1. A. Regardless of how an individual’s role, position, or title is identified by a licensee, on or after January 1, 2012, an individual who begins employment with a licensee in a forensic laboratory shall meet the appropriate employee qualifications and requirements as set forth in this subtitle for a:

   1. (1) Director;
   2. (2) Technical leader;
   3. (3) Quality assurance manager;
   4. (4) Forensic analyst or examiner; and
   5. (5) Person in the chain of casework who could affect the forensic analysis results, including technicians.

2. B. A licensee shall deem an individual who is performing the function of a forensic laboratory director, as set forth in this chapter, on or before December 31, 2011, as:

   1. (1) Meeting the qualifications of a forensic laboratory director; and
   2. (2) Fulfilling the duties and responsibilities of the director as set forth in this subtitle.

3. C. A licensee shall deem an individual, other than the director, who is performing the function of one or more of the required employees, as set forth in Regulation .01 of this chapter, on or before December 31, 2011, as:

   1. (1) Meeting the qualifications for the designated role, position, or title if the individual is authorized in writing by the director; and
   2. (2) Fulfilling the duties and responsibilities of the designated position as set forth in this subtitle.

4. D. Deemed Qualification.

   1. (1) The deemed qualification for forensic laboratory employees as set forth in §§B and C of this regulation is limited to the specific role or function of an individual on or before December 31, 2011.
   2. (2) The deemed qualification of an individual in a specific role or function as set forth in §§B and C of this regulation is permanent and portable.

   3. (3) If the role of an individual employed by a licensee changes, the individual, before serving in the new role, shall:

      1. (a) Meet the appropriate qualifications for the role as set forth in this chapter; or

      2. (b) From January 1, 2012, through December 31, 2018, meet the employee qualifications established by the laboratory director for a forensic non-Biology-DNA:

         1. (i) Technical leader;
         2. (ii) Quality assurance manager; or
         3. (iii) Analyst or examiner.

   4. (4) Sunset of Deemed Qualifications. The deemed qualification of an individual in a specific role or function as set forth in §D(3)(b) of this regulation:

      1. (a) Is not permanent; and
      2. (b) Expires on December 31, 2018.

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

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

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

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

Regulation .17E amended effective July 20, 2015 (42:14 Md. R. 880)