SECTION 335:15-13-8. Assumption of test validity limited

(a)   Under no circumstances will the general reputation of a test, its author or its publisher, or casual reports of test utility be accepted in lieu of evidence of validity. Specifically ruled out are:

(1)   assumptions of validity based on test names or descriptive labels;

(2)   all forms of promotional literature;

(3)   data bearing on the frequency of a test's usage;

(4)   testimonial statements of sellers, users, or consultations; and

(5)   other nonempirical or anecdotal accounts of testing practices or testing outcomes.

(b)   Although professional supervision of testing activities may help greatly to insure technically sound and non-discriminatory test usage, such involvement alone shall not be regarded as constituting satisfactory evidence of test validity.