Section 1287.10  Purpose

 

The purpose of this Part is to allow for the production of uniformly sufficient information to allow a proper, well-informed determination of the admissibility of toxicology evidence and to ensure that the evidence is presented competently and intelligibly.  This Part is designed to provide a minimum standard for compliance concerning toxicology evidence and is not intended to limit the production and discovery of material information.

 

Section 1287.20  Definitions

 

"Accreditation Certificates" means documentation by an authoritative body that gives formal recognition that a body is competent to carry out specific tasks.

 

"Individual Testing Certifications" means documentation by an authoritative body that gives formal recognition that a person is competent to carry out specific tasks.

 

"Instrumental Maintenance Logs" means a record documenting events in relation to the upkeep, preventative maintenance, and operating condition of an instrument.

 

"Instrumental Sequence Logs" means a record documenting a particular order or sequence in which samples are analyzed on an instrument.

 

"Measurement Uncertainty" or "MU" means an estimate of the range values with which a measurand (the quantitative expression of that which is being determined) is likely to be found.

 

"Proficiency Testing" means tests (administered internally by a third party) taken by the forensic scientist/examiner/technician that demonstrate competency in an area of analysis.

 

"Quality Issue Documentation" means documentation of potential nonconforming work or a departure from the policies and/or procedures in the quality system of technical operations.

 

"Standard Operating Procedures" means established or prescribed methods to be followed routinely for the performance of designated analytical operations or in designated situations.

 

"Testing Laboratory" means the laboratory that is conducting the toxicological analysis.

 

"Toxicology Confirmatory Testing" means the testing performed to confirm the identity of the substance or compound.

 

"Toxicology Evidence" means forensic laboratory testing of blood, urine or other bodily substance.

 

Section 1287.30  Obligation to Produce

 

The purpose of this Section is to establish a minimum standard for supplying toxicological evidence and is not intended to limit the production or discovery of material information.  For subpoenas seeking the disclosure of records in addition to case file information, the testing laboratory will provide the following listed items for all prosecutions, post-trial and post-conviction proceedings.  The proponent offering the toxicology evidence shall provide or otherwise make available to the adverse party all relevant materials, which includes:

 

a)         Copies of the records contained in the case file, including all reports, notes, phone logs, data and quality issue documentation relating to the testing performed in the case;

 

b)         Copies of standards and controls utilized in the case that reflect compliance with quality control guidelines or standards employed during the testing process;

 

c)         Copies of the toxicology standard operating procedures utilized in the particular case analysis;

 

d)         Proficiency testing results from the last test prior to the date of the case report and two years prior to that date;

 

e)         Current curriculum vitae for forensic scientists or others involved in the testing and analysis of toxicology evidence in the case;

 

f)         Reports explaining any discrepancies in the testing, observed defects or laboratory errors in the particular case, as well as the reasons for and the effects of those defects/errors;

 

g)         Copies of chain of custody documentation for each item of evidence subjected to toxicology testing in the particular case;

 

h)         Copies of accreditation certificates and individual testing certifications, relating to the laboratory and/or individuals performing the specific tests in the particular case, that were in effect at the time of testing;

 

i)          Copies of instrumental sequence logs for each item of evidence subjected to toxicology confirmatory testing in the particular case;

 

j)          Copies of instrumental maintenance logs for one year ending the date each item of evidence was subjected to toxicology testing in the particular case;

 

k)         If ethanol testing was conducted and measurement uncertainty calculated, data utilized for MU will be provided; and

 

l)          Validation studies, when available.