Approval of Accrediting Organizations for Crime Laboratories

PURPOSE: This rule identifies the process and criteria used to approve organizations that accredit crime laboratories that provide reports or testimony in state court pertaining to the forensic analysis of evidence. The department is required to promulgate a rule identifying approved accrediting bodies and establish procedures for the monitoring of crime laboratory compliance with the approved accrediting bodies under section 650.060.4, RSMo. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) “Approved accrediting organization” means an organization that— (A) Complies with ISO/IEC 17011 “Conformity assessment—general requirements for accreditation bodies accrediting conformity assessment bodies”; and (B) Accredits crime laboratories— 1. To the standards established in ISO/IEC 17025 “General requirements for the competence of testing and calibration laboratories”; and 2. To any supplemental forensic science standards adopted by the organization. (2) The list of approved accrediting organizations, which is incorporated by reference, may be obtained by making a request for the printed list published by the Missouri Department of Public Safety on December 21, 2012 to the Missouri Department of Public Safety, PO Box 749, Jefferson City, MO 65102 or by going online at www.dps.mo.gov. The list of approved accrediting organizations does not include any later amendments or additions. (3) “Crime laboratory” means a laboratory operated or supported financially by the state or any unit of city, county, or other local Missouri government that employs at least one (1) scientist who examines physical evidence in criminal matters and provides expert or opinion testimony with respect to such physical evidence in a state court of law. (4) Each crime laboratory shall submit documentation annually, no later than December 31, to the department verifying its accreditation status with an approved accrediting organization. That documentation shall consist of the following: (A) A copy of the current certificate of accreditation issued by an approved accrediting organization; and (B) Any periodic letters or assessment reports, issued by an approved accrediting organization, confirming conformance with its standards and confirming the accreditation status of the crime laboratory. AUTHORITY: sections 650.060 and 650.100, RSMo Supp. 2014.* Emergency rule filed Jan. 8, 2013, effective Jan. 18, 2013, expired July 16, 2013. Original rule filed Aug. 8, 2013, effective Feb. 28, 2014. Amended: Filed July 25, 2014, effective Feb. 28, 2015. *Original authority: 650.060, RSMo 2008 and 650.100, RSMo 1979, amended 2004, 2006, 2008, 2012.