Community | August 14, 2008 | 1 comment

Change sought in parole regulation

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TravG73
The state agency that supervises probationers and parolees would no longer use drug testing as the basis for substance abuse treatment or counseling under a proposed regulation change.

The proposal comes amid a dispute between the Arkansas Department of Community Correction and a federal agency over whether the department is required to have a federal certification to perform drug testing on its 49, 000 probationers and parolees.

Under the federal Public Health Service Act’s Clinical Laboratory Improvement Amendments of 1988, certification is required of any laboratory that performs testing to assess someone’s health or to diagnose, prevent or treat an illness.

Testing performed solely for law-enforcement purposes is exempt, and the Community Correction Department contends that its testing falls under that exemption.

But the federal Centers for Medicare and Medicaid Services says the department’s testing requires certification because it is sometimes followed by counseling and treatment.

The federal agency has given Arkansas until Sept. 29 to apply for a certificate or stop drug testing.
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