14B NCAC 16 .0503          POLYGRAPH EXAMINATION REQUIREMENTS

Polygraph licensees and trainees shall:

(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)           name of the examinee;

(b)           date of the examination;

(c)           type of examination;

(d)           time the examination started;

(e)           location of the examination; and

(f)            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 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 which 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 specific 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 or retaining printed and not electronic copies of the charts for the period required by Item (2) of this Rule.  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)         For adequate auditing of polygraph examiners, each examiner shall keep a daily log of examinations.

 

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.