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House Journal: Page 360: Monday, February 19, 1996

18   of the employer's rules or policies regarding alcohol
19   and controlled substances and testing when a workplace
20   accident or injury occurs.
21     Sec. 4.  Section 730.5, subsection 3, paragraph c,
22   Code 1995, is amended to read as follows:
23     c.  The test sample withdrawn from the employee is
24   analyzed by a laboratory or testing facility that has
25   been approved under rules adopted by the department of
26   public health.  The laboratory or testing facility
27   shall test for and report to the employer only the
28   presence of alcohol or illegal controlled substances
29   in any test sample.  Upon request by an employee or
30   applicant for employment, the employer shall provide
31   to the employee or applicant the results of any drug
32   test.  The rules adopted by the department of public
33   health shall provide for all of the following:
34     (1)  The initial screening test may utilize
35   immunoassay, thin layer, high performance liquid or
36   gas chromatography, or an equivalent technology.  If
37   the initial test utilizes immunoassay, the test kit
38   must meet the requirements of the United States food
39   and drug administration.
40     (2)  Samples which have tested positive by initial
41   testing, with the exception of alcohol, shall be
42   confirmed by gas chromatography-mass spectrometry or
43   by a scientifically equivalent technique approved by
44   the department.
45     (3)  All initial positive drug test results with
46   the exception of alcohol shall be confirmed by gas
47   chromatography-mass spectrometry or an equivalent test
48   approved by the department before being reported as
49   positive or negative.
50     (4)  All initial positive test results for alcohol

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 1   shall be confirmed by gas chromatography, or a test
 2   that is recognized by the department as an equivalent
 3   test before being reported as positive or negative.
 4     (5)  Preliminary reports for drugs other than
 5   alcohol shall not be issued in the absence of
 6   confirmation by gas chromatography-mass spectrometry
 7   or a scientifically equivalent test approved by the
 8   department.
 9     (6)  Complete chain of custody procedures shall be
10   used for referred specimens.  When sample volumes
11   permit, it is recommended that only an aliquot of the
12   original specimen be sent to a reference laboratory.
13     Sec. 5.  Section 730.5, subsection 7, Code 1995, is
14   amended to read as follows:
15     7.  A drug test conducted as a part of a physical
16   examination performed as a part of a preemployment
17   physical or as a part of a regularly scheduled

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

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