1. A. In addition to any applicable requirement in this chapter, a forensic laboratory performing postmortem forensic toxicology shall establish a:

   1. (1) Procedure for responding to requests for the laboratory’s information and documentation; and

   2. (2) Policy for:

      1. (a) Retention and release of laboratory information;
      2. (b) Addressing the confidentiality of laboratory data; and

      3. (c) Identifying:

         1. (i) The extent to which interpretations may be provided with test results; and
         2. (ii) Who is authorized to provide interpretations.

2. B. Specimen Collection and Handling.

   1. (1) A laboratory director shall develop and provide, to all agencies or parties that submit or request postmortem toxicology analyses, instructions that include the specific requirements for the:

      1. (a) Type and minimum amount of specimen needed to perform the:

         1. (i) Requested analysis; and
         2. (ii) Subsequent interpretations;
      2. (b) Type and size of specimen container;
      3. (c) Type and amount of preservative to be added to biological fluids, when applicable;
      4. (d) Labeling of each individual specimen container;
      5. (e) Packaging and transport of a specimen;
      6. (f) Submission of relevant medical history on decedents who may carry a highly infectious disease, such as tuberculosis, hepatitis, or human immunodeficiency virus (HIV);
      7. (g) Labeling of each specimen as to type and source, if applicable; and

      8. (h) Proper sealing of containers to prevent:

         1. (i) Leakage of the specimen container; and
         2. (ii) Cross-contamination between specimens.

   2. (2) A licensee shall ensure that a specimen submitted for postmortem toxicology testing includes documentation that provides pertinent case information, including the:

      1. (a) Name of decedent;
      2. (b) Date of specimen collection; and
      3. (c) Pertinent history of the case.

   3. (3) For a specimen received for postmortem toxicology testing, a laboratory shall maintain a written or electronic record documenting the:

      1. (a) Condition of the specimen;
      2. (b) Handwritten initials or electronic signature of the individual who received the specimen;
      3. (c) Date the specimen was received;
      4. (d) Name of the decedent;
      5. (e) Unique identifier assigned to the specimen;
      6. (f) Specimen type;
      7. (g) Date the specimen was collected; and
      8. (h) Identification of the individual who collected the specimen.
   4. (4) A licensee shall develop and follow a policy for the retention, release, and disposal of specimens submitted for postmortem toxicology testing.

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)