The purpose of this Section is to establish a minimum standard
for supplying toxicological evidence and is not intended to limit the
production or discovery of material information. For subpoenas seeking the
disclosure of records in addition to case file information, the testing
laboratory will provide the following listed items for all prosecutions,
post-trial and post-conviction proceedings. The proponent offering the
toxicology evidence shall provide or otherwise make available to the adverse
party all relevant materials, which includes:
a) Copies of the records contained in the
case file, including all reports, notes, phone logs, data and quality issue
documentation relating to the testing performed in the case;
b) Copies of standards and controls utilized
in the case that reflect compliance with quality control guidelines or
standards employed during the testing process;
c) Copies of the toxicology standard
operating procedures utilized in the particular case analysis;
d) Proficiency testing results from the last
test prior to the date of the case report and two years prior to that
date;
e) Current curriculum vitae
for forensic scientists or others involved in the testing and analysis of
toxicology evidence in the case;
f)
Reports explaining any discrepancies in the testing, observed defects or
laboratory errors in the particular case, as well as the reasons for and the
effects of those defects/errors;
g)
Copies of chain of custody documentation for each item of evidence subjected to
toxicology testing in the particular case;
h) Copies of accreditation certificates and
individual testing certifications, relating to the laboratory and/or
individuals performing the specific tests in the particular case, that were in
effect at the time of testing;
i)
Copies of instrumental sequence logs for each item of evidence subjected to
toxicology confirmatory testing in the particular case;
j) Copies of instrumental maintenance logs
for one year ending the date each item of evidence was subjected to toxicology
testing in the particular case;
k)
If ethanol testing was conducted and measurement uncertainty calculated, data
utilized for MU will be provided; and
l) Validation studies, when
available.