To obtain or maintain a permit to operate a forensic laboratory, a person or licensee shall ensure that the forensic laboratory:

1. A. Establishes and follows policies and procedures for a comprehensive quality assurance program designed to monitor and evaluate the ongoing and overall quality and safety of the total examination and forensic analysis process;

2. B. Maintains a quality assurance program that:

   1. (1) Continually evaluates the effectiveness of the laboratory’s policies and procedures;
   2. (2) Routinely revises policies and procedures based on the results of ongoing evaluation;
   3. (3) Identifies and corrects problems;

   4. (4) Assures:

      1. (a) Accurate, complete, and reliable reporting of results of examinations and analyses;
      2. (b) Technical procedures are validated and are accepted practice in the forensic discipline; and
      3. (c) Adequate and competent employees;
   5. (5) Requires documentation of all quality assurance and quality control activities; and

   6. (6) Includes policies and procedures for:

      1. (a) Handling and preservation of evidence;
      2. (b) Calibration and maintenance of equipment;
      3. (c) Handling, maintaining, and securing laboratory records including case records and reports;
      4. (d) Evaluation and approval of employees;
      5. (e) Laboratory security;
      6. (f) Identifying and implementing corrective actions;
      7. (g) Documenting and investigating complaints;
      8. (h) The operation of individual characteristic databases, where appropriate; and
      9. (i) Data integrity and ethics;

3. C. Develops and maintains:

   1. (1) An organizational chart of all employees;
   2. (2) Job requirements and a job description for each contractor; and

   3. (3) Employee records that include, but are not limited to:

      1. (a) Job requirements and a job description for each employee;
      2. (b) Educational background and qualifications;
      3. (c) Curriculum vitae;
      4. (d) Court testimony evaluations and a record that the evaluations are reviewed with each examiner and analyst;
      5. (e) Documentation of successful completion of a training program set forth by the laboratory, including competency testing;
      6. (f) Authorization to perform independent casework; and
      7. (g) Performance evaluations;
4. D. Establishes and maintains a forensic laboratory safety program;
5. E. Employs appropriately trained employees and possesses equipment to conduct the scope of forensic services offered;
6. F. Maintains reference literature in physical or electronic form that covers all disciplines and subdisciplines for which services are offered;
7. G. Designates an individual as the quality assurance manager;
8. H. Defines and maintains a document retention policy;
9. I. Maintains a facility that is designed to ensure the integrity of the forensic analyses and the evidence;

10. J. Conducts:

    1. (1) Administrative review of all cases and reports before issuing a report; and
    2. (2) Technical review, of no less than 5 percent of cases as determined by the laboratory director or designee, to ensure conclusions and supporting data are within the constraints of scientific knowledge; and
11. K. Establishes a mechanism to address unresolved discrepant conclusions between an analyst and the technical reviewer.

Authority: Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland

Effective date: May 28, 2012 (39:10 Md. R. 660)

Regulation .01K amended effective July 20, 2015 (42:14 Md R. 880)

Regulation .02A, B amended effective July 20, 2015 (42:14 Md R. 880)

Regulation .05C amended effective July 20, 2015 (42:14 Md R. 880)

Regulation .07C amended effective July 20, 2015 (42:14 Md R. 880)

Regulation .09C, D amended effective July 20, 2015 (42:14 Md R. 880)

Regulation .10B amended effective July 20, 2015 (42:14 Md R. 880)

Regulation .12B amended effective July 20, 2015 (42:14 Md R. 880)

Regulation .15A, C amended effective July 20, 2015 (42:14 Md R. 880)