9 NYCRR 6192.6

At least once per year, audits will be conducted by the division of all forensic DNA laboratories to assure that no illegal disclosures of DNA records have taken place. This audit will verify that all necessary documents required for accessing and controlling DNA records and their associated information have been appropriately completed, and compliance with the laboratory's approved information systems plan. These documents include, but are not limited to, the use and dissemination agreements between the laboratory and user agencies or the division; search request forms and search result forms; and case disposition query forms. In addition, the audit will review the participant laboratory's standard operating procedure (SOP) related to these procedures to ensure that the SOP is complete and up-to-date. The division may develop a standardized audit checklist to assist in completion of the required audits. The division may provide the audit report to the laboratory for remediation of any findings, if necessary. Within 90 days of the completion of the audit, the division shall submit a summary audit report to the chair of the DNA subcommittee, reporting the findings of the audit as well as any response from the laboratory and/or recommendations for changes. The DNA subcommittee shall review the audit report, and forward binding recommendations to the commission for action. Once DNA subcommittee and commission action on the audits are completed, the audit report shall be maintained by the division for three years from the date of the commission's final action related to the audit report, after which the audit report may be disposed. A record of disposition shall be maintained in the permanent files of the division for each forensic DNA laboratory.