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House Journal: Page 482: Wednesday, March 4, 1998

16   from initial collection to each stage in handling,
17   testing, and storage, through final disposition.
18     (2)  An employee or prospective employee shall be
19   provided an opportunity to provide any information
20   which may be considered relevant to the test,
21   including identification of prescription or
22   nonprescription drugs currently or recently used, or
23   other relevant medical information.  To assist an
24   employee or prospective employee in providing the
25   information described in this subparagraph, the
26   employer shall provide an employee or prospective
27   employee with a list of the drugs to be tested.
28     d.  Sample collection, storage, and transportation
29   to the place of testing shall be performed so as to
30   reasonably preclude the possibility of sample
31   contamination, adulteration, or misidentification.
32     e.  All confirmatory drug testing shall be
33   conducted at a laboratory certified by the United
34   States department of health and human services'
35   substance abuse and mental health services
36   administration or approved under rules adopted by the
37   Iowa department of public health.
38     f.  Drug or alcohol testing shall include
39   confirmation of any initial positive test results.
40   For drug or alcohol testing, confirmation shall be by
41   use of a different chemical process than was used in
42   the initial screen for drugs or alcohol.  The
43   confirmatory drug or alcohol test shall be a
44   chromatographic technique such as gas chromatography
45   or mass spectrometry, or another comparably reliable
46   analytical method.  An employer may take adverse
47   employment action, including refusal to hire a
48   prospective employee, based on a confirmed positive
49   drug or alcohol test.
50     g.  A medical review officer shall, prior to the

Page 6

 1   results being reported to an employer, review and
 2   interpret any confirmed positive test results,
 3   including both quantitative and qualitative test
 4   results, to ensure that the chain of custody is
 5   complete and sufficient on its face and that any
 6   information provided by the individual pursuant to
 7   paragraph "c", subparagraph (2), is considered.
 8     h.  In conducting drug or alcohol testing pursuant
 9   to this section, the laboratory, the medical review
10   officer, and the employer shall ensure, to the extent
11   feasible, that the testing only measure, and the
12   records concerning the testing only show or make use
13   of information regarding, alcohol or drugs in the
14   body.
15     i.  (1)  If a confirmed positive drug or alcohol

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