ATCP 77.23(3)(c)(c) An initial fee of $72 if the laboratory does not apply for approval to perform any visual read test.

ATCP 77.23(3)(d)(d) A fee of $36 for each individual, in excess of 3 individuals, that the department evaluates under sub. (4) at the time of the initial laboratory inspection under sub. (1) (c).

ATCP 77.23(3)(e)(e) An annual renewal fee of $72 for each annual renewal of the laboratory approval, except that the renewal fee is $36 if the laboratory qualifies under par. (b).

ATCP 77.23(3)(f)(f) A fee of $180 for each laboratory visit, other than the initial inspection under sub. (1) (c), that the department makes for the purpose of evaluating individuals under sub. (4). This single fee of $180 covers all of the individual evaluations performed during the department’s visit, regardless of the number of individuals evaluated.

ATCP 77.23(4)(4) Competency evaluation. Before the department approves an individual to perform a visual read test, the department shall observe and evaluate that individual’s competency to perform that test. The department shall use an appropriate FDA 2400 series form to conduct the evaluation.

ATCP 77.23 NoteNote: FDA 2400 series forms are on file with the department, the secretary of state and the legislative reference bureau.

ATCP 77.23(5)(a)(a) An individual approved to perform a drug residue screening test shall complete an annual proficiency evaluation. An evaluator approved by the department shall administer the annual proficiency evaluation. The department may approve the laboratory operator to serve as evaluator, except that an independent evaluator shall administer annual proficiency evaluations for analysts performing visual read tests. The evaluator shall report the results of each proficiency evaluation to the department within 7 days after the evaluation is completed.

ATCP 77.23(5)(b)(b) In a proficiency evaluation, the evaluated individual shall examine the number of samples required under either par. (d) or (e). The evaluator may prepare the samples used in proficiency evaluations, except for samples used in a visual read proficiency test. The contents of the samples shall be known only to the evaluator, and not to the evaluated individual. The evaluator shall evaluate the individual’s proficiency by comparing the individual’s results to the known contents of the samples, and shall report those results to the department.

ATCP 77.23(5)(c)(c) A proficiency evaluation under par. (a) shall be conducted according to a standard evaluation procedure that the department approves in writing. A standard evaluation procedure shall comply with this subsection and shall include standards for all the following:

ATCP 77.23(5)(d)(d) For a drug residue screening test other than a visual read test, a proficiency evaluation under par. (a) shall include 3 samples. To pass the proficiency evaluation, the individual shall interpret all 3 sample results correctly.

ATCP 77.23(5)(e)(e) For a visual read test, a proficiency evaluation under par. (a) shall include at least 6 but not more than 20 samples. To pass a proficiency evaluation involving 6 to 10 samples, an individual shall interpret no more than one sample result incorrectly. To pass a proficiency evaluation involving 11 to 20 samples, an individual shall interpret no more than 2 sample results incorrectly.

ATCP 77.23(6)(a)(a) If an individual approved to perform a drug residue screening test fails his or her first annual proficiency evaluation related to that test, the individual is no longer approved to perform that test.

ATCP 77.23(6)(b)(b) If an individual approved to perform a drug residue screening test passes his or her first annual proficiency evaluation related to that test, but subsequently fails 2 consecutive annual proficiency evaluations, the individual is no longer approved to perform that test.

ATCP 77.23(6)(c)(c) The department may restore an approval lost under par. (a) or (b) if the individual completes a training program approved by the department and passes an on-site competency evaluation under sub. (4). If the individual subsequently fails his or her first annual proficiency evaluation related to the drug residue screening test, the individual may no longer perform that test. The department may again restore the approval if the individual again meets the restoration requirements under this paragraph.

ATCP 77.23(7)(7) List of approved analysts. The department shall maintain, for each laboratory approved under sub. (1), a list of individuals currently approved to perform drug residue screening tests at that laboratory. The list shall identify the drug residue screening tests that each individual is approved to perform.

ATCP 77.23(8)(a)(a) A laboratory operator shall notify the department within 30 days after any of the following occurs:

ATCP 77.23(8)(b)(b) A laboratory operator shall notify the department within 7 days after a staffing change if, as a result of that change, the laboratory has no individuals approved under sub. (2) to perform a drug residue screening test that the laboratory is authorized to perform.

ATCP 77.23 HistoryHistory: Emerg. cr. eff. 11-15-01; CR 01-124: cr. Register December 2002 No. 564, eff. 1-1-03; CR 07-006: r. and recr. (1), am. (3) (d) and (f), Register January 2008 No. 625, eff. 2-1-08; CR 07-037: am. (3) (a) and (c) to (e) Register April 2008 No. 628, eff. 5-1-08; CR 14-073: am. (1) (a), (b) 2. Register August 2016 No. 728, eff. 9-1-16; CR 19-076: am. (3) (a), (b) (intro.), (c) to (f) Register May 2020 No. 773, eff. 6-1-20.

ATCP 77.24(1)(1) Annual proficiency evaluation required. Except as provided in sub. (4), the department may not renew an analyst’s certification to perform any test listed under s. ATCP 77.02 (1) or (2) unless, within the year immediately preceding that renewal, the analyst passes a proficiency evaluation for that test. The proficiency evaluation shall comply with this section.