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House Journal: Page 515: Wednesday, March 4, 1998

12   not be disclosed to the employer but shall be
13   delivered to the facility conducting confirmatory
14   testing.  To assist an employee or prospective
15   employee in providing the information described in
16   this subparagraph, the employer shall provide an
17   employee or prospective employee with a list of the
18   drugs to be tested.
19     d.  Sample collection, storage, and transportation
20   to the place of testing shall be performed so as to
21   reasonably preclude the possibility of sample
22   contamination, adulteration, or misidentification.
23     e.  All drug testing, including both initial and
24   confirmatory testing, shall be conducted at a
25   laboratory certified by the United States department
26   of health and human services' substance abuse and
27   mental health services administration or approved
28   under rules adopted by the Iowa department of public
29   health.
30     f.  Drug or alcohol testing shall include
31   confirmation of any initial positive test results.
32   For drug testing, confirmation shall be by use of a
33   different chemical process than was used in the
34   initial drug screen.  The confirmatory drug test shall
35   be a chromatographic technique such as gas
36   chromatography or mass spectrometry, or another
37   comparably reliable analytical method.
38     g.  A medical review officer shall, prior to the
39   results being reported to an employer and the employee
40   or prospective employee tested, review and interpret
41   any confirmed positive test results, including both
42   quantitative and qualitative test results, to ensure
43   that the chain of custody is complete and sufficient
44   on its face and that any information provided by the
45   individual pursuant to paragraph "c", subparagraph
46   (2), is considered.
47     h.  In conducting drug or alcohol testing pursuant
48   to this section, the employer shall ensure that the
49   testing only measure, and the records concerning the
50   testing only show or make use of information

Page 5

 1   regarding, alcohol or drugs in the body.
 2     i.  If a positive drug or alcohol test for an
 3   employee or prospective employee is confirmed by the
 4   medical review officer, the medical review officer
 5   shall notify the employee or prospective employee in
 6   writing of the results of the test, the employee's or
 7   prospective employee's right to request and obtain a
 8   confirmatory test of the second sample collected
 9   pursuant to paragraph "b" at a certified or approved
10   laboratory of the employee's or prospective employee's
11   choice, and the fee established by the employer's

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