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House Journal: Page 839: Monday, March 20, 1995

19   specimen collection shall use chain of custody
20   procedures to ensure proper recordkeeping, handling,
21   labeling, and identification of all specimens to be
22   tested.
23     (11)  An employer shall pay the cost of all initial
24   and confirmation substance abuse tests that the
25   employer requires of job applicants or employees.
26     (12)  An employee or job applicant shall pay the
27   cost of any additional tests that the employee or job
28   applicant requests.
29     (13)  If test is conducted based on reasonable
30   suspicion, the employer shall promptly detail in
31   writing the circumstances that formed the basis of the
32   determination that reasonable suspicion existed to
33   warrant the testing.  A copy of this documentation
34   shall be given to the employee and the original
35   documentation shall be kept confidential by the
36   employer pursuant to subsection 9 and retained by the
37   employer for at least one year, or maintained
38   throughout the duration of any legal proceedings
39   resulting from the testing.
40     e.  No laboratory may analyze initial or
41   confirmation drug specimens unless:
42     (1)  The laboratory is approved by the national
43   laboratory certification program or the college of
44   American pathologists.
45     (2)  The laboratory has written procedures to
46   ensure the chain of custody.
47     (3)  The laboratory follows proper quality control
48   procedures including, but not limited to:
49     (a)  The use of internal quality controls including
50   the use of samples of known concentrations that are
Page 10
 1   used to check the performance and calibration of
 2   testing equipment, and periodic use of blind samples
 3   for overall accuracy.
 4     (b)  An internal review and certification process
 5   for substance abuse test results, conducted by a
 6   person qualified to perform that function in the
 7   testing laboratory.
 8     (c)  Security measures implemented by the testing
 9   laboratory to preclude adulteration of specimens and
10   test results.
11     (d)  Other necessary and proper actions taken to
12   ensure reliable and accurate test results.
13     f.  A laboratory shall disclose to the employer a
14   written test result report within seven working days
15   after receipt of the sample.  All laboratory reports
16   of a substance abuse test result shall, at a minimum,
17   state:
18     (1)  The name and address of the laboratory that
19   performed the test and the positive identification of

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