Authorized issues surrounding hair testing for substance use are multifaceted, encompassing a variety of potential challenges. These challenges stem from the check’s distinctive means to detect drug use over an prolonged interval, elevating questions on privateness, accuracy, and potential discrimination. For instance, authorized disputes can come up when an employer makes use of a constructive hair check outcome as grounds for termination, notably if the person disputes the accuracy of the check or claims extenuating circumstances.
The importance of understanding the authorized ramifications related to this testing methodology is paramount for employers, staff, and authorized professionals alike. A transparent understanding helps guarantee compliance with related laws, minimizes the chance of litigation, and promotes equity within the office. Traditionally, the evolution of drug testing applied sciences, together with the hair follicle check, has persistently prompted authorized scrutiny relating to particular person rights versus the necessity for office security and safety.
The next dialogue will delve into particular areas of concern, together with problems with check accuracy and reliability, potential for discriminatory software, and related privateness legal guidelines that govern using this expertise in numerous contexts resembling employment, little one custody disputes, and forensic investigations. These areas warrant cautious consideration to navigate the complicated authorized panorama surrounding substance use detection by way of hair samples.
1. Accuracy and Reliability
The accuracy and reliability of hair follicle drug testing are basic issues in authorized contexts. Challenges to check outcomes incessantly heart on allegations of flawed methodologies, improper dealing with of samples, or inherent limitations of the expertise itself. These elements have important implications for the admissibility of check leads to authorized proceedings and the potential for hostile penalties primarily based on doubtlessly inaccurate findings.
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Scientific Validity of Methodology
The underlying scientific foundation of hair follicle testing should be demonstrably sound. Authorized challenges typically query the peer-reviewed analysis supporting the check’s means to precisely detect and quantify drug metabolites embedded within the hair shaft. Points come up when methodologies usually are not universally accepted inside the scientific neighborhood or when particular medication usually are not persistently and reliably detected.
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Pattern Dealing with and Chain of Custody
The integrity of the pattern from assortment to evaluation is paramount. A break within the chain of custody, improper storage, or contamination of the pattern can compromise the accuracy of the outcomes. Authorized disputes typically concentrate on establishing a transparent and unbroken chain of custody to make sure the pattern examined is certainly the person’s and has not been tampered with.
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Exterior Contamination and Environmental Components
Exterior contamination of the hair pattern, whether or not intentional or unintentional, can result in false constructive outcomes. Publicity to secondhand smoke or sure shampoos containing detectable substances can confound the check. The authorized ramifications of such contamination necessitate cautious consideration of environmental elements and potential sources of error.
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Variations in Testing Protocols
Variations in laboratory protocols, calibration requirements, and interpretation of outcomes can result in inconsistencies throughout completely different testing amenities. This lack of standardization can increase considerations in regards to the reliability of outcomes and result in challenges in court docket. A scarcity of universally accepted requirements may end up in various outcomes for a similar particular person, doubtlessly undermining the equity of the testing course of.
The problems associated to the accuracy and reliability of hair follicle drug testing instantly affect its authorized defensibility. A check that’s scientifically questionable, liable to contamination, or topic to inconsistent software is unlikely to resist authorized scrutiny. The intersection of those considerations with worker rights, privateness laws, and evidentiary requirements highlights the essential want for rigorous high quality management measures and legally defensible testing protocols.
2. Discrimination Considerations
Discrimination considerations symbolize a big side of authorized challenges related to hair follicle drug testing. A main supply of concern arises from the potential for disparate affect on sure demographic teams. As a result of drug metabolites bind to melanin, people with darker hair might exhibit greater concentrations of detected substances and for longer durations, doubtlessly resulting in disproportionately constructive check outcomes in comparison with people with lighter hair, even when substance use is equal. This differential affect might represent illegal discrimination primarily based on race or ethnicity, violating employment discrimination legal guidelines resembling Title VII of the Civil Rights Act.
Additional, the prolonged detection window of hair follicle testing usually as much as 90 days raises considerations about discriminating towards previous substance use which will not be related to a person’s current capabilities or job efficiency. For instance, an worker who used hashish legally in a state the place it’s permitted however subsequently relocated to a state the place it’s prohibited might face hostile employment motion primarily based on a constructive hair check reflecting previous authorized use. Such conditions might set off litigation alleging unfair or discriminatory therapy primarily based on previous conduct, notably if the employer’s drug testing coverage doesn’t adequately account for modifications in authorized standing or a person’s private circumstances. Court docket instances have addressed allegations of disparate affect stemming from hair testing, highlighting the need for employers to validate the job-relatedness and enterprise necessity of utilizing this testing methodology, particularly when statistically important disparities in outcomes are noticed throughout completely different demographic teams.
In abstract, the potential for discriminatory outcomes in hair follicle drug testing underscores the crucial for cautious coverage design, implementation, and authorized evaluation. Employers should display that their testing practices are non-discriminatory in each intent and impact, they usually should be ready to defend their insurance policies towards authorized challenges alleging disparate affect. Complete documentation, clear testing procedures, and a nuanced understanding of related anti-discrimination legal guidelines are important to mitigating authorized dangers and making certain equity within the software of hair follicle drug testing.
3. Privateness Violations
Privateness violations symbolize a essential part inside the broader spectrum of authorized points pertaining to hair follicle drug testing. The intrinsic nature of hair follicle testing, involving the extraction and evaluation of organic materials containing private details about previous substance use, inherently raises considerations relating to particular person privateness rights. The unauthorized assortment, storage, use, or disclosure of hair follicle check outcomes can result in authorized challenges primarily based on violations of privateness legal guidelines, such because the Well being Insurance coverage Portability and Accountability Act (HIPAA) in healthcare settings or state-specific privateness statutes in employment contexts. For instance, if an employer shares an worker’s constructive hair follicle check outcomes with colleagues with no professional enterprise cause, that motion might type the premise for a privateness violation declare. The potential for misuse of delicate info obtained via hair follicle testing necessitates strict adherence to privateness protocols and authorized safeguards.
Additional compounding privateness considerations is the prolonged detection window afforded by hair follicle testing. In contrast to urine or blood exams, which primarily detect latest drug use, hair follicle exams can reveal substance use patterns spanning a number of months. This retrospective functionality intensifies privateness issues, as people could also be compelled to reveal details about previous conduct that they might in any other case preserve personal. Furthermore, the storage of hair samples themselves raises knowledge safety and privateness considerations. Laboratories and employers should implement sturdy safety measures to guard hair samples and related knowledge from unauthorized entry, theft, or unintended disclosure. Failure to take action might expose these entities to authorized legal responsibility and reputational injury. Lawsuits have been filed alleging privateness violations in instances the place hair samples have been improperly saved or check outcomes have been disclosed with out the person’s consent.
In abstract, the intersection of privateness rights and hair follicle drug testing necessitates a cautious balancing act between professional pursuits, resembling office security, and the safety of particular person privateness. Employers and testing amenities should implement complete privateness insurance policies, acquire knowledgeable consent from people present process testing, and be certain that hair samples and check outcomes are dealt with with the utmost confidentiality and safety. Authorized challenges stemming from privateness violations within the context of hair follicle drug testing underscore the significance of sturdy compliance measures and a heightened consciousness of people’ privateness rights.
4. Chain of Custody
Chain of custody documentation is a essential ingredient in making certain the authorized defensibility of hair follicle drug check outcomes. It supplies an unbroken file of pattern dealing with from assortment to evaluation, establishing the integrity and reliability of the proof introduced in authorized proceedings.
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Pattern Assortment and Identification
Correct pattern assortment procedures are paramount. This contains meticulous documentation of the person offering the pattern, the date and time of assortment, and the id of the collector. Distinctive identifiers should be assigned to every pattern to forestall mix-ups. Any deviation from customary protocol throughout assortment, if not correctly documented, may be grounds for authorized challenges.
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Safe Dealing with and Transportation
As soon as collected, the pattern should be dealt with and transported securely to forestall tampering or contamination. This includes utilizing tamper-evident seals on assortment containers and sustaining a written file of every one that possesses the pattern. Any compromise within the safety of the pattern throughout transportation raises questions in regards to the validity of the check outcomes.
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Laboratory Evaluation and Storage
Upon arrival on the laboratory, the pattern’s chain of custody should be meticulously maintained. This contains documenting the date and time of receipt, the situation of the pattern, and the personnel dealing with it. Strict protocols should be adopted throughout evaluation to make sure accuracy and forestall contamination. Correct storage situations are additionally important to protect the integrity of the pattern for potential retesting or authorized challenges.
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Documentation and Document Holding
Complete documentation is the cornerstone of a defensible chain of custody. All steps within the course of, from assortment to evaluation, should be completely documented. This contains sustaining detailed data of personnel concerned, dates and instances of dealing with, and any deviations from customary protocol. Incomplete or inaccurate documentation can weaken the authorized standing of the check outcomes.
A sturdy and meticulously documented chain of custody is crucial for substantiating the validity of hair follicle drug check leads to authorized contexts. Any weak point or break within the chain may be exploited by authorized counsel to problem the admissibility of the proof, doubtlessly undermining all the case. Due to this fact, stringent adherence to established protocols and thorough documentation are paramount for making certain the authorized integrity of hair follicle drug testing.
5. Testing Cutoffs
Testing cutoffs, the predetermined focus ranges at which a drug check is taken into account constructive, are a pivotal consideration within the authorized panorama surrounding hair follicle drug exams. The institution and software of those cutoffs instantly affect the accuracy, equity, and authorized defensibility of check outcomes. Inaccurate or arbitrarily set cutoffs can result in false positives or negatives, thereby creating authorized challenges associated to employment actions, little one custody determinations, or different consequential selections primarily based on check outcomes.
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Scientific Foundation for Cutoff Ranges
The scientific validity of established cutoff ranges is topic to authorized scrutiny. Cutoffs should be primarily based on sound scientific ideas and supported by peer-reviewed analysis demonstrating their reliability in distinguishing between precise drug use and passive publicity or environmental contamination. Authorized challenges incessantly come up when cutoff ranges usually are not adequately validated, resulting in questions in regards to the accuracy and reliability of constructive check outcomes. For instance, cutoff ranges for sure substances could also be set too low, leading to false positives on account of hint quantities of the substance being detected, even within the absence of intentional drug use.
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Variations in Cutoff Ranges Throughout Jurisdictions and Industries
Inconsistencies in cutoff ranges throughout completely different jurisdictions and industries introduce authorized complexities. Federal laws, state legal guidelines, and particular person employer insurance policies might set up various cutoff ranges for a similar substances, creating confusion and potential conflicts. A person who exams detrimental beneath one set of cutoff ranges might check constructive beneath one other, resulting in challenges relating to the equity and consistency of drug testing practices. For instance, a truck driver topic to federal Division of Transportation (DOT) laws might face completely different cutoff ranges than a trainer in a state with extra lenient requirements.
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Influence of Cutoff Ranges on False Positives and False Negatives
Testing cutoffs instantly affect the chance of each false constructive and false detrimental outcomes. Excessive cutoff ranges cut back the chance of false positives however may permit some drug customers to evade detection (false negatives). Conversely, low cutoff ranges improve the sensitivity of the check, doubtlessly resulting in extra false positives and faulty accusations of drug use. The authorized penalties of false positives, resembling wrongful termination or denial of employment, are important, making the cautious calibration of cutoff ranges important to attenuate errors.
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Authorized Challenges to Arbitrary or Unreasonable Cutoff Ranges
Authorized challenges typically goal cutoff ranges which might be perceived as arbitrary, unreasonable, or discriminatory. Plaintiffs might argue that cutoff ranges usually are not job-related, unduly intrusive, or disproportionately affect sure demographic teams. For instance, if a cutoff stage for a particular drug is ready so low that it successfully screens out a big proportion of candidates from a selected ethnic group, a declare of disparate affect discrimination might come up. The authorized burden falls on employers and testing businesses to display that their chosen cutoff ranges are affordable, job-related, and in line with relevant legal guidelines and laws.
The willpower and software of testing cutoffs are integral to the authorized evaluation of hair follicle drug exams. These cutoffs should be scientifically sound, persistently utilized, and demonstrably honest to resist authorized challenges. Disparities in cutoff ranges, coupled with the potential for false positives or negatives, underscore the necessity for cautious calibration and ongoing evaluation of testing protocols to make sure accuracy, equity, and authorized defensibility inside the complicated framework of substance abuse testing laws.
6. Admissibility in Court docket
The admissibility of hair follicle drug check leads to a court docket of regulation hinges instantly upon a rigorous analysis of the methodological soundness and procedural integrity surrounding the testing course of. The court docket should be satisfied that the testing methodology is mostly accepted inside the related scientific neighborhood and that the precise laboratory performing the check adhered to established protocols. Demonstrating this acceptance typically includes presenting knowledgeable testimony relating to the scientific foundation of hair follicle testing, together with its accuracy, reliability, and limitations. A failure to ascertain this basis may end up in the check outcomes being deemed inadmissible, rendering them unusable as proof within the authorized continuing. For instance, if the protection can efficiently problem the validity of the testing methodology, resembling by demonstrating that the laboratory’s procedures deviate considerably from business requirements, the court docket might exclude the check outcomes from consideration.
The chain of custody, because it pertains to the hair pattern, can be a essential determinant of admissibility. Any break within the chain, ambiguity in documentation, or proof of tampering can solid doubt on the integrity of the pattern, jeopardizing its evidentiary worth. For instance, if the prosecution can not definitively set up that the hair pattern examined was certainly that of the defendant and that it remained safe and unadulterated from the time of assortment to evaluation, the court docket is more likely to exclude the check outcomes. Equally, the precise testing cutoffs utilized by the laboratory are topic to judicial scrutiny. If the cutoffs are deemed arbitrary, unreasonable, or not scientifically validated, the court docket might query the reliability of the check outcomes. Circumstances have been dismissed or overturned on account of considerations in regards to the validity of cutoff ranges, notably the place they’re proven to supply an unacceptably excessive charge of false positives.
In abstract, securing the admissibility of hair follicle drug check outcomes requires a multi-faceted method. The testing methodology should be scientifically sound and broadly accepted, the chain of custody should be meticulously documented, and the testing cutoffs should be demonstrably affordable. Challenges to any of those elements can result in the exclusion of the check outcomes, thereby undermining the authorized foundation for any hostile motion taken because of the check. The intersection of those elements highlights the significance of making certain that each one features of the testing course of are performed with the utmost rigor and adherence to established authorized and scientific requirements to make sure admissibility in court docket.
7. Federal/State Rules
The intersection of federal and state laws kinds a fancy and sometimes conflicting framework that considerably influences authorized issues surrounding hair follicle drug testing. On the federal stage, sure businesses, such because the Division of Transportation (DOT), mandate hair follicle testing for safety-sensitive positions inside particular industries. These laws set up testing protocols, cutoff ranges, and chain-of-custody procedures that should be strictly adopted. Non-compliance may end up in substantial penalties for employers, together with fines and lack of working privileges. Consequently, employers should be certain that their testing packages align with all relevant federal necessities to mitigate authorized dangers. For example, trucking corporations working throughout state traces should adhere to DOT laws relating to drug testing, together with using hair follicle exams the place permitted, to keep away from federal sanctions. The authorized penalties of failing to adjust to these federal mandates may be extreme, underscoring the significance of understanding and adhering to the complicated regulatory panorama.
State legal guidelines additional complicate the image by introducing extra layers of regulation and safety for workers. Some states have enacted statutes that restrict the circumstances beneath which employers can conduct drug testing, together with restrictions on the sorts of exams that can be utilized and the explanations for testing. These state legal guidelines might impose stricter necessities than federal laws, requiring employers to navigate a twin system of compliance. For instance, a state regulation may prohibit using hair follicle exams for pre-employment screening, even when federal laws allow such testing for sure positions. In such instances, employers should adjust to the extra restrictive state regulation to keep away from potential litigation. State laws may deal with points resembling worker consent, confidentiality of check outcomes, and procedures for difficult constructive check outcomes. The interaction between federal and state legal guidelines creates a fancy regulatory internet that calls for cautious consideration from employers and authorized professionals.
In conclusion, federal and state laws play a pivotal position in shaping the authorized panorama surrounding hair follicle drug testing. Compliance with these laws is crucial to mitigate authorized dangers, defend worker rights, and make sure the integrity of the testing course of. The precise necessities range relying on the business, jurisdiction, and sort of testing being performed, necessitating an intensive understanding of the relevant federal and state legal guidelines. Authorized challenges typically come up from discrepancies between federal and state laws, insufficient compliance with testing protocols, or violations of worker rights. As such, employers should seek the advice of with authorized counsel and keep knowledgeable in regards to the evolving regulatory panorama to navigate the complicated authorized points related to hair follicle drug testing successfully.
8. Worker Rights
Worker rights are intrinsically linked to the authorized challenges arising from hair follicle drug testing. The potential for infringement upon these rights constitutes a big explanation for authorized disputes. Core worker rights, resembling the correct to privateness, the correct to due course of, and safety towards discrimination, instantly affect the permissible scope and implementation of such testing. For instance, an employer’s failure to keep up confidentiality of an worker’s check outcomes might result in a lawsuit alleging a violation of privateness. Equally, insufficient procedures for difficult constructive check outcomes might infringe upon an worker’s proper to due course of. Due to this fact, the popularity and safeguarding of worker rights symbolize a essential part in mitigating authorized dangers related to hair follicle drug testing packages.
The sensible significance of understanding the connection between worker rights and the legality of hair follicle drug testing lies within the want for employers to develop and implement legally compliant testing insurance policies. These insurance policies should clearly articulate the aim of the testing, the procedures for gathering and analyzing samples, and the results of a constructive check outcome. Moreover, they need to present staff with clear avenues for difficult check outcomes and making certain the confidentiality of their private info. Actual-life examples abound the place employers have confronted authorized challenges for failing to adequately defend worker rights within the context of drug testing. These instances underscore the significance of looking for authorized counsel to make sure that drug testing insurance policies are in line with relevant legal guidelines and laws, and that they respect the elemental rights of staff.
In abstract, the efficient safety of worker rights is crucial in navigating the authorized complexities surrounding hair follicle drug testing. Challenges typically stem from perceived or precise violations of privateness, due course of, and anti-discrimination legal guidelines. A complete understanding of those rights, coupled with the implementation of legally sound testing insurance policies, is essential for minimizing authorized dangers and making certain equity within the office. The popularity of worker rights shouldn’t be considered as an obstacle to office security however as an integral ingredient of a legally compliant and ethically accountable drug testing program.
Incessantly Requested Questions
The next addresses frequent inquiries relating to the authorized ramifications of hair follicle drug testing, offering readability on essential features of this complicated subject.
Query 1: What authorized recourse is accessible if a hair follicle drug check yields a false constructive outcome?
A person might pursue authorized motion for defamation, negligence, or wrongful termination, contingent upon the precise circumstances and jurisdiction. Establishing the falsity of the check and demonstrating damages are essential components in such litigation.
Query 2: Can an employer legally terminate employment primarily based solely on a constructive hair follicle drug check?
The legality of termination primarily based solely on a constructive hair follicle check varies relying on state and federal legal guidelines, employment contracts, and firm insurance policies. Some jurisdictions require extra proof of impairment or misconduct earlier than termination is permissible.
Query 3: What are the authorized limits relating to the size of time a hair follicle drug check can detect substance use?
Whereas hair follicle exams can usually detect drug use inside a 90-day window, the exact length can range primarily based on particular person metabolism, drug kind, and testing methodology. Authorized challenges might come up if the detected use is irrelevant to job efficiency or occurred throughout a interval of authorized substance use.
Query 4: How do privateness legal guidelines affect the gathering, storage, and dissemination of hair follicle drug check outcomes?
Federal and state privateness legal guidelines, resembling HIPAA and state-specific knowledge safety statutes, impose strict limitations on the gathering, storage, and dissemination of delicate medical info, together with hair follicle drug check outcomes. Violations may end up in civil and felony penalties.
Query 5: What authorized challenges can come up from the shortage of standardized testing protocols for hair follicle drug exams?
Variations in testing protocols amongst completely different laboratories can result in inconsistencies in outcomes, doubtlessly undermining the accuracy and reliability of the exams. Authorized challenges could also be primarily based on arguments that the testing methodology used was not scientifically sound or usually accepted inside the scientific neighborhood.
Query 6: What authorized protections are afforded to staff who refuse to endure hair follicle drug testing?
The best to refuse hair follicle drug testing varies relying on the jurisdiction and employment context. Some states have legal guidelines defending staff from hostile employment actions primarily based solely on refusal to check, whereas others allow necessary testing beneath sure situations.
Understanding these nuanced features of hair follicle drug check authorized points is paramount for employers, staff, and authorized professionals alike.
This info is meant for normal academic functions and shouldn’t be construed as authorized recommendation. Consulting with certified authorized counsel is really useful for particular authorized steering.
Navigating Hair Follicle Drug Take a look at Authorized Points
The next tips deal with essential issues to successfully handle the authorized complexities related to hair follicle drug testing.
Tip 1: Prioritize Regulatory Compliance: Employers ought to completely perceive and strictly adhere to all relevant federal, state, and native laws pertaining to drug testing. This contains, however isn’t restricted to, DOT tips, state privateness legal guidelines, and anti-discrimination statutes. Failure to take action will increase authorized vulnerability.
Tip 2: Implement a Complete and Defensible Testing Coverage: A well-defined drug testing coverage ought to articulate the aim of testing, procedures for pattern assortment and evaluation, penalties of constructive outcomes, and worker rights. Authorized counsel ought to evaluation the coverage to make sure compliance and defensibility.
Tip 3: Guarantee Rigorous Chain of Custody Procedures: Meticulously doc each step of the testing course of, from pattern assortment to laboratory evaluation. Sustaining an unbroken chain of custody is paramount for establishing the integrity of check outcomes and defending towards authorized challenges.
Tip 4: Choose a Licensed and Accredited Laboratory: Make the most of a laboratory that possesses acknowledged certifications and accreditations for forensic drug testing. This demonstrates adherence to business requirements and enhances the credibility of check leads to authorized proceedings.
Tip 5: Set up Clear and Scientifically Legitimate Cutoff Ranges: Cutoff ranges must be primarily based on sound scientific ideas and frequently reviewed to make sure accuracy and reliability. Keep away from arbitrary or unreasonably low cutoff ranges that would result in false positives and authorized challenges.
Tip 6: Present Workers with Due Course of: Implement honest and clear procedures for workers to problem constructive check outcomes. This contains the correct to request a retest, present various explanations, and enchantment hostile employment actions primarily based on check outcomes.
Tip 7: Preserve Strict Confidentiality: Shield the privateness of worker check outcomes and keep away from unauthorized disclosure of delicate info. Implement sturdy knowledge safety measures to forestall breaches and adjust to privateness laws.
These methods reduce authorized publicity and promote equity within the implementation of hair follicle drug testing packages. Adherence to those ideas contributes to a extra legally defensible and ethically sound method to office substance abuse detection.
The upcoming concluding part summarizes the first authorized issues pertinent to hair follicle drug testing.
Hair Follicle Drug Take a look at Authorized Points
The previous evaluation underscores the multifaceted nature of authorized issues pertaining to hair follicle drug testing. Key factors embody accuracy considerations, potential for discrimination, privateness rights, chain of custody protocols, testing cutoffs, admissibility in court docket, adherence to federal and state laws, and safeguarding worker rights. These components are interconnected, every influencing the authorized defensibility and moral implications of using this testing methodology.
A complete understanding of those authorized points is crucial for employers, staff, and authorized professionals. Vigilant consideration to regulatory compliance, sturdy testing insurance policies, rigorous procedural safeguards, and a dedication to defending particular person rights are important for navigating the complicated authorized panorama and mitigating potential liabilities. Continued scrutiny and adaptation to evolving authorized requirements stay mandatory to make sure equity and accuracy within the software of hair follicle drug testing.
