announcing mandatory guidelines for alternative specimens very soon, and he forecasts that collectors and collection facilities will need to be prepared for the wonderful changes to come in the drug and alcohol testing industry.
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FDA Revokes Outdated Compliance Policy Guide
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On May 31, 1990, the FDA issued a Compliance Policy Guide (CPG) entitled Sec. 370.200 RIA Analysis of Hair to Detect the Presence of Drugs of Abuse (CPG 7124.06). The CPG stated that the use of radioimmunoassay (RIA) to analyze hair for the presence of drugs of abuse lacked scientific evidence of its safety and effectiveness, as defined in 21 CFR 860.7. The CPG went on to indicate that approved premarket approval applications (PMA's) were necessary before commercially distributing these types of devices.
Since that CPG has been published, there have been numerous articles and extensive discussions about the analytical performance, clinical parameters, and sources of error and testing differences in hair testing technology compared to other technologies. The FDA has reviewed a number of hair tests and found them to be substantially equivalent to predicate devices measuring drugs of abuse in other matrices.
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As a result of the articles, discussions, and FDA review, the FDA decided on January 5, 2004 to revoke CPG 7124.06. The purpose of this revocation was to eliminate an obsolete compliance policy. Any person who proposes to introduce into commercial distribution an in vitro diagnostic device that is intended to test human hair for drugs of abuse is required to submit a premarket notification (510(K)) to FDA. However, in accordance with 21 CFR 864.3260, over-the-counter test sample collection systems for drugs of abuse testing (systems sold for use in non-medical settings such as insurance, workplace, and home) are exempt from the 510 (K) submission requirement as long as the laboratory test (whether for urine, hair, or other matrices) has been cleared or approved by FDA, the laboratory is recognized as capable of performing the testing, and the system is properly labeled.
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CG Publishes Conforming Amendment
On February 11, 2004, the United States Coast Guard (CG) published a conforming amendment so that its regulations conform with the Department of Transportation's (DOT) regarding use of the Management Information Systems (MIS) report form. This amendment stresses that the CG does not follow the DOT alcohol testing regulations, and as such, this information is not to be included on the MIS form. The final rule goes into effect on March 12, 2004, and marine employers must submit the required drug testing program data to the CG by March 15, 2004. The full federal register announcement can be viewed at www.datia.org.
Ken Edgell Retires from Department of Transportation
Mr. Ken Edgell has retired from his position as Acting Director of the Department of Transportation’s Office of Drug and Alcohol Policy and Compliance (ODAPC). Ken worked for the past 17 years providing drug and alcohol testing related advice to the past 5 administrations. DATIA has enjoyed working with Ken over the past years, and his work within ODAPC is to be commended. Ken will now be serving as Senior Policy Advisor to American Medial Review Officers, LLC; National Compliance Management Service, Inc.; and Pipeline Testing Consortium, Inc. Replacing Ken as Acting Director of ODAPC will be Jim Swart. Jim has been with ODAPC for many years, and we look forward to working with him in the future.
Number of Eligible Substance Abuse Professionals to Increase
The Department of Transportation (DOT) announced on January 22, 2004 that the National Board for Certified Counselors, Inc. and Affiliates (NBCC) has been approved as a certifying organization for Substance Abuse Professionals (SAP). After careful review of NBCC’s petition to have their Master Addictions Counselor (MAC) credential approved as a SAP credential, the DOT found that NBCC’s rigorous standards warranted inclusion. The inclusion of this additional organization will add to the relatively small number of currently eligible SAPs. The full Federal Register announcement can be viewed at www.datia.org.
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Student Drug Testing Initiatives Announced
On January 21, 2004, Congressman John Peterson (PA) introduced the Empowering Parents and Teachers for a Drug-Free Education Act of 2004 in the house. The bill was co-sponsored by Congressman Souder (IN) and Congressman Osborne (NE). The bill aims to carry out President Bush’s request for $23 million to support student drug testing initiatives.
DATIA has reviewed the bill and feels that it will effectively provide the financial and technical support that schools need to implement effective programs. In its review of the bill, DATIA forwarded edits to Congressman Peterson’s staff to ensure that alternative and on-site testing will be available as options for schools. These changes have been accepted and will be amended in the current bill text.
The bill provides funding for student drug testing programs, and includes standards to follow. These standards include terms such as confidentiality requirements and requiring that a Medical Review Officer review all confirmed positive results.
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