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House Journal: Page 832: Monday, March 20, 1995

12   certification program or the college of American
13   pathologists as such more accurate technology becomes
14   available in a cost-effective form.
15     i.  "Job applicant" means a person who has applied
16   for a position and been offered employment subject to
17   passing a substance abuse test.  A job applicant may
18   have begun work pending the results of the substance
19   abuse test.
20     j.  "Manufacture", "sale", "distribution",
21   "solicitation", "possession with intent to sell or
22   distribute", and "use" shall have the same meaning as
23   those terms are used in chapter 124.
24     k.  "Medical review officer" means a licensed
25   physician trained in the field of alcohol and other
26   drug testing who provides medical assessment of
27   positive test results, requests reanalysis if
28   necessary, and makes a determination whether or not
29   alcohol or other drug use has occurred.
30     l.  "Nonprescription medication" means a drug or
31   medication authorized pursuant to federal or state law
32   for general distribution and use without a
33   prescription in the treatment of human disease,
34   ailments, or injuries.
35     m.  "Prescription medication" means a drug or
36   medication lawfully prescribed by a physician for an
37   individual and taken by the individual only in
38   accordance with such prescription.
39     n.  "Reasonable suspicion testing" means substance
40   abuse testing based on evidence that an employee is
41   using or has used alcohol or other drugs in violation
42   of the employer's policy drawn from specific objective
43   and articulable facts and reasonable inferences drawn
44   from those facts in light of experience.  Among other
45   things, such facts and inferences may be based upon,
46   but not limited to, any one of the following:
47     (1)  Observable phenomena while at work, such as
48   direct observation of alcohol or other drug use or
49   abuse or of the physical symptoms or manifestations of
50   being impaired due to alcohol or other drug use.
Page 3
 1     (2)  Abnormal conduct or erratic behavior while at
 2   work or a significant deterioration in work
 3   performance.
 4     (3)  A report of alcohol or other drug use provided
 5   by a reliable and credible source.
 6     (4)  Evidence that an individual has tampered with
 7   any substance abuse test during the employee's
 8   employment with the current employer.
 9     (5)  Evidence that an employee has caused or
10   contributed to an accident while at work.
11     (6)  Evidence that an employee has manufactured,
12   sold, distributed, solicited, possessed, used, or

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00800/00832.html
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