PURPOSE: By regulation, the St. Louis Board of Police Commissioners shall prescribe all individuals who apply for a certification as an armed officer or who wish to renew certification as an armed courier to submit to drug testing.
(1) Applicability. The following shall apply to all individuals seeking certification in any category of armed security officer, as well as to all individuals seeking renewal or reinstatement of certification:
- (A) Any individual seeking certification as an armed security officer or any individual seeking reinstatement of certification, shall submit to urinalysis testing before certification is granted, renewed or reinstated. This testing shall be for the purpose of determining the presence or absence of illegal drugs. Refusal to comply with this requirement shall result in the denial of certification, renewal of certification of reinstatement of certification as an armed security officer;
(B) If the results of an individual’s urinalysis test are positive, that is indicative of the presence of illegal drugs in the sample, the following penalties shall apply:
- 1. If the individual is an applicant for
initial certification, s/he shall be denied certification and shall not be permitted to reapply for a period of one (1) year;
- 2. If the individual is an applicant for
renewal of certification, his/her certification shall be suspended and shall not be renewed for a period of one (1) year; and
- 3. If the individual is an applicant for
reinstatement of certification, reinstatement shall be denied for a period of one (1) year;
(C) Urinalysis testing pursuant to this rule shall consist of a drug screen test and, if the test results are positive, a confirmatory test. The drug screen test shall be the Enzyme Multiplied Immunoassay Test (EMIT) which detects the following:
- 1. Marijuana (Cannabinoids THC);
- 2. Phencyclidine (PCP);
- 3. Amphetamines;
- 4. Barbiturates;
- 5. Cocaine;
- 6. Propoxyphene;
- 7. Opiates;
- 8. Benzodiazepines; and
- 9. Methadone;
- (D) The confirmatory testing method to be used shall be Gas Chromatography Mass Spectroscopy (GCMS). No applicant shall be denied certification, renewal of certification or reinstatement of certification on the basis of a positive result on the EMIT test, unless that result is first confirmed by GCMS;
- (E) Samples for urinalysis testing shall be taken at the times and locations designated by the St. Louis Board of Police Commissioners for this purpose. Samples shall be analyzed at a laboratory facility designated by the St. Louis Board of Police Commissioners;
- (F) The expense of the drug test shall be borne by the individual requesting armed certification or renewal as an armed security officer. All expenses associated with urinalysis testing shall be borne by the individual seeking certification, or reinstatement of certification as an armed security officer;
- (G) A portion of each sample taken pursuant to this rule shall be preserved and, upon request, be made available to the applicant from whom it was taken for the purpose of contesting the results of the analysis performed pursuant to subsections (1)(C)–(E) of this rule. The expenses of any analysis made by an applicant for the purpose of contesting the results shall be borne entirely by the applicant; and
- (H) Any request made by an applicant for the preserved portion of a sample must be made within thirty (30) days of the applicant’s receipt of notification of denial of certification, renewal or reinstatement because of failure to pass urinalysis testing.
(2) Laboratory and Testing Procedures. The courier may employ the laboratory of his/her choice for analysis of specimens; provided, that the laboratory is reputable and is operating within the statutes, laws, ordinances or guidelines established by Missouri and any county or municipality of this state to govern or control those facilities; and further that the laboratory complies with all of the provisions of this regulation as follows:
- (A) Examinee must not be permitted to bring any clothing or personal effects into the collection area; 17 CSR 20-2
- (B) Laboratory facilities used for the collection of samples must be both sanitary and sterile (that is, free of discarded paper products from previous collections as well as all other debris of any type and free of any substances which could be used to alter a urine specimen);
(C) The collection process must include procedures to adequately insure:
- 1. That the specimen is correctly identi-
fied as coming from the donor/examinee;
- 2. That the specimen cannot be altered
or tampered with after it has been collected;
- 3. That there is a documented chain of
custody with respect to the sample;
- 4. That laboratory results are accurately
identified with the particular specimen on which the analysis has been performed;
- 5. That procedures are instituted to rule
out a positive analysis based upon the presence of over-the-counter or prescription drugs in the urine of the examinee;
- 6. That procedures are instituted to rule
out positive analysis based upon the presence of contraband drugs in the urine which presence could have been derived in a manner other than by direct ingestion or intravenous injection; and
- 7. That procedures are instituted to
insure the confidentiality of laboratory results and that positive results are made known only to those individuals, institutions, corporations, governmental agencies or other entities or their agents who have been granted the privilege of disclosure under the terms and conditions of this agreement only for the purpose of carrying out the sole intent of this regulation;
- (D) All laboratory results must bear the signature of an authorized representative of the testing facility;
- (E) Laboratory results must be delivered via the United States mail, postage prepaid, to the Metropolitan Police Department, Private Security Section;
(F) The laboratory/collection site must have a litigation package which includes records that show:
- 1. Chain of custody;
- 2. Collaboration file;
- 3. Screen results;
- 4. Confirmation results; and
- 5. Chromatograms; and
- (G) The board of police commissioners or its designee reserves the right to approve any collection service, process, laboratory or procedure regarding drug testing procedures before any results will be recognized for the purposes of this rule.
AUTHORITY: section 84.340, RSMo 1986.* Original rule filed April 16, 1990, effective June 28, 1990. Amended: Filed June 30, 1992, effective Feb. 26, 1993.
*Original authority: 84.340, RSMo 1939.