Notice of Change/Withdrawal

Health Facility and Agency Licensing
59A-24.006: Drug Testing Laboratories
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 26, July 2, 2009 issue of the Florida Administrative Weekly.

59A-24.006 Drug Testing Laboratories.

(1) through (11) No change.

(12) Administrative Enforcement and Hearings.

(a) The agency shall enforce the provisions of Section 112.0455(12) and (13), F.S., Part II of Chapter 408, F.S., and Chapter 59A-24, F.A.C., by administering remedies for statutory and rule violations as provided in Sections 408.813, 408.814, 480.815 and 408.816, 112.0455(14), F.S.

(b) Whenever the agency has reason to believe that immediate action is necessary in order to protect the interests of an employer, employee, or job applicant, the agency shall immediately suspend or revoke a laboratory’s license to conduct drug testing.

(b)(c) Grounds for Disciplinary Action. The following actions shall result in the agency taking administrative action:

1. Failure to accurately analyze and report donor drug tests;

2. Unsuccessful participation in proficiency testing surveys;

3. A violation of a licensure standard;

4. Participation in a pretrial intervention or other first-offender agreement respecting a charge of, the entering of a plea of nolo contendere or guilty to a charge of, a finding of guilt regardless of adjudication of, or a conviction or any criminal offense under federal law or the law of any state relating to the operation of any laboratory;

5. Making a fraudulent statement on an application for a forensic toxicology license or any other document required by the agency;

6. Permitting unauthorized persons to perform technical procedures or issue reports;

7. Demonstrating incompetence or making consistent errors in the performance and reporting of drug free workplace testing or proficiency testing samples;

8. Performing a test and rendering a report thereon to a person not authorized by law to receive such services;

9. Knowingly having professional connection with or knowingly lending the use of the name of the licensed forensic toxicology laboratory or the license of the director to an unlicensed forensic toxicology laboratory;

10. Violating or aiding and abetting in the violation of any provision of this part or the rules promulgated hereunder;

11. Failing to file any report required by the provisions of this part or the rules promulgated hereunder;

12. Reporting a drug test result when no such test was performed;

13. Knowingly advertising false services or credentials;

14. Failure to correct deficiencies within the time required by the agency;

15. Failing to maintain a secured area for toxicology tests; or

16. Any other cause which affects the ability of the laboratory to ensure the full reliability and accuracy of drug tests and the accurate reporting of results.

17. Failure to submit statistical reports as required in subsection 59A-24.009(3), F.A.C.

(d) Hearings. All administrative hearings shall be in accordance with Chapter 120, F.S., and applicable rules and regulations. Those proceedings brought in the circuit courts of Florida to enjoin or restrain the unlawful operation of a forensic laboratory without a valid license under Section 112.0455, F. S., shall be governed by Section 112.0455, F.S., and the Florida Rules of Civil Procedure.

(13) No change.

(14) Licensure Fee.

(a) Laboratories seeking licensure must complete licensure application form, AHCA Form 3170-5001 July 95, which is hereby incorporated by reference. This form is available from the agency.

1. Initial and biennial annual licensure renewal fees shall be $16,000 $8,000 and shall be made payable to the agency.

2. For late filing of an application for renewal, the provisions of Section 408.806(2)(a), F.S., Section 112,0455(17), F.S., shall apply.

(b) Refunds are authorized pursuant to provisions of Section 215.26, F.S., and shall be approved only in the following instances:

1. An overpayment of a fee;

2. A payment where no fee is due; and

3. Any payment made into the State Treasury in error.

(c) Applications for refunds shall be filed with the Chief Financial Officer Comptroller within 3 years from the date of the payment into the State Treasury, or else such right shall be barred. Refund claims shall not otherwise be barred under the laws of this state.

(15) Statistical Information Reporting.

(a) The laboratory shall submit statistical information on drug testing to the agency. No statistical information reported to the agency shall reveal the names of the persons tested, nor shall it reveal the employer’s identity. This data shall contain the following information on specimens received for all drug testing conducted under Section 112.0455, F.S.:

1. The total number of specimens received for testing.

2. The total number of specimens that tested positive on the initial screening.

3. The total number of specimens that were confirmed and reported as positive for each drug class tested.

4. The total number of samples that were received but not tested.

(b) Statistical summaries shall be submitted to the agency on a monthly basis no later than 14 working days after the end of a reporting month. Reporting is required even if no Florida Drug Free Workplace testing has been done for that reporting month.

(c) Failure of a laboratory to submit the statistical reports as required authorized in Section 112.0455(12)(d)(c), F.S., shall result in administrative action pursuant to paragraph 59A-24.006(12)(a), F.A.C.

Rulemaking Specific Authority 112.0455(12)(c), (13)(a), 408.819 FS. Law Implemented 112.0455(12), (13), 408.805, 408.806, 408.813, 408.814, 408.815, 408.816 FS. History–New 3-15-90, Amended 6-28-91, Formerly 10E-18.006, Amended 5-1-96, 12-5-96, 3-11-98, 3-29-00,________.