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DoD Directive 1010.1 Military Personnel Drug Abuse Testing Program (September 13, 2012)

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

ENCLOSURE 2 MPDATP GUIDANCE

Comments: MPDATP stands for Military Personnel Drug Abuse Testing Program

1. This mandatory program guidance is provided for the implementation, management, and oversight of the MPDATP.
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g. Use of collection codes to document the basis for military drug abuse urine testing:

  • (1) Inspection. Use collection code ‘IO’ during any random inspection or examination collection pursuant to the Military Rules of Evidence (M.R.E.) 313, Manual for Courts Martial (Reference (i)). Random collections can be subdivided as:

(a) Use collection code ‘IU’ for a random inspection or examination of an entire unit.

(b) Use collection code ‘IR’ for a random inspection or examination of an individual(s) within a unit.

  • (2) Probable Cause. Use collection code ‘PO’ during a probable cause collection search or seizure when there is reasonable belief that the urine to be collected contains evidence of illegal drug use, pursuant to the M.R.E. 315 of Reference (i).
  • (3) Consent. Use collection code ‘VO’ when a Service member voluntarily agrees to participates in urine collection as part of a consent search pursuant to the M.R.E. 314(e) of Reference (i).
  • (4) Rehabilitation. Use collection code ‘RO’ for collections conducted during a Service member’s participation in a drug treatment and rehabilitation program, as prescribed by the Military Department.
  • (5) Safety Mishap. Use collection code ‘AO’ for collections following any incident considered a safety mishap under the regulations of the Service involved. Except as provided in subparagraph 1.h.(1)(b) of this enclosure, a specimen may be collected from any individual directly or indirectly involved with the incident. Such samples collected may be used for any lawful purpose, including but not limited to:

(a) Use consistent with applicable M.R.E. (Reference (i));

(b) Disciplinary action under the UCMJ; or

(c) Inclusion as independently collected evidence in a safety mishap investigation or other investigations.

  • (6) Command-Directed. Use collection code ‘CO’ 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 (e.g., aberrant, bizarre, or uncharacteristic behavior; unauthorized absences; violations of safety regulations; breaches of discipline; or other similar behavior).
  • (7) Medical. Use collection code ‘MO’ for urine collections pursuant to M.R.E. 312, Reference (i) procured during any examination for a valid medical purpose, such as emergency treatment, periodic physical examinations, and such other medical examinations as necessary for diagnostic or treatment purposes.
  • (8) New Entrant. Use collection code ‘NO’ when a collection is provided during the preaccession physical or initial period of military service (including a Reserve Component). The policy on pre-accession or new entrant drug testing and dependency evaluation is in section 978 of Reference (g).
  • (9) Other. Use collection code ‘OO’ for collections conducted under other circumstances, as allowed by Reference (i).

h. The use of an approved military drug abuse testing result is permitted in the following circumstances for the stated purposes provided.

  • (1) Urinalysis results may be used as evidence in disciplinary actions under the UCMJ, and in administrative actions (including separation from the Military Service), except when:

(a) A Service member voluntarily submits to a DoD treatment and rehabilitation program (before the receipt of an order to appear for a 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:

  • 1. As required for national security, such as suspension and processing for removal of access to classified information or retention in a sensitive position; or
  • 2. For non-punitive or administrative action, including separation for drug abuse if the Service member is considered a rehabilitation failure or if information substantiates continued drug abuse after initial entry into the treatment or rehabilitation program. Separation based on such records must be under honorable conditions.

(b) In certain safety investigations, a safety investigator has given a promise of confidentiality to an individual who provides evidence for the investigation to encourage frank or open communications. The privileged safety information shall not be used to support disciplinary or adverse administrative action, to determine the misconduct or line-of-duty status of any personnel, or as evidence before any evaluation board. Uses of privileged safety information shall be in accordance with DoDI 6055.07 (Reference (j)).

(c) A Service member is tested for possible drug use as part of a command-directed urinalysis, as in subparagraph 1.g.(6) of this enclosure. Results of a command-directed urinalysis test may be used as a basis for administrative action, including separation, but shall not be used as the basis for an action under the UCMJ or be considered in the issue of characterization of service in a separation proceeding.

(d) A Service member is tested for a controlled substance for which he or she has a valid prescription from a licensed medical authority and has taken the substance pursuant to the prescription and the licensed medical authority’s direction.