Administrative Code

Virginia Administrative Code
10/7/2022

Part IV. Procedures for Taking Saliva or Tissue Sample

6VAC40-40-60. Collection of samples.

The samples shall be collected during booking by the sheriff's office, police department or regional jail responsible for booking upon arrest.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Formerly 6VAC20-210-60 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-60, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-40-70. Buccal sample kits.

Saliva and tissue samples shall be collected using buccal sample kits specified and distributed by the department. Each buccal sample kit shall contain a submission form, at least one buccal sample collection device and instructions on the procedure for using the device. These instructions shall be followed when collecting the buccal samples.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Formerly 6VAC20-210-70 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-70, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-40-80. When buccal sample kits are unavailable.

In circumstances where a buccal sample kit is unavailable, the department may accept samples collected without using the buccal sample collection devices contained in the buccal sample kits. These samples shall be collected through the use of sterile swabs and satisfy the sealing and labeling requirements of 6VAC40-40-90.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Formerly 6VAC20-210-80 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-80, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-40-90. Sealing and labeling samples.

All saliva and tissue samples collected shall be placed in sealed, tamper-resistant containers. Samples shall be submitted with the following identifying information: the arrestee's name, social security number, date of birth, race and gender; the name of the person collecting the samples; the date and place of collection; information identifying the arresting or accompanying officer; the qualifying offense; and the document control number (DCN).

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Formerly 6VAC20-210-90 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-90, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-40-100. Transportation of samples to the department.

Samples shall be transported to the department in sealed containers not more than 15 days following collection. A copy of the arrest warrant or capias shall be included with the sample when it is transported to the department. Samples may be hand delivered or mailed to the department.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Formerly 6VAC20-210-100 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-100, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

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