Text: H03322 Text: H03324 Text: H03300 - H03399 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 258 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 730.5, subsection 1, Code 1 5 1995, is amended to read as follows: 1 6 1. As used in this section, unless the context 1 7 otherwise requires: 1 8 a. "drugDrug test" means any blood, urine, 1 9 saliva, chemical, or skin tissue test conducted for 1 10 the purpose of detecting the presence of a chemical 1 11 substance in an individual. 1 12 b. "Preemployment" means that period of time 1 13 between when a bona fide offer of employment is made 1 14 and when employment begins. 1 15 Sec. 2. Section 730.5, subsection 3, paragraph c, 1 16 Code 1995, is amended to read as follows: 1 17 c. The test sample withdrawn from the employee is 1 18 analyzed by a laboratory or testing facility that has 1 19 been approved under rules adopted by the department of 1 20 public health. The laboratory or testing facility 1 21 shall report to the employer only the presence of 1 22 alcohol or illegal controlled substances in any test 1 23 sample. The rules adopted by the department of public 1 24 health shall provide for all of the following: 1 25 (1) The initial screening test may utilize 1 26 immunoassay, thin layer, high performance liquid or 1 27 gas chromatography, or an equivalent technology. If 1 28 the initial test utilizes immunoassay, the test kit 1 29 must meet the requirements of the United States food 1 30 and drug administration. 1 31 (2) Samples which have tested positive by initial 1 32 testing, with the exception of alcohol, shall be 1 33 confirmed by gas chromatography-mass spectrometry or 1 34 by a scientifically equivalent technique approved by 1 35 the department. 1 36 (3) All initial positive drug test results with 1 37 the exception of alcohol shall be confirmed by gas 1 38 chromatography-mass spectrometry or an equivalent test 1 39 approved by the department before being reported as 1 40 positive or negative. 1 41 (4) All initial positive test results for alcohol 1 42 shall be confirmed by gas chromatography, or a test 1 43 that is recognized by the department as an equivalent 1 44 test before being reported as positive or negative. 1 45 (5) Preliminary reports for drugs other than 1 46 alcohol shall not be issued in the absence of 1 47 confirmation by gas chromatography-mass spectrometry 1 48 or a scientifically equivalent test approved by the 1 49 department. 1 50 (6) Complete chain of custody procedures shall be 2 1 used for referred specimens. When sample volumes 2 2 permit, it is recommended that only an aliquot of the 2 3 original specimen be sent to a reference laboratory. 2 4 Sec. 3. Section 730.5, subsection 7, Code 1995, is 2 5 amended to read as follows: 2 6 7.A drug test conducted as a part of a physical2 7examination performed as a part of a preemployment2 8physical or as a part of a regularly scheduled2 9physical is only permissibleIn addition to drug 2 10 testing permitted by subsection 3, drug testing of an 2 11 employee or applicant for employment shall also be 2 12 permitted under the following circumstances: 2 13 a. For a preemployment physical, the employer 2 14 shall include notice that a drug test will be part of 2 15 a preemployment physical in any notice or 2 16 advertisement soliciting applicants for employment or 2 17 in the application for employment, and an applicant 2 18 for employment shall be personally informed of the 2 19 requirement for a drug test at the first interview. 2 20 b. For a regularly scheduled physical, the 2 21 employer shall give notice that a drug test will be 2 22 part of the physical at least thirty days prior to the 2 23 date the physical is scheduled. 2 24 c. An employer may require an employee, as a 2 25 condition of employment, to undergo drug testing if 2 26 that employee has been referred by the employer for 2 27 substance abuse evaluation pursuant to subsection 3, 2 28 paragraph "f", and treatment, if recommended by the 2 29 evaluation. The employee may be required to undergo 2 30 drug testing without prior notice, but in no case 2 31 shall more than two tests be conducted in the twelve- 2 32 month period following the employee's completion of 2 33 substance abuse treatment if the treatment was 2 34 recommended by the evaluation. No drug test shall be 2 35 required of an employee by an employer during drug 2 36 treatment of the employee, if such testing would 2 37 duplicate testing of the employee conducted in the 2 38 course of treatment and the employee has waived 2 39 confidentiality as to the employer of the results of 2 40 such testing. No employer shall require an employee 2 41 to submit to drug testing under this paragraph if more 2 42 than six months have elapsed since the employee 2 43 successfully completed drug treatment and the employee 2 44 has not had a drug test indicating the presence of 2 45 alcohol or an illegal controlled substance during that 2 46 six-month period. 2 47 Drug testing conducted under this subsection shall 2 48 conform to the requirements of subsection 3, 2 49 paragraphs "c", "d", "e", and "f"; however, paragraph 2 50 "f" shall not apply to drug tests conducted as a part 3 1 of a preemployment physical. 3 2 Sec. 4. EMPLOYMENT DRUG TESTING STUDY. The 3 3 legislative council is requested to establish a study 3 4 committee on drug testing of employees and applicants 3 5 for employment." 3 6 #2. Title page, line 2, by striking the words 3 7 "employer defenses" and inserting the following: "a 3 8 study of employment drug testing". 3 9 3 10 3 11 3 12 NELSON of Pottawattamie 3 13 3 14 3 15 3 16 JOCHUM of Dubuque 3 17 3 18 3 19 3 20 HARPER of Black Hawk 3 21 3 22 3 23 3 24 COHOON of Des Moines 3 25 HF 258.502 76 3 26 ec/jw
Text: H03322 Text: H03324 Text: H03300 - H03399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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