A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE REQUIREMENT THAT WOULD COME INTO EFFECT ON JULY 1, 2013, THAT A LABORATORY PROVIDING CHEMICAL ANALYSES UNDER G.S. 20-139.1 BE ACCREDITED BY AN ACCREDITING BODY THAT IS A SIGNATORY TO THE INTERNATIONAL LABORATORY ACCREDITATION COOPERATION (ILAC) MUTUAL RECOGNITION ARRANGEMENT AND TO CLARIFY THAT THE RESULTS OF CHEMICAL ANALYSIS OF BLOOD OR URINE FROM ALL HOSPITAL LABORATORIES IN NORTH CAROLINA THAT ARE APPROVED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO THE CLINICAL LABORATORY IMPROVEMENT AMENDMENTS OF 1988 (CLIA) PROGRAM ARE ADMISSIBLE AS EVIDENCE.
House committee substitute to the 2nd edition makes the following changes.
Amends GS 20-139.1 by deleting all proposed changes to the statute and instead providing as follows. Amends (c1) to define a laboratory approved for chemical analysis by the Department of Health and Human Services (DHHS), for purposes of the statute, to include any hospital lab approved by DHHS under the program resulting from the federal clinical Laboratory Improvement Amendments of 1988.
Deletes the provisions in (c2) concerning lab accreditation requirements to be met for blood or urine analysis to be admissible. Also deletes the provisions in (c4) concerning requirements to be met in order for blood or urine tests to be admissible to prove a person's alcohol concentration or the presence of a controlled substance or other impairing substance.
Adds a new section amending GS 8-58.20 (forensic analysis admissible as evidence) providing that the statute does not apply to chemical analyses under GS 20-139.1.
Amend the act's titles.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.