Text: H08700 Text: H08702 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2533 as follows:
1 2 #1. Page 27, by inserting after line 3 the
1 3 following:
1 4 "Sec. ___. Section 260C.14, Code Supplement 1997,
1 5 is amended by adding the following new subsection:
1 6 NEW SUBSECTION. 22. By July 1, 1999, adopt a
1 7 written policy under which the community college shall
1 8 carry out drug testing of student or prospective
1 9 students prior to issuing state-supported loans,
1 10 grants, or scholarships to a student or prospective
1 11 student. The written policy shall be provided to a
1 12 student or prospective student prior to drug testing
1 13 carried out in accordance with this subsection. The
1 14 community colleges shall require students or
1 15 prospective students to submit to a test for the
1 16 presence of drugs, as defined in section 730.5, prior
1 17 to the issuance of a state-supported loan, grant, or
1 18 scholarship. A positive result on the drug test makes
1 19 the student ineligible for a state-sponsored loan,
1 20 grant, or scholarship. Students and prospective
1 21 students shall be provided an opportunity to provide
1 22 any information that may be considered relevant to the
1 23 test, including identification of prescription or
1 24 nonprescription drugs currently or recently used, or
1 25 other relevant medical information. To assist a
1 26 student or prospective student in providing the
1 27 information described in this subsection, the
1 28 community college shall provide a student or
1 29 prospective student with a list of the drugs to be
1 30 tested. Drug testing shall include confirmation of
1 31 any initial positive test results. For drug testing,
1 32 confirmation shall be by use of a different chemical
1 33 process than was used in the initial screen for drugs.
1 34 The confirmatory drug test shall be a chromatographic
1 35 technique such as gas chromatography or mass
1 36 spectrometry, or another comparably reliable
1 37 analytical method.
1 38 All communications received by the community
1 39 college relevant to a student's or prospective
1 40 student's drug test results, or otherwise received
1 41 through the community college's drug testing program,
1 42 are confidential communications and shall not be used
1 43 or received in evidence, obtained in discovery, or
1 44 disclosed in any public or private proceeding, except
1 45 as otherwise provided or authorized by this
1 46 subsection. A student or a prospective student, who
1 47 is the subject of a drug test conducted under this
1 48 subsection and for whom a confirmed positive test
1 49 result is reported, shall, upon written request, have
1 50 access to any records relating to the individual's
2 1 drug test, including records of the laboratory where
2 2 the testing was conducted and any records relating to
2 3 the results of any relevant certification or review by
2 4 a medical review officer. Except as necessary to
2 5 conduct drug testing under this subsection and to file
2 6 a report, a laboratory and a medical review officer
2 7 conducting drug testing under this subsection shall
2 8 not use or disclose to any person any personally
2 9 identifiable information regarding such testing,
2 10 including the names of individuals tested, even if
2 11 unaccompanied by the results of the test."
2 12 #2. Page 28, by inserting after line 22 the
2 13 following:
2 14 "Sec. ___. Section 262.9, Code Supplement 1997, is
2 15 amended by adding the following new subsection:
2 16 NEW SUBSECTION. 30. Direct the institutions of
2 17 higher learning under its control to carry out drug
2 18 testing within the terms of a written policy each
2 19 institution shall adopt by July 1, 1999, and provide
2 20 to every student or prospective student prior to
2 21 testing. The institutions shall require students to
2 22 submit to a test for the presence of drugs, as defined
2 23 in section 730.5, prior to the issuance of a state-
2 24 supported loan, grant, or scholarship. A positive
2 25 result on the drug test makes the student ineligible
2 26 for a state-sponsored loan, grant, or scholarship.
2 27 Students and prospective students shall be provided an
2 28 opportunity to provide any information that may be
2 29 considered relevant to the test, including
2 30 identification of prescription or nonprescription
2 31 drugs currently or recently used, or other relevant
2 32 medical information. To assist a student or
2 33 prospective student in providing the information
2 34 described in this subsection, the institution shall
2 35 provide a student or prospective student with a list
2 36 of the drugs to be tested. Drug testing shall include
2 37 confirmation of any initial positive test results.
2 38 For drug testing, confirmation shall be by use of a
2 39 different chemical process than was used in the
2 40 initial screen for drugs. The confirmatory drug test
2 41 shall be a chromatographic technique such as gas
2 42 chromatography or mass spectrometry, or another
2 43 comparably reliable analytical method.
2 44 All communications received by the institution
2 45 relevant to a student's or prospective student's drug
2 46 test results, or otherwise received through the
2 47 institution's drug testing program, are confidential
2 48 communications and shall not be used or received in
2 49 evidence, obtained in discovery, or disclosed in any
2 50 public or private proceeding, except as otherwise
3 1 provided or authorized by this subsection. A student
3 2 or a prospective student, who is the subject of a drug
3 3 test conducted under this subsection and for whom a
3 4 confirmed positive test result is reported, shall,
3 5 upon written request, have access to any records
3 6 relating to the individual's drug test, including
3 7 records of the laboratory where the testing was
3 8 conducted and any records relating to the results of
3 9 any relevant certification or review by a medical
3 10 review officer. Except as necessary to conduct drug
3 11 testing under this subsection and to file a report, a
3 12 laboratory and a medical review officer conducting
3 13 drug testing under this subsection shall not use or
3 14 disclose to any person any personally identifiable
3 15 information regarding such testing, including the
3 16 names of individuals tested, even if unaccompanied by
3 17 the results of the test."
3 18 #3. By renumbering as necessary.
3 19
3 20
3 21
3 22 BRUNKHORST of Bremer
3 23
3 24
3 25
3 26 THOMSON of Linn
3 27 HF 2533.514 77
3 28 kh/jw/28
Text: H08700 Text: H08702 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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