What does 49 CFR 40.92 (What is oral fluid validity testing, and are laboratories required to conduct it?) require?
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Based on 49 CFR 40.92, oral fluid validity testing is the evaluation of a specimen to determine if it is consistent with normal human oral fluid, specifically to check if any adulterants or foreign substances were added or if the oral fluid was altered.
Regarding when testing is required or permitted:
* You may conduct validity testing if a specimen shows abnormal characteristics (such as an unusual odor or color), causes reactions during drug tests that are characteristic of an adulterant, or contains an unidentified substance that interferes with the confirmatory analysis.
* If you determine the specimen is invalid and Health and Human Services (HHS) guidelines direct you to contact the Medical Review Officer (MRO), you and the MRO must contact each other and decide whether testing the primary specimen at another HHS-certified laboratory would be useful to report a positive or adulterated result.
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