B.05.01 Urine Sample Collection (National Procedure)

Procedure Standard

Urine samples are collected in accordance with statutory and policy requirements.

Requirements

R1 Random Testing Programme
R2 Identified Drug User (IDU) Status
R3 IDU Status Prisoners and Employment
R4 Health and Safety
R5 Key Roles and responsibilities

Procedure

Prisoners may be required to provide a urine sample for analysis in order to detect whether they have used drugs or alcohol or both where:
1. the Prison Manager, or any staff member authorised for the purpose by the Prison Manager, believes on reasonable grounds that the prisoner has without the authority of a medical officer, used any drug, or has consumed alcohol;
2. the prisoner’s name has been selected by a computer generated random testing programme;
3. the prisoner is a voluntary participant in a programme that aims to reduce drug and alcohol use, and has agreed to submit to random urine analysis tests as part of that programme.
Prisoners identified for testing will be informed:
1. that they are required to provide a sample of urine,
2. of the reason and authority for the requirement,
3. that a refusal to provide a sample in a reasonable time will result in disciplinary action, and
4. that they have to accompany the officer to the designated collection site.
Prisoners will also be informed that it is a disciplinary offence to tamper (adulterate or substitute) with the sample, and that where a sample has been supplied by the prisoner and if the Prison Manager believes on reasonable grounds that the sample was diluted, tainted or contaminated an officer may require the prisoner to:
1. provide another sample, (pursuant to section 124(2)(d)); and
2. undergo a strip search (pursuant to section 98(6)(g)) immediately before the taking of another sample.
The Designated Collection Officer who is required to collect a urine sample must, after the prisoner is taken to the designated sample collection area;
1. positively identify the prisoner, either –
  - through an officer’s personal knowledge of the prisoner, or
  - by an identification photograph.
2. verify the prisoner’s PRN number or drivers licence number.

Reasons for cancellation of tests

The IOMS drug register allows for test to be cancelled for the following reasons:
1. Prisoner unfit for tested, supported by medical advice;
2. Prisoner psychologically unfit, supported by expert advice;
3. Prisoner is close to final release date, i.e. within ten days of release; or
4. Staff Unavailability - however this reason should not be used except in exceptional circumstances, due to the 28 day period within which to carry out a test following the initial notification of a general random or a random IDUS selection. In the case of a selection pursuant to the temporary release random programme, the test must be carried out within 7 days after the prisoner's return to prison. It is important that if a test is to be cancelled, that sufficient detail is provided to support the decision to cancel the test under one of the above grounds. If officers are able to cancel randomly generated tests with only a briefly worded explanation entered on IOMS, the officer concerned, and PS, would be vulnerable to allegations of favouritism and impropriety.
Menstruation in the case of a women prisoner is not grounds for refusal to provide a urine sample, unless a doctor confirms otherwise and they are liable to be charged with an offence against section 129 (b) of the Corrections Act 2004 if they do not provide a urine sample immediately.

Sample to be collected at reasonable time

A prisoner must be required to provide a urine sample only at a reasonable time, unless the Prison Manager or any other staff member authorised for the purpose by the Prison Manager believes, on reasonable grounds, that the prisoner has committed an offence against section 129 and section 130 of the Corrections Act 2004.

Privacy and Supervision

A prisoner who is required to provide a urine sample must be given such reasonable privacy as is consistent with the necessity to ensure a sample that is suitable for analysis is obtained.
Every urine sample obtained from a prisoner must be obtained under the supervision and in the direct view of either:
1. two Designated Collection Officers of the same sex as the prisoner providing the sample; or
2. a Designated Collection Officer of the same sex as the prisoner and either -
  - a staff member who is a nurse and if practicable, is of the same sex as the prisoner; or
  - a medical officer
Procedure 9 (a) above does not prevent the presence, when a urine sample is or is to be provided, of all or any of the following people in addition to those under whose supervision it is or is to be provided:
1. a staff member or additional staff member who is a nurse and (if practicable) of the same sex as the prisoner:
2. a medical officer:
3. if the Prison Manager of the institution believes, on reasonable grounds, that they are needed for the proper supervision and management of the prisoner, any number of additional officers (whether Designated Collection Officers or not).
4. Procedure 8 is subject to Procedures 9 and 10.

Requirements in relation to provision of sample

To ensure that a urine sample is not tampered with, a Designated Collection Officer may require the prisoner concerned to wash his or her hands immediately before, or wear gloves while, providing it.

Collection kit

A Designated Collection Officer who is required to collect a urine sample from a prisoner must ensure that he or she uses a collection kit provided by a specified laboratory.
Only one collection kit may be in the area designated by the Prison Manager for the purpose of urine sample collection, at any one time.
The Designated Collection Officer must check that the collection kit contains the following items:
1. a sterile collection container:
2. 2 sterile sample bottles each marked with a specimen identification number:
3. 2 sterile tamper-proof sample bottle security labels:
4. a plastic specimen bag containing a liquid absorbing sheet:(e) a collection kit shipping seal.
If a collection kit does not contain all the items listed in Procedure 14, it may not be used.
A urine sample to which this Procedure applies must be collected in the container referred to in Procedure 14 (a).

Information to be given to prisoner before sample provided

Before a sample is taken collection officers will verbally inform prisoners of the information contained in the “Information to Prisoner Supplying Urine Sample Form”, ask the prisoner to sign the form and give the prisoner a copy. Refusals to sign will be recorded on the form, with the signatures of the two collection officers.

Inspection of equipment by prisoners

A Designated Collection Officer who is required to collect a urine sample from a prisoner must, before collection, show the sterile collection container and the sterile sample bottles to the prisoner in a manner that enables the prisoner to verify that those items are empty, and that the seals under the caps on the sample bottles are intact.

Procedure immediately after provision of sample

Immediately after a urine sample has been provided by a prisoner of a prison, a Designated Collection Officer must, in the presence of the prisoner:
1. pour the sample into 2 sterile bottles; and
2. immediately after the sample has been poured into each bottle, secure the cap on each bottle.
Immediately after the caps on the bottles have been secured, a Designated Collection Officer must, in the presence of the prisoner, label the bottles with a label that -
1. in each case contains the combination of characters, or numbers, or both, that is recorded on Part A of form 2 (B.05.01.F2) for the purpose of identifying the prisoner who provided the sample and at least 1 person referred to in Procedure 9 who supervised the provision of the sample; and
2. in each case is initialled by the prisoner who provided the sample (if the prisoner so wishes).
Immediately after the bottles have been labelled, a Designated Collection Officer must -
1. complete Part A of form 2 (B.05.01.F2), in the presence of the prisoner; and
2. give the prisoner an opportunity to sign it; and
3. place the laboratory copy of the form into the collection kit; and
4. give a copy of the form to the prisoner; and
5. place the 2 sealed and labelled bottles into the specimen bag; and
6. place the specimen bag in the collection kit; and
7. seal the collection kit with the shipping seal provided in it; and
8. place the collection kit in a locked refrigerator designated for storing urine samples.
A collection kit that is placed in a refrigerator under Procedure 21 (h) must remain in that refrigerator until it is collected for transportation to a specified laboratory.
An officer who removes a collection kit from the locked refrigerator and places the kit in a secure courier bag must sign form 3 (B.05.01.F3) and state on that form;
1. The number of the collection kit; and
2. The date and time that the kit was removed from the refrigerator; and
3. The time that the courier bag was locked.
If the officer locking the secure courier bag is not the officer referred to in Procedure 23, the officer locking the bag must also sign the form.

Inability or Failure to Provide Urine Sample/ Spillage of Urine Sample

Procedure if sample not provided immediately

A prisoner who does not provide a urine sample immediately or who accidentally spills his or her sample must be -
1. placed under supervision, in an area authorised for the purpose by the Prison Manager; and
2. given a reasonable period, not exceeding 3 hours, within which to provide a urine sample; and
3. provided with approximately 200 ml of water per hour to drink during that period.
At the end of the period allowed for providing a urine sample, a prisoner who has not provided a urine sample during that period-
1. must be informed that, unless a medical officer certifies that there are medical or psychological reasons for his or her not doing so, he or she is liable to be charged with an offence against section 129 (b) of the Corrections Act 2004 if he or she does not provide a urine sample immediately; and
2. in the case of a woman prisoner they are informed that menstruation is not grounds for refusal to provide a urine sample, unless a doctor confirms otherwise and they are liable to be charged with an offence against section 129 (b) of the Corrections Act 2004 if they do not provide a urine sample immediately; and
3. must be given a final opportunity to provide a urine sample immediately.
If a person, other than the prisoner from whom a urine sample has been collected, spills that urine sample, the prisoner may not be required on that occasion to provide another sample.
The prisoner must be advised that any attempt to adulterate or substitute the sample could result in a charge under section129 (c) of the Corrections Act 2004, and that the penalties for adulterating or substituting a sample or failing or refusing to submit to a test are the same as the penalties for using any drug without the authority of a Medical Officer.

Tampering with Urine Sample

Prisoners who tamper with any sample required to be supplied (whether by that prisoner or any other prisoner) will be charged under section 129 (c) of the Corrections Act 2004.

Chain of Evidence

The manager of a prison must ensure that a collection kit containing a urine sample is delivered to a specified laboratory reasonably promptly after the procedure set out in Procedures 19-22 have been completed.
An officer who removes a collection kit from the locked refrigerator and places the kit in a secure courier bag must sign form 3, and state on that form -
1. the number of the collection kit; and
2. the date and time that the kit was removed from the refrigerator; and
3. the time that the courier bag was locked.
If the officer locking the secure courier bag is not the officer referred to in Procedure 24, the officer locking the bag must also sign the form.
A person who collects a collection kit from a prison for transportation to a specified laboratory must sign the form, and state -
1. his or her name; and
2. the date and time of collection of the kit.

Analyst's Certificate

Certificate showing result of analysis

After analysis of a urine sample, delivered in a collection kit to a specified laboratory, under regulation 140 of the Corrections Regulations 2005, an analyst from that laboratory must complete and send to the manager of the prison concerned a certificate showing the result of the analysis.

Copy Given To Prisoner

Copy of certificate containing result of sample analysis to be given to prisoner and others

On receipt of the certificate referred to in Procedure 34, the manager of the prison must ensure that-
1. copies are given -
  - to the prisoner who provided the urine sample; and
  - if the result is positive, to a medical officer, or a staff member who is a nurse, for the purpose set out in Procedure 36 (e) below; and
2. a copy is placed on the prisoner's prison record.

Use in Proceedings

Requirements before result of sample analysis can be used in proceedings

The result of the analysis of a urine sample may only be used as evidence in any disciplinary hearing if -
1. the appropriate chain of evidence forms have been completed; and
2. an analyst from the specified laboratory that analysed the sample has certified in writing that the result was positive; or there is evidence that the sample has been tampered with or contaminated in any way; and
3. after receiving a copy of the analyst's certificate and before the commencement of the hearing, the prisoner has been -
  - advised of the right to have sample (B) independently analysed at the prisoner's own expense; and
  - given 48 hours to elect to have the sample independently analysed; and
4. prisoners who elect to have sample (B) independently analysed at their own expense have advised the Unit Manager in writing (B.05.01.F4), and
5. the result of an independent analysis must be produced 21 days after the close of the day on which the 48 hour election period expires, and
6. a copy of the independent analysis certificate will be placed on the prisoners file, and/or
7. within that 48 hours the prisoner has elected not to have the sample independently analysed.
8. a medical officer, or a staff member who is a nurse, has certified, in writing, that any drug found in the prisoner's sample was not, to the best of his or her knowledge, administered to the prisoner in accordance with instructions from a health service provider or a medical officer.

Records to be kept

Record of drug and alcohol testing to be kept

The Prison Manager, or any other staff member authorised for the purpose by the Prison Manager, must enter, in a register in IOMS, a record of -
1. any direction under section 124 of the Corrections Act 2004 to a prisoner to provide a urine sample, and the result of the sample analysis; and
2. any random testing programme that is operating, including summary of the results of that programme.
The Prison Manager must, on request, send a copy of, or an extract from, the record kept under this procedure to the Chief Executive.

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