[ Q&A Home | Contents - 2004 | Search | Next | Previous | Up ]
![]()
From: Robert Swotinsky MD
Date: 18 Nov 2004
Time: 13:43:47 -0800
Remote Name: 68.166.236.185
Part 40 does not specifically speak to this situation. Part 40 does direct for reconfirmation at a second lab. Part 40 also direct for cancellation if the second lab fails to identify the adulterant. In the case as presented, there is no second lab, thus no failure to identify the adulterant, thus no cancellation on that basis. I suggest allowing the split test at the same lab so that the donor at least has that option.
Split specimens are a right granted to certain DOT-covered employees by Congress under the Omnibus Act. But, that Act does not say the splits must go to a different lab for analysis. DOT wisely added that provision, but did not anticipate the situation where there would be no other lab to conduct the split analysis.
![]()