14B NCAC 16 .0503          POLYGRAPH EXAMINATION REQUIREMENTS

Polygraph licensees and trainees shall adhere to the following:

(1)           Obtain written consent from the individual to be examined. The consent form shall be signed in the presence of the examiner and shall include a statement advising the examinee that he or she may terminate the examination at any time.

(2)           A printed or reproducible electronic copy of each chart collected, as well as documents associated with the examination such as reports, question sets, and signed consent forms, shall be retained by the examiner for a minimum of three years. The examiner shall record the following information:

(a)           the name of the examinee;

(b)           the date of the examination;

(c)           the type of examination;

(d)           the time the examination started;

(e)           the location of the examination; and

(f)            the name and license number of the examiner.

This requirement may be completed by labeling the beginning of the first printed chart by hand, or by entering the information into the electronic polygraph file.

(3)           The examiner shall give the examinee an opportunity prior to concluding the examination to explain reactions on the charts.

(4)           The examiner shall not issue or permit an employee to issue an examination report that is misleading, biased, or falsified.

(5)           Each examination report shall be a factual, impartial, and objective account of the pertinent information developed during the examination and the examiner's professional conclusion, based upon the analysis of the charts.

(6)           All questions considered for chart analysis shall be documented in writing or an electronic question set and shall be reviewed with the examinee prior to any testing.

(7)           An examiner shall not make a conclusive verbal or written examination report without having administered two or more charts consisting of the same questions.

(8)           An examiner shall not inquire into the sexual conduct or preferences of a person to whom a polygraph examination is being given unless pertinent to an alleged sex‑related crime, nor shall an examiner inquire into the activities, affiliations, or beliefs on religion, politics, or race, except where there is relevancy to an investigation.

(9)           Each chart shall be signed at the end of the chart by the examinee and the examiner before the end of the recording if using an analog instrument. If an analog instrument is used, the examiner shall retain printed and not electronic copies of the charts for a minimum of three years. Retaining reproducible electronic copies of all charts noting the names of the examiner and examinee as well as the date and time of testing will also meet the requirements of this Item.

(10)         An examiner shall conduct no more than five examinations in a 24 hour period.

(11)         Each examiner shall keep a daily log of examinations. The daily log of examinations shall be maintained by the licensee for a minimum of three years and shall be subject to inspections by the Director or the Director's designee between 8:00 a.m. – 5:00 p.m. Monday through Friday.

History Note:        Authority G.S. 74C‑5;

Eff. June 1, 1984;

Amended Eff. May 1, 2014; December 1, 1987; July 1, 1987; December 1, 1985;

Transferred and Recodified from 12 NCAC 07D .0503 Eff. July 1, 2015;

Readopted Eff. August 1, 2020.