TO PROVIDE THAT THE RESULTS OF A SPECTRAL FLUORESCENCE SIGNATURE ANALYSIS WITH REGARD AS TO WHETHER A SUBSTANCE IS A DRUG ARE ADMISSIBLE AS EVIDENCE IN COURT, TO REQUIRE A PERMIT TO CONDUCT A SPECTRAL FLUORESCENCE SIGNATURE ANALYSIS, AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH AND ADMINISTER A PERMIT PROGRAM FOR THE PRACTICE OF SPECTRAL FLUORESCENCE SIGNATURE ANALYSIS.
Enacts new GS 90-95.8 and a new Article 42 to GS Chapter 90 for purposes as the title indicates.
Proposed GS 90-95.8 provides that the results of Spectral Fluorescence Signature Analysis (Spectral Analysis) are admissible in court for the prosecution of any violation under Article 5 (North Carolina Controlled Substances Act) of GS Chapter 90. Provides that the Spectral Analysis results are admissible only if the analysis meets both of the following requirements: (1) it is performed in accordance with the rules of the Department of Health and Human Services (DHHS); and (2) the person performing the analysis had a current permit at the time of analysis issued by DHHS authorizing the person to perform a Spectral Analysis using the type of instrument employed to perform the analysis. Provides that the results of a Spectral Analysis of a disputed substance alleged to be a controlled substance is not admissible as evidence if: (1) the defendant objects to admitting into evidence the results of the Spectral Analysis of the alleged controlled substance; and (2) the defendant demonstrates that the preventive maintenance procedures required under DHHS’ regulations were not followed with respect to the instrument used to do the analysis of the controlled substance. Delineates a list of rules, records, and actions related to Spectral Analysis of which the court must take judicial notice.
Proposed Article 42 of GS Chapter 90 prohibits a person from conducting Spectral Analyses without first obtaining a permit to engage in the practice from DHHS. Directs DHHS to generate a permit program that establishes the qualifications required for an individual to conduct Spectral Analysis. Authorizes DHHS to charge an applicant for a permit a fee of no more than $100 and allows DHHS to retain the fees and apply them to the administrative costs of the program. Authorizes DHHS to issue permits to persons it deems qualified subject to periodic renewal, termination, and revocation of the permit in DHHS’ discretion. Provides that any state or local law enforcement agency or group of law enforcement agencies, subject to approval by DHHS, may contract with the vendor of any approved Spectral Analysis instruments for preventive maintenance on instruments used for Spectral Analysis. Requires the vendor who performs preventive maintenance to provide a record of the maintenance to DHHS, and requires DHHS to maintain that record. Additionally requires DHHS to publicly post on a web page a list of all the persons who have a permit authorizing them to perform Spectral Analyses and include additional data regarding those persons’ licensing.
Effective October 1, 2011.
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