# COMAR Title 10 — Maryland Department of Health

## Subtitle 51 — Forensic Laboratories

### Chapter 04 — Proficiency Testing

**Authority:** Health-General Article, Title 17, Subtitle 2A, Annotated Code of Maryland

**Administrative History:** Effective date: May 28, 2012 (39:10 Md. R. 660)

#### Regulation .01 Proficiency Testing — General.

*COMAR 10.51.04.01*

A. Proficiency Testing. Each year a licensee shall participate in an external proficiency testing program for each forensic science discipline in which the laboratory performs forensic tests and examinations, including but not limited to:

  (1) Firearms and toolmarks;

  (2) Questioned documents;

  (3) Latent prints;

  (4) Trace evidence;

  (5) Biology;

  (6) Controlled dangerous substances; and

  (7) Toxicology.

B. Proficiency Testing Performance and Participation Requirements.

  (1) Annually, a forensic analyst shall:

    (a) Participate in a proficiency test for each discipline for which the forensic analyst is qualified to perform tests or examinations for casework; and

    (b) Perform the proficiency testing analysis using the same methods and procedures routinely used for performing the forensic analysis of casework.

  (2) For each subdiscipline for which a forensic analyst performs casework, the forensic analyst shall perform proficiency testing at least once in the 3-year license period or if applicable within the required time period outlined by the accreditation organization.

C. Proficiency Testing Performance, Participation Schedule, and Documentation. The quality assurance manager or technical leader, as designated by the director, shall:

  (1) Establish a formal, written proficiency testing protocol covering both external and internal proficiency tests for each forensic science discipline and subdiscipline in which the laboratory performs tests and examinations; and

  (2) Document and maintain all records of proficiency testing and results for each individual forensic analyst required to participate in proficiency testing.

#### Regulation .02 Proficiency Testing — Forensic DNA Analysis.

*COMAR 10.51.04.02*

Regardless of whether the individual provides results or conclusions, an individual who provides technical support for DNA analysis, performs DNA analysis, or is designated by the technical leader as a participant in DNA casework, shall meet the proficiency testing requirements set forth in 42 U.S.C. §14131, which is incorporated by reference.

#### Regulation .03 Proficiency Testing Provider Approval.

*COMAR 10.51.04.03*

A. Approval Required. A private, nonprofit, or commercial organization or government agency may not provide a proficiency test in this State for use by a forensic laboratory without first obtaining proficiency testing approval from the Department.

B. Approval Granted by the Secretary. The Department may approve a proficiency testing provider for a forensic science discipline or subdiscipline, if the proficiency testing provider:

  (1) Provides reliable, documented evidence to the Department that the proficiency test is technically and administratively able to meet the applicable requirements of this chapter; and

  (2) Submits directly to the Department evaluations of all proficiency test results from each laboratory that holds a Maryland forensic laboratory permit.