10.51.02.01

.01 Responsibilities of the Department.

A. The Department shall conduct audits, as set forth in this chapter, of forensic laboratories that obtain or retain a license.

B. Audits. The Department shall:

(1) Conduct or oversee an announced or unannounced audit of a forensic laboratory, at any time during a forensic laboratory’s hours of operation, to assess compliance with applicable sections of Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland, and this subtitle; and

(2) Examine, as part of an audit, a forensic laboratory’s facilities, equipment, quality assurance records and procedures, operating procedures, employees, employee records, proficiency testing, results and reports of forensic analyses, and other records and files pertinent and subject to this subtitle.

C. Issuance of Licensing Documents. The Department shall:

(1) License a person to operate a forensic laboratory by issuing a license when the forensic laboratory is in compliance with the applicable standards set forth in this subtitle; and

(2) Issue a license that includes the:

(a) Name of the forensic laboratory;

(b) Name of the licensee or owner;

(c) Name of the forensic laboratory director;

(d) Expiration date of the license; and

(e) Forensic science disciplines and subdisciplines in which the forensic laboratory is authorized to perform forensic analyses.

D. Administration and Information Management. The Department shall:

(1) Maintain a list of licensed forensic laboratories;

(2) Document information regarding denial, suspension, or revocation of a license and submit this documentation to the Secretary;

(3) Monitor the proficiency testing performance of a forensic laboratory required to participate in proficiency testing;

(4) Impose alternative sanctions and initiate actions leading to imposition of principal sanctions against a forensic laboratory under the appropriate provisions of this subtitle and Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland.

E. Forensic Laboratory Advisory Committee.

(1) The Secretary shall provide staff for the Forensic Laboratory Advisory Committee established by the Governor pursuant to Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland.

(2) The Forensic Laboratory Advisory Committee:

(a) Shall advise the Secretary on matters relating to forensic laboratories as set forth in Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland; and

(b) May make recommendations to the Secretary concerning the:

(i) Implementation of the requirements for forensic laboratories set forth in Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland;

(ii) Regulations required by Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland; and

(iii) Department’s oversight and licensing of forensic laboratories.