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House Journal: Page 838: Monday, March 20, 1995

18     (3)  Specimen collection, storage, and
19   transportation to the testing site shall be performed
20   in a manner that will reasonably preclude specimen
21   contamination or adulteration.
22     (4)  An employee or prospective employee shall have
23   an opportunity to provide notification of any
24   information that may be considered as relevant to the
25   test, including identification of currently or
26   recently used prescriptions or nonprescription drugs,
27   or other relevant medical information.  This may be
28   accomplished by providing procedures for review by a
29   qualified medical professional in the case of a sample
30   that tests "positive" in a confirmatory test.
31     (5)  Each initial and confirmation test conducted
32   under this section, not including the taking or
33   collecting of a specimen to be tested, shall be
34   conducted by a laboratory certified by the federal
35   department of health and human services' national
36   laboratory certification program or the college of
37   American pathologists as described in paragraph (e) of
38   this subsection, or, for alcohol, handled in
39   accordance with United States department of
40   transportation regulations relating to alcohol
41   testing.
42     (6)  A specimen for a test may be taken or
43   collected by any of the following persons:
44     (a)  A physician, a physician's assistant, a
45   registered professional nurse, a licensed practical
46   nurse, a nurse practitioner, or a certified paramedic
47   who is present at the scene of an accident for the
48   purpose of rendering emergency medical service or
49   treatment.
50     (b)  A qualified person certified or employed by a
Page 9
 1   laboratory certified by the federal department of
 2   health and human services' national laboratory
 3   certification program.
 4     (c)  A qualified person certified or employed by a
 5   specimen collection company.
 6     (7)  Within seven working days after receipt of a
 7   positive confirmed test result from the laboratory, an
 8   employer shall inform an employee or job applicant in
 9   writing of such positive test result, the consequences
10   of such results, and the options available to the
11   employee or job applicant.
12     (8)  The employer shall provide to the employee or
13   job applicant, upon request, a copy of the test
14   results.
15     (9)  An initial test having a positive result must
16   be verified by a confirmation test, or it shall be
17   certified as a negative result.
18     (10)  An employer who performs drug testing or

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