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26 that employee has been referred by the employer for 27 substance abuse evaluation pursuant to subsection 3, 28 paragraph "f", and treatment, if recommended by the 29 evaluation. The employee may be required to undergo 30 drug testing without prior notice, but in no case 31 shall more than two tests be conducted in the twelve- 32 month period following the employee's completion of 33 substance abuse treatment if the treatment was 34 recommended by the evaluation. No drug test shall be 35 required of an employee by an employer during drug 36 treatment of the employee, if such testing would 37 duplicate testing of the employee conducted in the 38 course of treatment and the employee has waived 39 confidentiality as to the employer of the results of 40 such testing. No employer shall require an employee 41 to submit to drug testing under this paragraph if more 42 than six months have elapsed since the employee 43 successfully completed drug treatment and the employee 44 has not had a drug test indicating the presence of 45 alcohol or an illegal controlled substance during that 46 six-month period. 47 Drug testing conducted under this subsection shall 48 conform to the requirements of subsection 3, 49 paragraphs "c", "d", "e", and "f"; however, paragraph 50 "f" shall not apply to drug tests conducted as a part Page 3 1 of a preemployment physical. 2 Sec. 4. EMPLOYMENT DRUG TESTING STUDY. The 3 legislative council is requested to establish a study 4 committee on drug testing of employees and applicants 5 for employment." 6 2. Title page, line 2, by striking the words 7 "employer defenses" and inserting the following: "a 8 study of employment drug testing". Fallon of Polk offered the following amendment H-3328, to amendment H-3323, filed by him and moved its adoption: H-3328 1 Amend the amendment, H-3323, to House File 258 as 2 follows: 3 1. Page 1, by inserting after line 3 the 4 following: 5 ""Section 1. Section 2.43, Code 1995, is amended 6 by adding the following new unnumbered paragraph: 7 NEW UNNUMBERED PARAGRAPH. The pastor of the day 8 for the general assembly shall submit to a drug test 9 conducted pursuant to the requirements of section 10 730.5, subsection 3, paragraphs "c" and "d", on the 11 date the pastor is the pastor of the day. Failure to 12 submit to a drug test as required by this section or a
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