National Preventive Mechanism
Ministry only wishes
to supplement not
replace
However, the introduction of saliva tests will not result in the complete
discontinuance of urine tests, especially since the immediate availability of
results will continue to be indispensable to the everyday management of the
prison – e.g. for random testing after inmates return from an excursion or a
day release. Therefore, there is a need for a balanced concept, which, on one
hand, determines when saliva tests and urine tests should be used, and, on
the other hand, determines which parameters of a saliva sample should be
subjected to analysis. The order volume will generally depend on this concept.
If there is nationwide implementation, there will have to be an invitation
to tender under the Federal Public Procurement Act (Bundesvergabegesetz)
– even if costs are estimated conservatively. The nationwide invitation to
tender should also result in a price reduction.
NPM includes outside
opinions in assessment
In the view of the NPM, saliva testing has more advantages than
disadvantages despite the shortcomings identified to date (higher costs and
lack of immediate availability of the test results). This was also made clear
at a symposium on the topic of “Narcotic Substances Act (Suchtmittelgesetz)
in Practice”, in which the NPM participated, held at Technical University
Vienna in December 2014.
As scientists and practitioners stated on that occasion, certain substances
(e.g. cocaine, amphetamines) can be detected better and for a longer time in
saliva. Other substances can be detected sooner in saliva than in urine, e.g.
cannabis. Another advantage of the saliva test is that the test results cannot
be “diluted” and therefore falsified by drinking a lot of water in advance.
Another problem is that the results of the urine strip test currently in use
depend on the subjective observations of the person who evaluates the
strip. The lighting conditions at the time also play a role in this. Moreover,
quick test urine strips lack sufficient forensic validity. The latter can only be
achieved by a special gas chromatographic investigation (GC/MS analysis)
by a laboratory. Only this procedure yields a clear result.
In summary, the NPM cannot accept the argument based on the immediate
availability of results when urine strip quick tests are used due to the short
analysis time in the chemical laboratories and the option of electronic
transmission of the results.
With respect to costs, it should be noted that costs are naturally higher if the
test results are analysed by a chemical laboratory. However, if a forensically
valid analysis (by a laboratory) is obtained, urine tests and saliva tests are
almost equally cost-intensive.
¾¾ Saliva tests should replace urine tests because they are less intrusive
by nature.
¾¾ All institutions should make saliva tests available as soon as possible.
150
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