17 CSR 20-3.135
Drug Testing
PURPOSE: By regulation, the St. Louis
Board of Police Commissioners shall prescribe all individuals who apply for a certification as an armed courier or who wish to
renew certification as a courier to submit to
drug testing.
(1) Applicability. The following shall apply to
all individuals seeking certification in any
category of armed courier, as well as to all
individuals seeking renewal or reinstatements
of certification:
(A) Any individual seeking certification as
an armed courier 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, or reinstatement of certification as an
armed courier;
(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 an investigation conducted. The results of the investigation will
be forwarded to the board of police commissioners. The board may revoke a license for
one (1) year based on a positive drug test;
3. If the individual is an applicant for
reinstatement of certification, reinstatement
shall be denied for a period of one (1) year;
and
4. A second positive drug test will permanently exclude the individual from holding
a courier license;
(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;
9. Methadone; and
10. Methaqualone;
(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 courier. All
expenses associated with urinalysis testing
shall be borne by the individual seeking certification, renewal of certification, or reinstatement of certification as an armed courier;
(G) A portion of each sample taken pursuant to this rule shall be preserved and upon
request to 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.
Couriers will use the laboratory under contract with the board of police commissioners
for collections and analysis of specimens.
The testing laboratory will comply with all
the provisions of this regulation including the
following:
(A) Examinee must not be permitted to
bring any clothing or personal effects into the
collection area;
(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 identified 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
rule;
(D) All laboratory results must bear the
signature of an authorized representative of
the testing facility;
(E) Laboratory results must be delivered
via fax from Quest Diagnostics or by inquiry
of the Quest Diagnostics Integrated Solutions
online system;
(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 2000.*
Original rule filed April 16, 1990, effective
June 28, 1990. Amended: Filed June 30,
1992, effective Feb. 26, 1993. Amended:
Filed April 28, 2010, effective Oct. 30, 2010.
*Original authority: 84.340, RSMo 1939.