Outside Section 56
Data Current as of: 7/7/2012
Chapter 22C of the General Laws is hereby amended by striking out section 39, as so, and inserting in place thereof the following 3 sections:-
Section 39. (a) The department shall, free of charge, or the University of Massachusetts Medical School shall, under section 36B of chapter 75, make a chemical analysis of any narcotic drug, any synthetic substitute for the same, any preparation containing the same, or any salt or compound thereof, and of any poison, drug, medicine or chemical submitted to it by police authorities, as the department shall approve for this purpose; provided, however, that neither the department nor the medical school shall conduct such analysis unless it is satisfied that the analysis submitted to it is to be used in connection with the enforcement of law.
(b) A certificate by a chemist or analyst or other designated employee of the department or of the University of Massachusetts medical school of the result of the chemist's or analyst's or other designated employee's analysis, signed and sworn to by that chemist or analyst or other designated employee, shall be prima facie evidence of the composition, quality and, when appropriate, net weight of the substance or any mixture containing the substance.
(c) A signed certificate of drug analysis furnished by an analyst, assistant analyst or other designated employee of the Drug Enforcement Administration of the United States Department of Justice which conforms with the requirements of this section shall be prima facie evidence of the composition, quality and, when appropriate, net weight of the substance or any mixture containing the substance.
Section 39A. The department shall analyze, in accordance with sections 36 to 39, inclusive, of chapter 138, all samples of alcoholic beverages, as defined in section 1 of said chapter 138, submitted to it for that purpose by police authorities as provided in said section 36 if satisfied that the analysis is to be used in enforcing the laws.
Section 39B. The director of the crime laboratory within the department shall establish procedural rules and policies governing the department's testing and analysis of drug samples and shall establish a quality assurance program for the department, which shall include proficiency standards for its laboratories and analysts responsible for performing drug testing and analysis. The procedural rules and quality assurance program shall be compatible with the laboratory's accreditation procedural rules and shall establish compatible laboratory techniques, laboratory equipment, supplies, computer software and acceptance criteria for laboratory accreditation.