Specimen Ownership and Authorized Agents
Why Do We Only Speak to Authorized Agents?
USDTL is an objective, third-party forensic toxicology laboratory and is not involved in the details of forensic cases; therefore, we are unable to verify any information related to cases. Due to obligations of confidentiality for the donor and forensic protocol, we are unable to answer questions or release information to parties not explicitly authorized by the entity that received and verified the forensic order for testing, verified the donor, and conducted the specimen collection. We refer to these entities as authorized agents. This prevents anyone from calling into the lab and impersonating donors and protects the integrity of the specimen and the results. Due to these circumstances, donors who have questions or need information are required to work directly with their authorized agent or have legal counsel work with the authorized agent on their behalf. Note that the authorized agent must send a release to the laboratory requesting the laboratory to share information with legal counsel before any information can be exchanged.
Who Has Ownership of Forensic Drug Testing Specimens?
Forensic Results
Unlike a medical or clinical test, where the results become part of the patient’s medical record, the ownership of forensic drug testing results typically lies with the entity that ordered and/or collected the specimen for testing.
Forensic Specimen
Forensic drug testing specimens do not belong to the donor; they are considered evidence subject to a strict chain of custody control process to maintain their integrity.
A rigorous chain of custody procedure is followed from collection through analysis and storage. Each transfer of the specimen is documented to maintain its integrity and legal admissibility.
Laboratories have policies on how long specimens are retained after testing and specific protocols for their eventual disposal. Retesting can be requested on specimens through written permission from the collection facility and/or the organization that ordered the testing.
It’s important to note that legal and ethical considerations may vary, and specific agreements or regulations could influence the ownership and handling of forensic drug testing specimens.
Receiving Litigation Support:
Litigation support can play a crucial role in providing credible evidence, expert testimony, and technical assistance in legal cases involving drug testing, helping to ensure fair and just outcomes. Litigation support can be requested through our Client Services Department by:
- Authorized agents of the court accompanied by a subpoena
- Designated agents of the entity holding an account with the laboratory, such as the business owner, designated staff, or individuals designated by the business owner via written consent.
- Authorized agents of the court accompanied by a subpoena
- The business owner and designated staff of the entity that collected the specimen (under their own account)
- Representatives the collection entity designates via written consent
Our litigation support services include:
- Business Record Affidavit– a certified copy of the report and chain of custody
- Letter of Interpretation– interpretation of the result, a certified copy of the report and chain of custody
- Litigation Package– copies of the screening data, confirmation data, report, and chain of custody (internal and external)
- Expert Witness Testimony
- Telephonic Testimony – review of data and associated paperwork
- In-Person Testimony / Portal-to-Portal – all court or hearing-related work, including testimony and depositions
Acknowledgment: This content was created, in part, with the assistance of OpenAI. (2024). ChatGPT [Large language model]. https://chat.openai.com. It is intended for general knowledge purposes and does not refer to official policies or laws. We are not legal experts. It’s important to consult the laws and regulations applicable to your jurisdiction to get accurate and up-to-date information.