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Drug Testing Advisory Board Charter

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The CSAP Drug Testing Advisory Board (DTAB) provides advice to the Administrator, SAMHSA, based on an ongoing review of the direction, scope, balance, and emphasis of the Agency's drug testing activities and the drug testing laboratory certification program.

Authority

The CSAP DTAB is authorized by 42 USC § 217a, (Section 222 of the Public Health Service Act), as amended.

The CSAP DTAB is governed by the provisions of the Federal Advisory Committee Act, as amended, 5 U.S.C., App.,

The CSAP DTAB is also referred to as the DTAB.

Objectives and Scope of Activities

To improve the quality of services for forensic workplace drug testing, assess the science and technology used in drug analyses, improve the quality of related laboratory services and systems for drug testing, generate standards for laboratory certification for federal workplace drug testing programs, and guide national policy in these areas.

Description of Duties

The DTAB provides advice to the Assistant Secretary for Mental Health and Substance Use (Assistant Secretary), Substance Abuse and Mental Health Services Administration (SAMHSA), based on an ongoing review of the direction, scope, balance, and emphasis of the agency's drug testing activities and the drug testing National Laboratory Certification Program (NLCP).

The DTAB shall review the NLCP for federal workplace drug testing programs as required by Public Law 100-71 and as described in the Mandatory Guidelines for Federal Workplace Drug Testing Programs. It shall provide an ongoing review of the science, laws, and policies that impact the Department of Health and Human Services’ (HHS) drug testing activities, including proposed recommendations for areas of emphasis or de-emphasis and mechanisms that will be most effective for implementing any recommendations.

The DTAB shall periodically review specific scientific areas surrounding new drugs of abuse and the methods necessary to detect their presence.

Agency or Official to Whom the Board Reports

The DTAB provides advice to the Assistant Secretary, based on an ongoing review of the direction, scope, and emphasis of the Agency's drug testing activities and the NLCP.

Support

Management and support services shall be provided by the Division of Workplace Programs (DWP), CSAP, SAMHSA.

Estimated Annual Operating Costs and Staff Years

The estimated annual operating costs for the DTAB, to include travel, meetings, federal staff support, and contracting support, is approximately $329,550.00 and 1.3 fulltime equivalents.

Designated Federal Officer

The Director, CSAP, shall designate a SAMHSA staff member to serve as the Designated Federal Officer (DFO) of the DTAB. The DFO will approve or call DTAB meetings and subcommittee meetings, prepare and approve meeting agendas, attend and direct all DTAB meetings and subcommittee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when directed to do so by the official to whom the DTAB reports.

Estimated Number and Frequency of Meetings

The DTAB meetings shall be held approximately four times a year upon request of the Assistant Secretary, or Director of DWP, CSAP. The location of the meetings of the Board shall be subject to the approval of the Director, DWP, CSAP. Meetings shall be open to the public except as determined otherwise by the HHS Secretary (or the designee), in accordance with the Government in the Sunshine Act (5 U.S.C. 552b(c)) and the Federal Advisory Committee Act. Notice of all meetings shall be given to the public. In the event a portion of a meeting is closed to the public, a report shall be prepared which shall contain, at a minimum, a list of members and their business addresses, the DTAB’s functions, dates and places of meetings, and a summary of the DTAB’s activities and recommendations made during the fiscal year.

Duration

Continuing.

Termination

Unless renewed by appropriate action, the CSAP DTAB will terminate two years from the date the charter is filed.

Membership and Designation

The DTAB shall consist of 10 members appointed by the Assistant Secretary. Of the 10 members, eight shall be recognized as experts in either analytical forensic toxicology, in specimen collection procedures for regulated drug testing programs, or in interpreting drug testing results; one shall represent users of SAMHSA’s certified drug testing laboratories and drug-free workplace programs and processes; and one shall represent individuals tested in federal or federally regulated workplace drug testing programs. These members who are not officers or federal employees (full time or permanent part time) of the United States shall serve as Special Government Employees.

The Assistant Secretary shall appoint non-voting ex officio members, who are officers or employees of the United States. The Assistant Secretary will determine the number of ex officio members on the Board. The individuals appointed should represent a variety of disciplines related to forensic drug testing, such as experience in a forensic drug-testing laboratory, related academic research, toxicological research, the Medical Review Officer (MRO) community, or technical expertise from other government agencies involved with drug testing issues, including military drug testing programs.

The Assistant Secretary shall select either an individual from among the appointed members or an appropriate member of SAMHSA staff to serve as the Chair. If the Chair is a member of SAMHSA staff, the Chair will be a non-voting position. The term of office for the Chair shall be two years.

A quorum for the conduct of DTAB business is the majority (one more than one-half) of the appointed voting membership.

The term of office of a voting member of the DTAB shall be four years. A voting member may serve after the expiration of the member’s term until a successor has been appointed and taken office. If a vacancy occurs in the advisory board among the members, the Assistant Secretary shall make an appointment to fill such vacancy within 90 days from the date the vacancy occurs. Initial appointments shall be made in such a manner as to ensure that the terms of the members do not all expire in the same year. A member who has been appointed for a term of four years may not be reappointed to an advisory committee before two years from the date of expiration of such term of office.

The DWP, CSAP, SAMHSA shall provide orientation and training for new members of the DTAB and shall also provide them with such information and training as may be appropriate for their effective participation in the functions of the Board.

Subcommittees

Subcommittees may be established with the approval of the Assistant Secretary. The advice/recommendations of a subcommittee must be deliberated by the parent board. A subcommittee may not provide advice or work products directly to the agency. The Department Committee Management Officer will be notified upon establishment of each subcommittee and will be provided information on its name, membership, function, and estimated frequency of meetings.

Recordkeeping

Meetings of the DTAB and its subcommittees will be conducted according to the Federal Advisory Committee Act, other applicable laws and Departmental policies. DTAB and subcommittee records will be handled in accordance with General Records Schedule 6.2 of the Federal Advisory Committee Records or other approved agency records disposition schedule. These records will be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.

Filing Date

June 25, 2022

Approved

June 17, 2022

 

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Miriam E. Delphin-Rittmon, Ph.D.
Assistant Secretary for Mental Health and Substance Use

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