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法規名稱(Title) Regulations of Urine Specimen Collection for Sexual offenders under Probation/Parole SupervisionCh
公發布日(Date) 2018.09.14
法規沿革(Legislative) 1.Promulgated on July 26,2005 by the order of Ministry of Justice of No.0941000852;effected on August 5. 2005
2.Amended on January 05, 2012
3.Amended on May 31, 2016
4.Amended on September 14, 2018
法規內文(Content)



































































Article 1 The Regulations herein are enacted pursuant to Article 20, Paragraph 7 of the Sexual Assault Crime Prevention Act (hereinafter referred to as "the Act").
Article 2 For the sexual offender, who is under probation/parole supervision, and has reasons for suspicion of drug abuse, where the probation/parole officer orders the offender (hereinafter referred to as "examinee") to take a urinalysis, such test shall be conducted according to the Regulations herein.
Article 3 The district prosecutors office or the military district prosecutors office, which is responsible for collecting the urine specimen and conducting the urinalysis, shall set up a urinalysis room with essential equipment and appoint specialists to conduct the test.
The district prosecutors office or the military district prosecutors office may entrust the urinalysis to other capable institutions/ organizations whenever the situation requires.
Article 4 While collecting the urine specimen, the urinalysis specialist shall pay due regard to the examinee's safety and reputation, and shall not take any measure beyond necessity.
Article 5 Where the examinee is female, a female urinalysis specialist shall be assigned to conduct the test.
Article 6 The urinalysis specialist, along with his or her staff members, if any, shall not disclose any confidential information concerning the urinalysis affairs or any individual information whatsoever about the examinee known to him/her during his/her service of duty.
Article 7 The urinalysis specialist, along with his or her staff members, if any, shall not disclose any confidential information concerning the urinalysis affairs or any individual information whatsoever about the examinee known to him/her during his/her service of duty.
Article 8 After holistic review of the relevant information about the examinee's criminal record, the condition of the probation/parole supervision, and the results of the evaluations and treatments made by the correctional institutions and the sexual assault prevention center, the probation/parole officer may order the examinee to take the urinalysis on a regular or random basis.
Article 9 The examinee shall obey the following rules:
1.   Subjecting him or her to check on identification by the urinalysis specialist while registering;
2.   Signing the examinee's name on the chain of custody form or any other relating documents provided by the urinalysis specialist;
3.   Not carrying any personal items during collection of urine specimen;
4.   Washing hands and drying them thoroughly before collection of urine specimen;
5.   The amount of the urine specimen collected shall be no less than 60 milliliter. If no or an insufficient amount of urine specimen is collected, the examinee shall drink 250 milliliter water in every 30 minutes provided by the urinalysis specialist to help urinate. Nevertheless the urinalysis specialist shall not provide more than 750milliliter water in total for the purpose of specimen collection.
6.   The urine specimen shall be recollected if any of the following situations arises:
(1) The temperature of the urine specimen not reaching 32 degree Celsius, or exceeding 38 degree Celsius, or suspensions in the urine specimen being detected, or anomaly being apparent in the color of the urine specimen;
(2) Any other situation where the urinalysis specialist deems necessary, and permitted by the probation/parole officer accordingly.
Article 10 The urinalysis specialist shall monitor the whole process of urine collection and analysis, and pay attention to the following procedures:
(1) Urine specimen shall be separated into two containers for this purpose, with each containing no less than 30 milliliter. These containers shall be sealed by the examinee with her/his left thumb's fingerprint;
(2) For every urine specimen, a chain of custody form shall be made by the urinalysis specialist. Such record shall contain the information, from collecting urine specimen through transporting to the institution/organization for the testing, about the operating procedures undergone, timing, personnel, purpose, data of the urine specimen, and its important traits, etc. The above record shall be delivered with the urine specimen (including suspiciously falsified urine specimen, if any) for test.
(3) Urine specimen shall be stored in a freezer with lock under 6 degree Celsius before sending out for test, and be checked at any time.
Article 11 The testing-items in the urinalysis include opium metabolite (Morphine and Codeine) and amphetamine-category drugs (Amphetamine and Methamphetamine). Such items may be adjusted or increased after considering the actual condition of the examinee where necessary.
Article 12 The urinalysis institution/organization and the analysis process referred to in the Regulations herein are regulated pursuant to Article 33, Section 1 of the Drug Prevention Act.
Article 13 For the purpose of controlling the quality of the urinalysis conducted by the entrusted institution/organization, the district prosecutors office or the military district prosecutors office shall use blind performance test specimen in making trial-test.
The urine specimen sent by the district prosecutors office or the military district prosecutors office to the newly entrusted urinalysis institution/organization shall contain more than 3% blind performance test specimens within the first three months after the initial act of entrusting. Following the aforementioned three-month period, the specimens sent for test shall include more than 1% blind performance test specimens.
Of all the blind performance test specimens for the above purpose, 80% shall be negative, and 20% shall be positive. Those positive blind performance test specimens shall primarily contain the drugs specified in the testing-items of the urinalysis. The concentration of the drug in the specimen shall fall between 1.5 and 2 times where the threshold level is set to be, and the test result shall mainly be positive and negative.
Article 14 Where the district prosecutors office or the military district prosecutors office finds anomaly in the testing result of the blind performance test specimens, the aforementioned office shall inform the Taiwan High Prosecutors Office or the Prosecutors Office, Military High Court, and also request the entrusted urinalysis institution/organization and the Food and Drug Administration, Ministry of Health and Welfare to handle the situation.
Upon receiving such request, the entrusted urinalysis institution/organization shall investigate the cause(s) and report back in writing. Where the anomaly in the above test result is due to flaws in the testing technique or the methodology therein, the whole urine specimens delivered during this time shall be tested again.
Article 15 If the district prosecutors office or the military district prosecutors office disputes the result of the urinalysis, it may order the original entrusted institution/organization to conduct a re-examination or send the specimens to other urinalysis institution/organization for alternative test.
Article 16 The Regulations herein shall be effective on January 1, 2012.
The articles of the Regulations amended herein as of May 31, 2016 shall be implemented from December 23, 2015.
The articles of the Regulations amended herein as of September 14, 2018 shall be implemented from May 25, 2018.