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DoD Directive 1010.1 Military Personnel Drug Abuse Testing Program (11 Jan 1999)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

3.3. Circumstances for Urinalysis Testing

3.3.1. Inspection. During an inspection or examination of all or part of a unit conducted in accordance with the Military Rule of Evidence 313, MCM, 1984, reference (i).

3.3.2. Probable Cause. During a probable cause search or seizure when there is reasonable belief that the urine to be collected contains evidence of illegal drug use, in accordance with the Military Rule of Evidence 315 of reference (i).

3.3.3. Consent. When provided voluntarily by a Service member as part of a consent search conducted, in accordance with the Military Rule of Evidence 314(e) of reference (i).

3.3.4. Rehabilitation. During a Service member's participation in a drug treatment and rehabilitation program, as prescribed by the Military Department concerned.

3.3.5. Safety Mishap. Following any incident that may be considered a safety mishap under the regulations of the Service involved, a specimen may be collected from any individual directly or indirectly involved. Samples so collected may be used for any lawful purpose, including but not limited to: use consistent with the Military Rules of Evidence, disciplinary action under the UCMJ (reference (g)), or inclusion as independently collected evidence in a safety mishap investigation or other investigations. Specimens subsequently collected as part of a mishap investigation, formally convened in accordance with Service regulations, will be collected, tested, and reported out in a manner consistent with DoD Instruction 6055.7 (reference (j)) and applicable Service instructions. The results of the testing of those specimens may be protected and of limited use as determined by applicable Service regulations.

3.3.6. Command-Directed. During a command-directed examination of a Service member to determine the Service member's competence for duty or the need for counseling, rehabilitation, or other medical treatment when the commander has reason to question the Service member's competence for duty (i.e., aberrant, bizarre, or uncharacteristic behavior; unauthorized absences; violations of safety regulations; breaches of discipline; or other similar behavior).

3.3.7. Medical. During any examination for a valid medical purpose, such as emergency treatment, periodic physical examinations, and such other medical examinations as are necessary for diagnostic or treatment purposes in accordance with Military Rule of Evidence 312, reference (i).
3.4. Use of Urinalysis Results

3.4.1. Urinalysis results may be used as evidence in disciplinary actions under the UCMJ (reference (g)) and in all adverse administrative actions (including separation from the Military Service), except in the following circumstances when: A Service member voluntarily submits to a DoD treatment and rehabilitation program (before the receipt of an order to appear for a lawful urinalysis) or the urinalysis is administered as an integral part of the rehabilitation program. This limitation does not apply to, or prohibit the use of, the urinalysis results: As required for national security, such as suspension and processing for removal of access to classified information; retention in a sensitive position; or If the Service member is considered a rehabilitation failure of that program, except that tests conducted as an integral part of the rehabilitation program will continue to be protected by limited use; or If the information substantiates continued drug abuse after initial entry into the treatment or rehabilitation program, except that tests conducted as an integral part of the rehabilitation program will continue to be protected by limited use; or The outcome of the positive result is a non-punitive or administrative action, including separation for drug abuse. Any separation based on such records may not be under other than honorable conditions. A Service member is tested for possible drug use as part of a limited use safety mishap investigation undertaken for accident analysis and the development of countermeasures. Testing procedures and requirements prescribed by DoD Instruction 6055.7 (reference (j)) shall apply. Results may be used in administrative actions, including separation, but not in an action under the UCMJ (reference (g)) or be considered in the issue of characterization of Service in a separation proceeding.