Pubdate: Sun, 27 Apr 2003 Source: Frederick News Post (MD) Copyright: 2003 Great Southern Printing and Manufacturing Company Contact: http://www.fredericknewspost.com/contact/contactfinalnew.cfm?contact=letters Website: http://www.fredericknewspost.com/ Details: http://www.mapinc.org/media/814 Author: Michelle Yoffee-Beard DRUG TESTING OPTIONS SOUGHT GAITHERSBURG -- In front of a chuckling Frederick County courtroom, a prosecutor suggested that a convicted drug-dealer tried to evade a urine screening by wearing a fake penis rigged with a thermometer, a belt and reconstituted urine crystals. Quite possibly he was using the Whizzinator, a product ordered on the Internet for $150. Over the years, officials have become hip to the old bait-and-switch trick of using somebody else's clean urine in place of one that might fail a drug test. To help users pass these tests, an Internet industry has sprung up, profiting by helping those with drugs in their system produce a drug-free result.-- Law enforcement is trying to keep one step ahead of drug-users, and if the National Institute of Standards and Technology (NIST) is successful in its study of alternative ways to screen for drugs, such creativity may be moot. A recently released report from NIST revealed an aggressive program to use saliva and sweat instead of traditionally invasive methods. Using saliva or sweat allows noninvasive, on-the-spot collection of specimens, lessening the chance that samples might be altered. Susan Ballou, forensic sciences program manager for NIST, agreed that this might be a good way to stymie attempts to alter urine. More than that, she said, it's noninvasive. "Saliva and sweat collection is the least-invasive method. It doesn't get any more mundane than that," she said. "If this works out like we think it will, it will be the way to go," Ms. Ballou said. But Montgomery County State's Attorney Douglas F. Gansler believes that current urine testing is not overly invasive and is very efficient. "Each defendant has jail hanging over their head. If they try to get around drug-testing, they are brought back before judge who can punish the defendant as he or she sees fit," Mr. Gansler said. "Clearly the alternative of drug-testing for defendants is preferable to being in jail," he said. Sweat, the NIST report states, has the potential to estimate the actual circulating concentration of drugs. Also, it is less complex and is more easily prepared for analysis, leading to a potentially new tool for law enforcement. Preparations are now being made for a full field test at the D.C. Pretrial Services Agency. Frederick County State's Attorney Scott L. Rolle said he supports alternative and noninvasive drug testing. "An on-the-spot test would be great, especially if you don't have to wait for results," he said. "My only concern is that defense attorneys will fight it until they are assured that it is accurate." Mr. Rolle said he can't remember the last time a urine drug test was challenged in court. No laws would specifically punish somebody trying to outmaneuver a urine test, he said. But Mr. Gansler said that it could be argued that such people are in contempt of court. "It would be a stretch, but a person who is complying with the conditions of their release would have no reason to circumvent the test," Mr. Gansler said. Urine samples now are collected under a very strict protocol. Those being tested are given a sterile cup to urinate in, which is then sealed and labeled with identifying information and sent to a laboratory, with results returned in about two weeks. All of this is observed by a law enforcement agent. Racine Winborne, spokeswoman for the Maryland Division of Probation and Parole, said many precautions are taken with urine-testing to avoid receiving fraudulent specimens. "We generally require observed specimen collections in order to make sure that samples are handled, identified properly and not adulterated. When we observe, males observe males and females are assigned to females," she said. Ms. Ballou touts that in addition to convenience, saliva and sweat testing have an added safety bonus. "There are issues with transmission of diseases through both urine and blood testing and saliva or sweat testing would eliminate that safety hazard for the collector," she said. "If we can do this and get the exact same data without the risk, why not?" Ms. Ballou said. According to NIST documents, sweat-testing seems to be much more accurate than saliva. In a sweat test, a patch is applied to a person and when the patch is worn, sweat is absorbed into it, depositing drug evidence along with liquid perspiration. The cost of sweat testing is about the same as urinalysis testing, making it a viable option in the future. Ms. Winborne, though, is not concerned at this point with alternative testing because for the large majority of the time, urine testing is working. Although urine testing is still the method of choice, Ms. Winborne and others acknowledge that it is not infallible and people occasionally do try to scam their way through the test. "People will try many things to circumvent the system, so anything's possible. Most of the offenders will use money to buy drugs, so somebody who would use expensive products to defraud the system has got to be an offender with resources. If they had $100 in their pocket to spend, it would be on drugs," Ms. Winborne said. Mr. Gansler said it is very difficult to thwart tests. "If they can do it in the short term, they won't be able to do it for long," he said. Mr. Rolle agreed and said he has seen cheaters try many methods to produce clean urine. "I've seen them consume large quantities of lemon juice and drink herbal teas," he said. "If this guy (that appeared in Frederick court last week) spent as much time and effort with his recovery and living a good life, he would set the world on fire. Instead he's in big trouble," Mr. Rolle said. - --- MAP posted-by: Keith Brilhart