§ 995-b. Powers and duties of the commission. 1. The commission shall\ndevelop minimum standards and a program of accreditation for all\nforensic laboratories in New York state, including establishing minimum\nqualifications for forensic laboratory directors and such other\npersonnel as the commission may determine to be necessary and\nappropriate, and approval of forensic laboratories for the performance\nof specific forensic methodologies. Nothing in this article shall be\ndeemed to preclude forensic laboratories from performing research and\nvalidation studies on new methodologies and technologies which may not\nyet be approved by the commission at that time.\n In designing a system of accreditation pursuant to this article, the\ncommission shall evaluate other systems of accreditation.\n 2. The minimum standards and program of accreditation shall be\ndesigned to accomplish the following objectives:\n (a) increase and maintain the effectiveness, efficiency, reliability,\nand accuracy of forensic laboratories, including forensic DNA\nlaboratories;\n (b) ensure that forensic analyses, including forensic DNA testing, are\nperformed in accordance with the highest scientific standards\npracticable;\n (c) promote increased cooperation and coordination among forensic\nlaboratories and other agencies in the criminal justice system;\n (d) ensure compatibility, to the extent consistent with the provisions\nof this article and any other applicable provision of law pertaining to\nprivacy or restricting disclosure or redisclosure of information, with\nother state and federal forensic laboratories to the extent necessary to\nshare and exchange information, data and results of forensic analyses\nand tests; and\n (e) set forth minimum requirements for the quality and maintenance of\nequipment.\n 2-a. Any program of forensic laboratory accreditation with respect to\na DNA laboratory pursuant to this section shall be under the direction\nof the DNA subcommittee established pursuant to subdivision thirteen of\nthis section. Such subcommittee shall have the sole authority to grant,\ndeny, review or modify a DNA forensic laboratory accreditation pursuant\nto this article, provided that such authority shall be effectuated\nthrough binding recommendations made by the DNA subcommittee to the\ncommission. In the event the commission disagrees with any of the\nbinding recommendations of the DNA subcommittee made pursuant to this\narticle, the commission may so notify such subcommittee and request such\nsubcommittee to reasonably review such binding recommendations. The DNA\nsubcommittee shall conduct such review and either forward revised\nbinding recommendations to the commission or indicate, with the reasons\ntherefor, that following such review such subcommittee has determined\nthat such binding recommendations shall not be revised.\n 3. The program of forensic laboratory accreditation shall include, at\na minimum, the following requirements:\n (a) an initial laboratory inspection, and routine inspections, as\nnecessary, to ensure compliance with accreditation requirements;\n (b) routine internal and external proficiency testing of all\nlaboratory personnel involved in forensic analysis, including blind\nexternal proficiency testing if the commission, or the DNA subcommittee\nas the case may be, determines such a blind proficiency testing program\nto be practicable and appropriate. In determining whether a blind\nproficiency testing program is practicable and appropriate, the\ncommission, or the DNA subcommittee as the case may be, shall consider\nsuch factors as accuracy and reliability of laboratory results,\ncost-effectiveness, time, allocation of resources, and availability;\n (c) quality control and quality assurance protocols, a method\nvalidation procedure and a corrective action and remedial program;\n (d) annual certification to the commission by the forensic\nlaboratories of their continued compliance with the requirements
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