1. (a) Purpose. The purpose of this rule is to establish procedures by which TYC implements a testing program designed to monitor substance abuse problems, hold youth under agency jurisdiction accountable for their behavior, meet individual treatment needs and act as a deterrent to alcohol and other drug use.
2. (b) Applicability. This policy applies to all youth under TYC jurisdiction whether supervised by TYC employees or by contracted service/program employees.

3. (c) Explanation of Terms Used.

   1. (1) Laboratory confirmation testing - The testing of urine or blood specimens by professional technologists or technicians at a commercial laboratory to confirm the results of an Alcohol or Drug Screening Test.
   2. (2) Negative result - Test result indicating a drug is not detected at or above the threshold of a test.
   3. (3) On-site testing - The testing of a breath, saliva, or urine sample at a site other than a laboratory, using trained staff.
   4. (4) Positive result - Drug detected at or above the threshold of a test.
   5. (5) Testing program manager - The superintendent at a facility, the parole supervisor or quality assurance administrator, or their designees will designate a testing program manager to be responsible for answering questions about the alcohol or drug testing program and coordinating aspects of the drug testing process.
4. (d) Any youth under TYC jurisdiction may be tested for drug and/or alcohol use.
5. (e) Testing may be conducted for cause or on a random or routine basis.

6. (f) During orientation to TYC, each youth shall be given notice that:

   1. (1) He or she is subject to alcohol and drug testing, which may be conducted for cause or on a random or routine basis.
   2. (2) Refusal to submit to an alcohol or drug test (or failure to provide a urine specimen within two (2) hours of request) is a category I rule violation and will result in appropriate sanctions.
   3. (3) A positive result on an alcohol or drug test is a category I rule violation and will result in appropriate sanctions.
7. (g) The frequency of testing individual youth will be determined locally.
8. (h) All breath, saliva, or urine tests will be conducted, scored, and interpreted according to the instrument manufacturer's instructions.

Source Note:The provisions of this §380.9715 adopted to be effective January 1, 1999, 23 TexReg 12933; amended to be effective April 16, 2003, 28 TexReg 3065; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.