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House Journal: Page 840: Monday, March 20, 1995

20   the person tested.
21     (2)  Positive results on confirmation tests only,
22   or negative results, as applicable.
23     (3)  A list of the drugs for which the drug
24   analyses were conducted.
25     (4)  The type of tests conducted for both initial
26   and confirmation tests and the minimum cutoff levels
27   to establish a positive substance abuse test result.
28   No report shall disclose the presence or absence of
29   any drug other than a specific drug and its
30   metabolites listed pursuant to this section.
31     g.  Laboratories shall provide technical assistance
32   to the employer, employee, or job applicant for the
33   purpose of interpreting any positive confirmed test
34   results which could have been caused by prescription
35   or nonprescription medication taken by the employee or
36   job applicant.
37     h.  All positive initial tests shall be confirmed
38   using the gas chromatography/mass spectrometry method
39   or an equivalent or more accurate and scientifically
40   accepted method approved by the national laboratory
41   certification program or the college of American
42   pathologists as such technology becomes available in a
43   cost-effective form.
44     9.  a.  All information, interviews, reports,
45   statements, memoranda, and test results, written or
46   otherwise, received by the employer through a
47   substance abuse testing program are confidential
48   communications as they pertain to the employee only
49   and may not be used or received in evidence, obtained
50   in discovery, or disclosed in any public or private
Page 11
 1   proceedings, except in accordance with this section.
 2     b.  Employers, laboratories, medical review
 3   officers, and their agents who receive or have access
 4   to information concerning test results shall keep all
 5   information confidential.  Release of such information
 6   under any other circumstances shall be solely pursuant
 7   to a written consent form signed voluntarily by the
 8   person tested, unless such release is compelled by an
 9   agency of the state or a court of competent
10   jurisdiction or unless deemed appropriate by a pro-
11   fessional or occupational licensing board in a related
12   disciplinary proceeding.  The consent form must
13   contain at a minimum:
14     (1)  The name of the person who is authorized to
15   obtain the information.
16     (2)  The purpose of the disclosure.
17     (3)  The precise information to be disclosed.
18     (4)  The duration of the consent.
19     (5)  The signature of the person authorizing
20   release of the information.

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