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STATE LABORATORIES

1972

REPORT NO. 52
To the 43rd Legislative Assembly

MONTANA LEGISLATIVE COUNCIL

State Capitol

Helena, Montana

MONTANA STATE LIBRARY

S 328.3 L13r52c.2
State laboratories.

3 0864 00007180 6

STATE LABORATORIES

TABLE OF CONTENTS

RECOMMENDATIONS iii

INTRODUCTION 1

Purpose of Study 1

Study Procedures 1

Scope of Study 2

AGRICULTURAL LABORATORIES 7

1. Grain Laboratory - Bozeman 7

2. Feed and Fertilizer (Analytical) Laboratory .... 8

3. Department of Livestock Diagnostic Laboratory ... 8

4. Soil Testing Laboratory 10

5. Montana State Grain Inspection Laboratory 11

Agricultural Testing Fees 13

HEALTH LABORATORIES 13

6. 7, 8. Institutional Health Laboratories 13

9. Laboratory Division - State Department of Health

and Environmental Sciences 17

MISCELLANEOUS STATE AGENCY LABORATORIES 21

10. Materials Testing Division - State Highway
Department 21

11. Analytical Laboratory Division - Montana Bureau

of Mines and Geology 22

12. Fish and Wildlife Laboratory - Bozeman 22

13. Criminal Investigation Laboratory - Missoula .... 23

FIGURES

FIGURE 1 - Breakdown of Total Operating Laboratories by

Function 3

FIGURE 2 - Agricultural Laboratories Organization Chart 6

FIGURE 3 - Health Laboratories Organization Chart ... 14

TABLES

TABLE 1 - Summary of State Laboratory Operations .... 5

TABLE 2 - Sanitary Board Diagnostic Laboratory 9

TABLE 3 - Seed Testing Fees Charged by Selected

Western States 12

APPENDICES

APPENDIX A 25

APPENDIX B 27

Ill

RECOMMENDATIONS

The Montana Legislative Council recommends:

1. That the Livestock Sanitary Board impose a
selective fee for tests performed by the Diagnostic
Laboratory on animals not subject to tax assessment
as commercial livestock.

2. That Montana law requiring grain protein testing
and USDA grading at the Bozeman Grain Lab be
amended so as to make the Montana State Grain
Inspection Laboratory the only official labora-
tory authorized to perform these functions .

3. That laboratory administrators in the Department
of Agriculture and the Agricultural Experiment
Station conduct a detailed review of the operating
expenses of each laboratory under their control
and make adjustments to laboratory fee schedules
where necessary to make such fees reflective of
all direct and indirect costs incurred in pro-
viding the services for which each fee is charged.

4. That the Department of Institutions investigate
means of consolidating clinical laboratory functions
between the Galen and Warm Springs Hospitals and
submit their findings to the 43rd Montana Legisla-
tive Assembly .

5. That the Laboratory Division of the Department

of Health and Environmental Sciences be relocated
on the campus of one of the units of the Montana
University System.

That if such a relocation is effected, the Criminal
Investigation Laboratory be integrated into any new
facility acquired to house the Laboratory Division.

INTRODUCTION

Purpose of Study

Senate Joint Resolution No. 24, passed by the 41st Montana Legis-
lative Assembly, directed the Legislative Council to study and
evaluate the various state agency and university laboratories,
their functions, responsibilities, services and degree of ef-
ficiency. The clauses preceding this directive noted the impor-
tance of the laboratory f\inction to the work of state regulatory
agencies and the inefficiencies arising when expensive laboratory
equipment becomes obsolete or when agency activities overlap.
The resolution asked that the Legislative Coxincil look for areas
of duplication in state laboratory effort or places where common
laboratory activities could be consolidated.

Study Procedures

Due to the highly technical nature of this study, the Council felt
it necessary to utilize the services of a consultant who was
versed in the scientific aspects of laboratory activity. Several
professionals were interviewed, and the study group subsequently
engaged Dr. Ralph J. Fessenden, Chairman of the Department of
Chemistry at the University of Montana, Missoula. Dr. Fessenden
met with the study group to discuss alternative approaches to the
study. The procedure thus decided upon was as follows:

Step One - Identification of operating laboratories within the
state. All state agencies were contacted by phone in order to
determine which agencies presently maintained laboratory opera-
tions or were contemplating laboratory activity in the future. A
crosscheck of the information derived in this manner was made
through correspondence with laboratory equipment vendors and the
State Purchasing Bureau. Federal, municipal and private labora-
tories were identified during the initial stage of the study in
order to locate areas where state agency laboratory activities
could be more efficiently handled through private or federally-
funded facilities.

Step Two - Classification of laboratories. Following the identifi-
cation of operating laboratories, each unit was categorized ac-
cording to its primary function. Generally, all laboratories fell
within the following broad categories:

1. Education

2. Health and Medical

3. Testing and General Analytical

4 . Regulatory

5. Miscellaneous

Step Three - Analysis of selected state laboratories. Laboratories
from each functional group were selected based on their administra-
tive relationship to state agencies or the extent of their

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dependency upon legislative appropriation for operating funds.
These laboratories were reviewed in depth by the study group with
the aid of the laboratory consultant (see Scope of Study) .

Scope of Study

The initial canvass of laboratories disclosed that from 1,000 to
1,300 facilities were currently operating within the state. Fig-
ure 1 shows an approximate breakdown of laboratory facilities by
function.

Of the estimated 1,217 laboratories shown in Figure 1, 1,072 or
86% are operated in conjunction with an academic institution. The
bulk of laboratories in this category are classrooms equipped for
lab work which are used either for teaching or research purposes,
or for some combination of these activities.

Another major grouping of laboratories was found to include private
clinical facilities located within private or community hospitals
or within various medical clinics (approximately 121 laboratories) .

Due to a shortage of time and funds available for this study, the
Council limited its scope of investigation to 13 agency laboratory
units (see Table 1) . These 13 facilities were determined to be
the major state operated laboratories from the standpoint of their
purposes and funding. Most laboratories within this group were
created either directly or indirectly by legislative action and
the remainder are ancillary to programs of state departments.

The Council's laboratory consultant made one or more on-site in-
spections of each of the 13 facilities selected for detailed study.
Several of the larger laboratories in this group were inspected
either individually or collectively by members of the subcommittee.

In addition to visually inspecting each laboratory, the consultant
filled out a detailed questionnaire through conversation with
laboratory supervisors and using available published data. This
questionnaire, identical in format for each lab studied, consisted
of 9 0 objective- type questions covering the following laboratory
operations:

1. Location and organization

2. Staffing and administration

3. Activities, reporting and procedures

4. Funding and fee schedules

After the completed questionnaires had been approved by the re-
spective laboratory administrators, each was reviewed in detail by
the study group. This report contains capsule descriptions of
each laboratory studied in detail along with relevant Council con-
clusions and recommendations.

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A6R I CULTURAL LABORATORIES

1. Grain Laboratory - Bozeman

The Montana Grain and Seed Laboratory, also known as the Grain
Lab, is located on the Montana State University Campus. The lab
is under the direction of the Department of Plant and Soil Sci-
ence of the Agricultural Experiment Station. The head of the
Department of Plant and Soil Science and supervisors of the Grain
Lab share their time between administration and teaching duties
within the MSU College of Agriculture.

As required by Section 46-208, R.C.M. 1947, the Grain Lab is re-
sponsible for testing seed to be sold in Montana, and for USDA
grading and protein testing of commercial grains, mainly wheat and
barley. This grading and testing function represents a relatively
minor portion of the total lab work load, with only about 7,000
grain samples received annually.

Samples of seed and grain are sent to the Grain Lab primarily by
commercial grain and seed growers and Department of Agriculture
seed inspectors. Test results on seeds are reviewed by the lab
supervisor and the data is submitted to the State Department of
Agriculture as the chief regulatory agency. Results of grain
grading and protein tests are reviewed by one of two USDA licensed
inspectors and the reports are then forwarded to the submitting
commercial grower. Fees are charged for grading and protein test-
ing, and test results serve as a basis for the commercial marketing
of the particular grain tested.

The grain lab is closely integrated with the College of Agriculture
and the Agricultural Experiment Station. Fee schedules are de-
termined by the Agricultural Experiment Station and the purchase
of all supplies and equipment is handled through the MSU business
office. The Grain Lab also shares equipment, space and personnel
with the Department of Plant and Soil Science.

The Bozeman Grain Lab is unique in that it is the only lab in the
United States doing serological tests for barley virus. This test
was recently developed at MSU and has helped to reduce crop damage
from barley virus throughout the country.

At the present time, field inspectors employed by the Department
of Agriculture collect seed and grain samples at various locations
around the state and mail them to the Bozeman Grain Laboratory.
This is done in conjunction with the inspector's normal duties and
at no charge to the Bozeman Grain Laboratory. The Bozeman lab has
the statutory authority to employ samplers under Section 3-806,
R.C.M. 1947, but has not found it necessary to do so as long as
this informal arrangement has been in effect.

The Council finds that legislation is necessary to authorize the
Department of Agriculture to contract to do sampling for the Boze-
man Grain Laboratory and to receive reimbursement for any costs

-8-

incurred. Such legislation would formalize the procedure already
in effect and reimburse the general fvind operations of the De-
partment of Agriculture with earmarked funds appropriated to the
Bozeman Grain Laboratory. (Appendix A)

2. Feed and Fertilizer (Analytical) Laboratory

The Feed and Fertilizer Lab is also located on the Montana State
University campus within the Agricultural Experiment Station
organization; however, its activities are coordinated by the Ad-
ministrator of the Feed and Fertilizer Division of the State De-
partment of Agriculture.

The function of the Feed and Fertilizer Lab is to collect and in-
terpret analytical data applicable to the use of agricultural
products. The statutory responsibilities assigned to this lab
are found in Sections 3-1718 and 3-2020, R.C.M. 1947. These laws
direct the Department of Agriculture to insure that commercial
feeds and fertilizers are properly labeled with accurate guaran-
tees as to the contents and with adequate instructions for their
use.

Official samples of feed and fertilizer are taken by two field
samplers employed by the Department of Agriculture. Each sample
requires a nxomber of analytical tests as several tests must be
run on each sample to determine that the numerous guarantees are
met. In addition, if the first test does not meet specifications,
the analysis is repeated one or more times.

Fees collected for commercial tests are deposited in the Earmarked
Revenue Fund - Commercial Fertilizer Account, and expenditures are
appropriated from this account. Fees collected are also received
in the Helena office of the Department of Agriculture, as required
by statute.

Some duplication was noted in the statutory responsibilities as-
signed the feed and fertilizer lab and those of the Laboratory
Division of the Department of Health and Environmental Sciences.
In the Montana Food, Drug and Cosmetic Act, under Section 27-702,
R.C.M. 1947, the State Department of Health and Environmental
Sciences is given the authority to regulate "food or drink for man
or other animals. " The testing of animal feeds within the Depart-
ment of Health and Environmental Sciences, however, is done pri-
marily in connection with investigations into human disease.

3. Department of Livestock Diagnostic Laboratory

The Department of Livestock Diagnostic Laboratory was established
under the authority of Section 46-208(4), R.C.M. 1947, to provide
livestock disease control and assurance of a safe meat and milk
supply. This function is ancillary to the responsibilities of the
Livestock Sanitary Board to advance the livestock industry in
Montana while protecting public health. The Diagnostic Lab building

-9-

was constructed in 1960, following approval of construction by
the legislature in Chapter 262, Laws of Montana, 1959. VThile
located on the Montana State University campus, the lab is not
supervised by either MSU or Agricultural Experiment Station person-
nel. The Diagnostic Lab is rather a division of the Livestock
Sanitary Board and is under the control of that agency.

The Diagnostic Laboratory is responsible for diagnosis of diseases
in cattle, horses, sheep, swine and poultry. Rabies tests are
conducted by the laboratory, which also considers methods of
disease prevention and control. Other tests conducted include
bacteriological and chemical analyses of meat, meat-food products,
milk and milk products collected by employees of the Dairy and
Milk Division and Meat Inspection Division of the Livestock San-
itary Board.

Aside from samples of material collected by other divisions of the
agency, the Diagnostic Lab receives samples from veterinarians,
farm groups, and any citizen of the state. Private citizens re-
questing analyses are encouraged to send samples through an author-
ized state veterinarian.

Funding for the Diagnostic Lab comes from the state general fund
and from a special tax levy on livestock. The historic and an-
ticipated use of these funds is shown below:

TABLE 2

SANITARY BOARD DIAGrfOSTIC LABORATORY
Summary of Program Expenditures and Funding
Fiscal Years 1968 through 1971 & 1973 Biennial Appropriation

EXPENDED

FISCAL YEAR
EMPLOYEES FULL-TIME
EQUIVALENT

Personal Services

Operation

Capital

APPROPRIATED

1968

1969

1970

1971

1972

1973

12.00

12.40

12.21

12.21

13.00

13.00

$ 85,695 $ 92,862 $ 93,246

24,769 27,482 27,804

3,390 1,903 7,816

$106,204 $116,756 $121,989

32,223 32,300 33,850

5,220 3,685 1,125

Total Program $113,854 $122,247 $128,866 $143,647 $152,741 $156,964

FUNDING DETAIL:
General Fund
Earmarked Revenue
Fund:

Livestock Sani-
tary Board Ac-
count

$ 70,170 $ 80,373 $ 58,611 $ 67,204 $ 92,741 $120,479

43,684

41,874

70,255

76,443

60,000

36,485

Total Funding

$113,854 $122,247 $128,866 $143,647 $152,741 $156,964

-ID-

AS can be seen, reliance on the state general fund decreased from
1969 through 1971; however, funding from this source is expected
to increase markedly during the 1973 biennium.

Revenue to the Livestock Sanitary Board Earmarked Revenue Fund
comes from a personal property tax on livestock authorized in
Section 84-5211, R.C.M. 1947. This levy is 1-1/2 mills on the
assessed value of all livestock (4-1/2 mills on the taxable value
of all livestock) . The purposes for which this fund may be used
include payment of indemnity for animals slaughtered, expenses in
investigating and suppressing diseases, and quarantine expenses,
in addition to expenses for maintenance of the Diagnostic Lab-
oratory.

The mill levy is assessed annually against the value of various
classifications and grades of cattle, sheep and swine. The
Diagnostic Lab, however, conducts tests on approximately 43 dif-
ferent species of animals, including poultry, horses, dogs and
cats. Most of these animals are received from veterinarians and
citizens for the purpose of autopsy and other tests. No fees are
charged by the Diagnostic Lab for these investigations. For ex-
ample, of the 953 autopsies performed at the Diagnostic lab during
fiscal 1971, only 592, or 62% were of animals covered by the Live-
stock Sanitary Board mill levy. In light of the increasing burden
being placed upon the state general fund in support of Diagnostic
Lab operations, the Council feels that a selective fee should be
imposed upon persons utilizing the services of the laboratory for
purposes other than those contemplated in the legislation author-
izing the Livestock Sanitary Board mill levy.

The Legislative Council veaommends that the Livestock
Sanitary Board impose a selective fee for tests performed
by the Diagnostic Laboratory on animals not subject to
tax assessment as commercial livestock.

4. Soil Testing Laboratory

The Soil Testing Laboratory is a division of the Plant and Soil
Science Department of the Montana Agricultural Experiment Station
located on the Montana State University campus. The head of the
Department of Plant and Soil Science shares the administrative
responsibility for the Soil Testing Lab with his teaching assign-
ments at the College of Agriculture. This is also the case with
the two professional supervisors of the lab.

The function of the Soil Testing Lab is to provide chemical analy-
sis of soils and irrigation water. Materials for testing are sub-
mitted for analysis by farmers and ranchers and by county agents
and fertilizer dealers acting on behalf of farmers.

The Soil lab conducts the following routine analyses:

Water: Analysis of irrigation water quality, dissolved
solid content, salinity, sodium hazard.

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Soil- Analysis for available nutrients and informa-
tion as to best soil additives for particular
plant growth.

Plants: Analysis for inorganic content to detect defi-
ciencies.

The soil Lab is funded primarily through Agricultural Exper-
iment staSoi Funds. State general fund support of the Soxl Lab
averages $10,500 annually.

5. Montana State Grain mpp^ntion Laboratory
The Montana state Grain inspection Laboratory,^!^

Falls, IS the official state ^^enoy auidelines, is done

of grain f jj^^f ---^^°^;enf b^ttSL^coLlrcfal buyirs.and
^^lle?r The SlighSg Sepa^Slent is responsible for supervising
sellers. The ^^^^^i^^^a r.f orain being loaded or unloaded at
the weighing of carloads °f f^^^^^^^ow^on, Lewistown and Shelby,
grain terminals at Great ^^-^-^J' "^J"^ ,ised in settling loss claims
Official weights ^re issued which are used in setti^^g.^. ^

however, such labs are non-existent at the present time.

samples of grain are taKen by | -f^^^S^/r^Lr^nrsent^to'thf'

spection points noted f°^J-^2j^Pi^|3,f graded by grain inspectors,
central Great Falls lab, ^^ere they are graaeayg^^^^.^^ ^^^^^

AS the grain is graded, "J^^^J^^J ' ^f ^S SrSat Falls lab test the
are determined. Junior chemists at ^he i,re ^ ^^ re-

grain for protein content - -cord -^h USDA^stan^^^^^ ^^^^^^

?:tr?s"Lsrgr°aS:d';t°the'Gre:t^?alls lat to enforce the provisions
of Title 3, Chapter 19, R.C.M. 1947.

.3 noted in the discussion of the fzeman -ai .ab, USDA licensed
inspectors and assistant inspectors ^^^^^J^ ^^^^^Ig and protein
Agricultural Experiment Station and conaucy supervision

tlsts. However, the ^ozeman facility is not un ^^^.^ ^^_

of the Department of Agriculture as is the Montan ^^^ identical,

T.I If ifca^^d ft-Sf cfntero^-trgritn^shipping area as well
as the grain-growing belt of the state.

The Bozeman Grain Lab is ^--J^-^J^,''°^'%X llS^tX olTl^l^H
grain seed for g*™^"**^^"" »"J ^^''to ^he BoLman lab annually for
;ltlTtlf..lrl^^ S^/g^^dfn:? Ts Zoll. to .7.000 samples
submitted to the Great Falls lab.

-12-

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-13-

Although private flour mills in Montana maintain their own lab-
oratories to determine grade and protein content of grain, these
laboratories are not licensed by the Department of Agriculture.
No commercial laboratories equipped to perform these tests now
operate in Montana.

The Legislat-ive Council recommends that Montana law
requiring grain protein testing and USDA grading at
the Bozeman Grain Lab be amended so as to make the
Montana State Grain Inspection Laboratory the only
official laboratory authorized to perform these
functions . (Appendix A)

Agricultural Testing Fees

With the exception of the Livestock Diagnostic Laboratory, all ag-
ricultural testing laboratories charge fees for their services to
private citizens who request such services. A comparison of fees
charged for one such service, seed quality testing, in Montana
and other western states is shown on Table 3 on preceding page.

It would appear that Montana is not receiving fees commensurate
with those charged by other states for similar services. No
doubt the depth of analysis is greater in some other states,
such as California; however, even with California removed from
the comparison, western state average charges for the various seed
quality tests are about double those charged in Montana.

It was the Council's opinion that all agricultural fees should be
reviewed for their adequacy in light of increasing laboratory
operating costs. Such cost reviews should be made periodically
in the future to insure that state general fund moneys are not
being used to support commercial or private laboratory activities.

The Legislative Council recommends that laboratory
administrators in the Department of Agriculture and
the Agricultural Experiment Station conduct a detailed
review of the operating expenses of each laboratory
under their control and make adjustments to laboratory
fee schedules where necessary to make such fees re-
flective of all direct and indirect costs incurred in
providing the services for which each fee is charged.

HEALTH LABORATORIES

6, 7, 8. Institutional Health Laboratories

The three institutional health laboratories, located at the Boulder
River, Galen and Warm Springs hospitals, perform similar clinical
services in support of medical care to the patients in residence
at the respective state institutions. These clinical laboratories

-14-

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-16-

run tests on samples of body fluids (blood, urine, etc.) in order
to supply information to private and staff physicians who care
for the patients. The space requirements and work loads of each
institutional lab vary with the populations of their institutions,
as can be seen on Table 1.

The Boulder Hospital lab is somewhat unique in that the morbidity
and mortality rate of retarded persons sufficiently ill to be
hospitalized is significantly higher than that of the general
population. For example, epileptic patients who are ill in the
general population have three or four times the mortality rate of
the general population. Those who are institutionalized with
mental retardation, however, have seventeen times the mortality
rate. Because of the higher risk of complications from disease,
the tests run at the Boulder clinical lab generally require more
immediate attention than similar tests at the Warm Springs and
Galen institutions.

The Warm Springs State Hospital and the Galen State Hospital are
located in southwestern Montana about five miles apart. The Warm
Springs State Hospital, created in 1913, is charged with the re-
sponsibility to provide care and treatment to the mentally ill
residents of Montana. The hospital also operates a specialized
unit dedicated to alcoholism rehabilitation service. Galen State
Hospital, created in 1911, is provided for in Sections 80-1701
through 80-1704, R.C.M. 1947. This institution is primarily respon-
sible for the treatment of tuberculosis and silicosis; however, the
hospital also treats patients with other chronic respiratory
diseases as space and funds permit.

It was the Council's opinion that all institutional laboratories
were inadequately staffed and equipped. This opinion is also
held by physicians and other professional consultants serving
these institutions. Dr. Newman, consulting pathologist for the
Warm Springs Hospital, has stated that the Warm Springs clinical
lab is "woefully deficient in modern clinical equipment needed to
deliver health care to the patients at Warm Springs."

As noted previously, the Warm Springs and Galen institutions are
located within five miles of each other, along Interstate Highway
90. With this proximity, it is possible that some routine labora-
tory testing functions of the two labs could be consolidated.
Furthermore, a consolidated arrangement could facilitate joint
programs such as personnel and equipment sharing. If physical con-
solidation is deemed unfeasible, then methods of combining hiring
and equipment purchases between the two labs should be actively
pursued.

The Legislative Counail reaommends that the Department
of Institutions investigate means of consolidating
alinioal laboratory functions between the Galen and
Warm Springs Hospitals and submit their findings to
the 43rd Montana Legislative Assembly .

-17-

The analyses of both the Galen and Warm Springs clinical labora-
tories revealed that neither of these facilities currently utilize
federal programs within their respective operations. The Council
was advised of several Department of Health, Education and Welfare
programs which offer cash grants and advisory services to upgrade
public health laboratory proficiency. The typical laboratory
technician, however, has neither the time nor the ability to ac-
tively seek federal grants.

In discussing this problem with the Montana Federal-State Coordi-
nator,- it was pointed out that the Coordinator's office, having a
staff of two, must rely on the administrators of the various state
agencies to acquaint themselves with the provisions of federal
programs applicable to their particular operations. The head of
the Department of Institutions has assured the Council that, in
the future, he and the various institution administrators will
work more closely with the office of the Federal-State Coordinator
to examine federal programs which support state public health
laboratories.

9. Laboratory Division - State Department of Health and Environ-
mental Sciences

The Laboratory Division of the recently reorganized Department of
Health and Environmental Sciences is located in the east wing of
the Cogswell Building within the State Capitol Complex. In addi-
tion to the central lab, the Division supervises two branch lab-
oratories at Kalispell and Billings. The Division's Chemistry
Lab Bureau operates two mobile labs for testing water and air
quality in the field.

The operations of the Laboratory Division consist of specialized
testing, support of public health activities, certification of
local health laboratories, and developmental research.

Specialized testing includes such activities as virus diagnosis,
tuberculosis bacteriology, fluorescent antibody absorption testing
for syphilis, and salmonella sterotyping. Materials for testing
(blood, urine, tissues) are sent to the Laboratory Division from
physicians and other private and public health laboratories where
such reference work is beyond the submitter's area of competence.
Many specialized tests require unique procedures and equipment
which are not used enough to justify their expense at the local
level.

The Laboratory Division supports activities of other public health
labs in the control of communicable diseases and activities in en-
vironmental sanitation such as microbiological control of drinking
water supplies, studies of air and water pollution, and investiga-
tion of outbreaks of disease caused by ingestion of contciminated
food. The Division also assists the Hospital and Medical Facilr
ities Division of the Department of Health and Environmental
Sciences with their inspection program as it concerns laboratory
facilities. Samples of water, soil, and air are sent to the lab

-18-

by sanitarians, law enforcement officials and private citizens.

In fulfilling its statutory responsibilities to certify private
laboratories and lab personnel for participation in Medicare pro-
grams, officials of the Laboratory Division visit laboratories
for inspection and consultation. The Division also conducts pro-
ficiency testing programs and lectures at professional meetings.

The goal of the Laboratory Division' s research and development
activity is to shorten the latent period from basic research to
practical application of proven laboratory techniques. An example
of a current program in this area is throat-culturing for strep-
tococci as a means to eradicate rheumatic fever which causes rheu-
matic heart disease.

The work load of the Laboratory Division fluctuates seasonally in
that water sampling activity increases 50% during the summer
months. Disease control has similar cyclinical activity as venr-
ereal disease is most active in the early fall, strep throat in
early fall and spring, and serology tests for marriage increase in
May, June and December.

The Chemistry Bureau of the Laboratory Division analyzes about
5,0 00 samples annually in conducting inorganic testing of air and
water for pollution, qualitative tests for illegal drugs and bar-
bituates, and a limited examination of pesticides. The Micro-
biology Bureau handles about 100,000 samples annually in the areas
of disease control, phenylketonuria testing, and water or food
microbiology. The bureau chiefs review all test results before
returning them to submitter ' s. Highly specialized tests are referred
to out-of-state federal labs such as the Atomic Energy Commission
lab in Nevada, the Disease Control Center in Atlanta, the Food and
Drug Lab in Denver or the Occupational Health Lab in Salt Lake City.

After reviewing the operations of the Laboratory Division of the
Department of Health and Environmental Sciences, the Council con-
cluded that the Laboratory Division could and should be physically
separated from the other administrative programs of the Department.
In the Council's opinion, a more suitable location for the Depart-
ment's laboratory activities would be on the campus of one of the
units of the Montana University System. The Council does not, how-
ever, contemplate any change in organizational structure, as control
over laboratory operations should continue to be vested in the
Board of Health and its administrative officers under the proposed
relocation.

The major benefits of relocating the Laboratory Division on a
university campus are as follows:

1. The scientific community is experiencing a sig-
nificant increase in the importance of organic
analysis as it concerns public health laboratory
work. The Laboratory Division presently has
equipment for running organic analysis on drugs
and alcohol; however, the fiscal effort given

-19-

this program is minimal and may require major
expenditure in the future. Modern organic
analysis equipment is available within the
university system, as are professionals com-
petent to interpret test results.

2. A central laboratory equipped for organic analysis
could be made available to other state agencies
who could utilize this laboratory in lieu of ex-
panding their own operations.

3. While pollution control programs have been in
existence for many years, this activity is be-
coming of much greater importance to the public
each year. Adequate pollution control requires
the supporting services of a versatile laboratory
capable of meeting rapid changes in technology
and pollution identification. For the state to
respond to these changes may require significant
expenditures for services and equipment. It is
possible that some of these expenditures may be
duplicated at the university level.

4. The State of Montana does not presently have a
medical school. By locating the Laboratory
Division on a university campus, the lab can
provide a substitute organization for the rapid
dissemination of new methods and research
findings into practical application in Montana.
While the location of the Laboratory Division

in Helena does not prevent this type of activity,
research and development programs have not been a
departmental priority in the past.

5. Much of the activity of the Laboratory Division,
especially the Microbiology Bureau, is directed
toward clinical assay work. Many of the routine
tests run could be contracted to private labs or
accomplished more economically using new computer-
ized testing methods now being studied at several
units of the university system. This would free
the personnel of the Laboratory Division to con-
centrate their efforts on areas of overall public
health and on reference work. Once again, this
sort of program would require a well-equipped and
versatile laboratory, along with a library and
expertise in supporting areas that can be quickly
consulted.

6. The present curriculxim offered at Montana's major
universities is deficient in pre-medical courses
required to meet the state's student exchange ob-
ligations to the WICHE regional compact. The
proposed relocation of the Laboratory Division
may allow the host university to give a higher

-20-

priority to pre-medical and related courses
requiring access to a clinical laboratory.

The head of the Department of Health and Environmental Sciences,
as well as his Laboratory and Environmental Sciences Division
administrators, have testified before the Council that, in their
opinion, a relocation of the Laboratory Division would greatly
impair the effectiveness of the entire department. The admin-
istrators felt that interchange between laboratory technicians
and related enforcement or regulatory officers is crucial to the
discharge of their statutory responsibilities. This "team" ap-
proach would be severely hampered if the Laboratory Division was
located in a city other than Helena. Other arguments made against
the proposed arrangement include:

1. The Department has made plans to correct deficiencies
in organic analysis. A federal grant was obtained to
provide a program of breath-alcohol analysis required
under the implied consent law. A grant application
is currently being processed to fund analysis for
pesticide residues. Other equipment will be obtained
for organic analysis as its purchase is justified by
anticipated use. The need for some such equipment

is minimized through the Department's ability to refer
analyses to federal laboratories at no charge to the
state.

2. The versatility required for environmental control
laboratory support is being acquired as rapidly as
financing allows. The Department questions whether
Montana universities are in a position to furnish
services required without added expense.

3. Universities specialize in basic rather than
applied sciences. Much information on spec-
ialized procedures using atomic absorption
and gas chromatography comes from companies
making these instr\aments . Some valuable infor-
mation is provided by universities, but this is
usually in published form and readily available
in Helena.

4. The Laboratory Division is merely ancillary to the
administrative decision-making process and is not
a line function. The case for placing the lab
function apart from enforcement would better apply
to the Crime Control Laboratory, where test results
should be available to defense and prosecution
alike. The law enforcement activity of the Depart-
ment of Health and Environmental Sciences is not
this direct, as the Department serves as a quasi-
judicial body and conducts hearings of its own.

5. The Department of Health and Environmental Sciences
presently employs laboratory technicians and other

-21-

supervisors who have had extensive training
in public health work and who possess a great
deal of expertise in laboratory work. If the
Laboratory Division were to be relocated,
some of these professionals may resign their
positions.

The basic questions surrovinding the proposal appear to be:

1. Should laboratory analytical services be separate
and apart from the regulatory and enforcement
officials who must act on the basis of information
generated in the laboratory?

2. Does the Montana University System possess the
expertise and other resources required to comple-
ment the goals and objectives of the Laboratory
Division of the Department of Health and Environ-
mental Sciences?

3. If one answers questions 1 and 2 in the affirmative,
would the benefits of the arrangement outweigh the
loss of inter-agency communication inherent in iso-
lating one division of a state department?

After having examined evidence presented both for and against the
proposal, the Council concludes that the placement of the Labora-
tory Division of the Department of Health and Environmental Sci-
ences in a university setting is the better long-term solution to
providing versatile, efficient support to medical and health-
oriented state activities. The Council respects the concern of
department administrators as to possible short-rxin disadvantages
of the relocation on other department programs; however, it is
the Council's opinion that the arrangement will eventually afford
the department more flexibility and efficiency in fulfilling
their statutory responsibilities.

The Legislative Council reaommends that the Laboratory
Division of the Department of Health and Environmental
Saienaes he relocated on the campus of one of the units
of the Montana University System.

That if such a relocation is effected, the Criminal
Investigation Laboratory be integrated into any new
facility acquired to house the Laboratory Division.

MISCELLANEOUS STATE AGENCY LABORATORIES

10. Materials Testing Division - State Highway Department

The Materials Testing Division of the State Highway Department is
the largest state-operated laboratory, both in terms of physical

-22-

space occupied and size of personnel. The central testing lab is
located in the east wing of the Cogswell Building in the State
Capitol Complex; however, the central lab administers 85 mobile
laboratory units which are assigned to active state highway con-
struction projects.

The Materials Testing Division employs 76 persons and is respon-
sible for the inspection and detailed physical testing of all
materials used in highway construction. The lab receives and
tests samples of such items as paint, asphalt, gasoline, cement,
wood, and metal. The division must certify to the Bureau of
Public Roads upon the completion of each project that the materials
used in that project meet the specifications of the contract and
of various state and federal standards. The core-drilling section
of the division consists of geologists and engineers who take
samples of soil, subsoil and rock formations in order to determine
material available for construction. This core-drilling informa-
tion aids designers in locating a highway according to water move-
ment, foundation material and rock formations.

In addition to supporting the Highway Department's construction
program, the laboratory is also utilized by the Pre-Construction
and Maintenance programs .

11. Analytical Laboratory Division - Montana Bureau of Mines and
Geology

The Bureau of Mines laboratory is operated in conjunction with the
Montana College of Mineral Science & Technology and is located on
that university's campus in Butte. One of this laboratory's
state functions is the analysis of coal mined in Montana to de-
termine its taxable BTU rating. Samples of commercially-mined
coal are sent for analysis by various strip mine operators and
fees are charged based on the approximate costs of testing. The
Bureau of Mines and Geology laboratory is the only state lab set
up to run geochemical tests on coal. In addition to coal testing,
the Bureau lab also conducts geochemical tests on soil and water
to determine their mineral content.

12. Fish and Wildlife Laboratory - Bozeman

This laboratory is located in the Fish and Game Building on the
Montana State University campus. Organizationally, the lab is
under the Wildlife Management Division of the State Department of
Fish and Game. The function of the Fish and Wildlife Laboratory
is to perform post-mortem examinations on fish and wildlife to
determine their feeding habits and main grazing habitats. The lab
utilizes the facilities of the Department of Livestock Diagnostic
Laboratory located nearby in conducting post-mortems of large
wildlife species. Fish and Game Department personnel utilize the
data supplied by the Fish and Wildlife Lab in combination with
other data in making decisions and recommendations concerning
management of particular species.

-23-

13. Criminal Investigation Laboratory - Missoula

The Criminal Investigation Laboratory, also known as the State
Crime Laboratory, is a part of the Criminal Investigation Division
of the Department of Law Enforcement and Public Safety under the
supervision of the Attorney General. The lab analyzes drug samples
submitted by federal, state and local law enforcement agencies to
determine the presence of one or more of 14 4 controlled substances
(i.e. marijuana, heroin, amphetamines, etc.). Tests requiring
organic analysis are conducted on the University of Montana campus
utilizing the staff and equipment of tlie university's chemistry
and pharmacy departments.

Test results are confidential and are made available only to the
submitting law enforcement agency. Summaries of test results
are also made available to the State Attorney General. Enforce-
ment officials use the test results to make decisions as to
whether or not a drug offense has been committed.

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APPENDIX A

BILL NO.

INTRODUCED BY

3-806

A BILL FOR AN ACT ENTITLED: "AN ACT TO AMEND SECTION 3-806,
R.C.M. 1947, TO ALLOW THE MONTANA GRAIN INSPECTION LABORATORY,
BOZEMAN, TO CONTRACT WITH THE DEPARTMENT OF AGRICULTURE TO
COLLECT SEED SAMPLES FOR ANALYSIS."

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF MONTANA:

Section 1. Section 3-806, R.C.M. 1947, is amended to read
as follows:

"3-806. Employment and payment of inspection agents. The
director of the Montana grain inspection laboratory, under the
direction of the director of the Montana agricultural experiment
station, may employ, or contract with the department of agricul-
ture 9«eh-agenfcs-aa-are-deeined-neeeaaary to each year inspect,
sample and make analysis of any agricultural seed on sale in the
state for seeding purposes within the state, and the saiai?ies-and
necessary expenses of employing or contracting for such agents,
together with the cost of publishing the findings of such inspec-
tions and analyses, shall be paid out of moneys appropriated for
the Montana grain inspection laboratory, of the Montana agricultur-
al experiment station. "

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APPENDIX B

BILL NO.

INTRODUCED BY

3-512

A BILL FOR AN ACT ENTITLED: "AN ACT AMENDING SECTION 3-512,
R.C.M. 1947, REGARDING PROTEIN TESTS OF ALL WHEAT DELIVERED TO
GRAIN WAREHOUSEMEN — MANNER OF MAKING TEST — RESULT — FEE."

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE STATE OF MONTANA:

Section 1. Section 3-512, R.C.M. 1947, is amended to read
as follows :

"3-512. Protein test to be made of all wheat delivered
grain warehousemen — manner of making test — result — fee. Each
public grain warehouseman as defined by the laws of the state
shall take a sample from each load of wheat delivered to his ware-
house and preserve such sample in an air-tight container with the
owner's name thereon. As hauling is completed by each owner the
several samples taken from all the loads of any one owner shall be
mixed thoroughly together, except that high, medium, or low protein
wheat from the same owner or wheat of different types, varieties
or grades shall be segregated cmd separate containers provided for
each. A one-pint portion of the composite sample shall be submitted
to the state grain laboratory at Great Fallsy-HasriowtonT-or-Boseman
SiTid the balance shall be held in the owner's container. In the
event of dissatisfaction on the part of warehousemen or owner either
party shall have the right to a final appeal to the state leUsoratory.

In case of an appeal a one-pint portion of the remainder of
the owner's sample shall again be submitted to the state labora-
tory with a statement of facts of the appeal and a final test in
duplicate shall be made by the laboratory. The certificate of the
state laboratory of such test shall be final and binding upon both
parties in establishing the basis of the price paid by the ware-
houseman. A fee of-fif'fey-eent8--($6T56>7-for commensurate with the
cost of each protein test may shall be made, to be deducted and
paid at the time of final settlement; provided, however, upon
written request of owner, no protein test need be made upon said
owner's wheat."