§ 26.97 Collecting oral fluid specimens for alcohol and drug testing.

(a) The collector, with the assistance of a virtual collection monitor as permitted under § 26.607(g)(2) if applicable, shall perform the oral fluid specimen collection consistent with the device manufacturer's instructions. The collector shall: (1) Check the expiration date on the device and show it to the donor (the device may not be used after its expiration date); (2) Open an individually wrapped or sealed package containing the device in the presence of the donor; (3) Offer the donor the choice of using the device or having the collector use it. If the donor chooses to use it, instruct the donor to insert the device into his or her mouth and use it in the manner described by the device's manufacturer; (4) If the donor chooses not to use the device, or in all cases when a new specimen collection is necessary because the device failed to activate, insert the device into the donor's mouth, and gather oral fluids in the manner described by the device's manufacturer (wear single-use examination or similar gloves while doing so and change them following each specimen collection); and (5) When the device is removed from the donor's mouth, follow the manufacturer's instructions regarding necessary next steps to ensure that the device has activated. (b) If all steps in paragraph (a) of this section could not be completed successfully (e.g., the device breaks, the device is dropped on the floor, the device fails to activate), the collector, with the assistance of a virtual collection monitor as permitted under § 26.607(g)(2) if applicable, shall: (1) Discard the device and conduct a new specimen collection using a new device. The new device must be one that has been under the collector's control before the specimen collection; (2) Record the reason for the new specimen collection; (3) Offer the donor the choice of using the device or having the collector use it unless the donor, in the opinion of the collector, was responsible for the new specimen collection needing to be conducted. If the collector concludes that the donor was responsible, then the collector shall use the device to conduct the specimen collection; and (4) Repeat the procedures in paragraph (a) of this section. (c) If the second collection attempt in paragraph (b) of this section could not be completed, the collector shall— (1) End the collection of oral fluids and document the reason(s) that the collection could not be completed; and (2) Immediately conduct another specimen collection (i.e., initial test using an EBT for alcohol, or urine specimen collection for drug testing). (d) For alcohol testing of oral fluids, the collector shall read the result displayed on the device no sooner than the device's manufacturer instructs. In all cases, the collector shall read the result within 15 minutes of the test. The collector shall then show the device and its reading to the donor, record the result, and record that an ASD was used. (e) Devices, swabs, gloves, and other materials used in collecting oral fluids may not be re-used.