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The Department adopted this routine technical rule change to amend Chapter 266. This rulemaking coincides with the expiration of the emergency rule effective January 2, 2025, ensuring competency requirements and accreditation standards adopted on an emergency basis remain the standard for labs analyzing controlled substances seized by law enforcement and used in Maine's courts procedures. This non-emergency rule incorporates the changes adopted by emergency rule to update the oversight authority and certification standards, including the educational and training requirements. Consistent with the emergency rule, accredited labs and personnel are required to comply with international standards for forensic testing and calibration laboratories (ISO 17025 standards), shorten the time a certificate is valid from five years to one year, and permit the certified analyst to perform examinations, analyze forensic casework, and technically review other certified analysts case reports. Additionally, the adopted rule includes the amendments proposed that: repeal of the semiannual reporting requirement; change the current two-year preservation period for test results to be available for inspection for 20 years; remove the exception for a laboratory analyst to be qualified as an expert witness prior to 1976; and update the rule format and title.
Adopted
Office: Maine CDC
Routine technical
Email: bridget.danis@maine.gov
Effective date:
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