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House Journal: Page 516: Wednesday, March 4, 1998

12   written policy to be payable by the employee or
13   prospective employee to the medical review officer for
14   reimbursement of expenses concerning the test.  The
15   fee charged an employee or prospective employee shall
16   be an amount, not in excess of one hundred dollars,
17   that represents the costs associated with conducting
18   the second confirmatory test, which shall be
19   consistent with the employer's cost for conducting the
20   initial confirmatory test on an employee's or
21   prospective employee's sample.  If the employee or
22   prospective employee requests a second confirmatory
23   test, identifies a certified or approved laboratory to
24   conduct the test, and pays the medical review officer
25   the fee for the test within fifteen days from the date
26   the employee or prospective employee receives written
27   notice of the right to request a test, a second
28   confirmatory test shall be conducted at the laboratory
29   chosen by the employee or prospective employee.  The
30   results of the second confirmatory test shall be
31   reported to the medical review officer who reviewed
32   the initial confirmatory test results and the medical
33   review officer shall review the results and issue a
34   report to the employer and the employee or prospective
35   employee tested that the results of the drug or
36   alcohol test were confirmed as positive if the results
37   of the second confirmatory test confirmed the initial
38   confirmatory test as to the presence of a specific
39   drug or alcohol.  If the results of the second test do
40   not confirm the results of the initial confirmatory
41   test, the medical review officer shall report to the
42   employer that the result of the drug or alcohol test
43   is negative and not a confirmed positive test result
44   for purposes of this section.
45     j.  A report of the results of a drug or alcohol
46   test issued to an employer and the individual tested
47   shall only indicate, as to an employee or prospective
48   employee, whether the test results were positive or
49   negative, pursuant to the review and interpretation of
50   a medical review officer as provided in this

Page 6

 1   subsection.  An inconclusive test result shall be
 2   reported as a negative test result.  If the test
 3   results are positive, the report shall only indicate
 4   whether drugs or alcohol were present, which drugs
 5   were present if applicable, information concerning the
 6   amount of alcohol present, and a statement from the
 7   medical review officer that any information provided
 8   by the employee or prospective employee fails to
 9   explain the results.
10     7.  DRUG OR ALCOHOL TESTING.  Employers may conduct
11   drug or alcohol testing as provided in this

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