10A NCAC 73A .0102       DEFINITIONS

The following definitions apply to this Chapter:

(1)           "Controlled substance" means as defined in G.S. 90-87(5). 

(2)           "Drug test" means the production and submission of a biochemical assay by an applicant or recipient for chemical analysis to detect illegal use of drugs. Such chemical analysis shall meet the requirements of the Controlled Substance Examination Regulation Act, G.S. 95, Article 20.

(3)           "Illegal use of controlled substances" means the violation of State or federal law for use of the drugs set forth in Rule .0103 of this Section.

(4)           "Reasonable suspicion" means a sufficient basis to believe that the applicant or recipient is engaged in the illegal use of a controlled substance and such reasonable suspicion shall be established only by one of the following:

(a)           a score of three or above on the verbal screening questionnaire, the Drug Abuse Screening Test (DAST-10), or

(b)           a criminal conviction relating to an illegal controlled substance within the past three years.

(5)           "Substance use screening" means utilizing the DAST-10 to determine a potential for a substance use disorder.

(6)           "Applicant or recipient" for the purposes of drug testing means as defined in G.S. 108A-29.1(a).

History Note:        Authority G.S. 108A-29.1; 143B‑153;

Eff. June 1, 2015.