Text: HF00022                           Text: HF00024
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House File 23

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 730.5, subsection 7, paragraph b, Code
  1  2 1999, is amended to read as follows:
  1  3    b.  Sample collection for testing of current employees,
  1  4 except for the collection of a breath sample for alcohol
  1  5 testing, shall be performed so that the specimen is split into
  1  6 two components at the time of collection in the presence of
  1  7 the individual from whom the sample or specimen is collected.
  1  8 The second portion of the specimen or sample shall be of
  1  9 sufficient quantity to permit a second, independent
  1 10 confirmatory test as provided in paragraph "i".  If the
  1 11 specimen is urine, the sample shall be split such that the
  1 12 primary sample contains at least thirty milliliters and the
  1 13 secondary sample contains at least fifteen milliliters.  Both
  1 14 portions of the sample shall be forwarded to the laboratory
  1 15 conducting the initial confirmatory testing.  In addition to
  1 16 any requirements for storage of the initial sample that may be
  1 17 imposed upon the laboratory as a condition for certification
  1 18 or approval, the laboratory shall store the second portion of
  1 19 any sample until receipt of a confirmed negative test result
  1 20 or for a period of at least forty-five calendar days following
  1 21 the completion of the initial confirmatory testing, if the
  1 22 first portion yielded a confirmed positive test result.
  1 23    Sec. 2.  Section 730.5, subsection 7, paragraph c,
  1 24 subparagraph (1), Code 1999, is amended to read as follows:
  1 25    (1)  Samples, except for breath samples collected for
  1 26 alcohol testing, shall be labeled so as to reasonably preclude
  1 27 the possibility of misidentification of the person tested in
  1 28 relation to the test result provided, and samples shall be
  1 29 handled and tracked in a manner such that control and
  1 30 accountability are maintained from initial collection to each
  1 31 stage in handling, testing, and storage, through final
  1 32 disposition.
  1 33    Sec. 3.  Section 730.5, subsection 7, paragraph f, Code
  1 34 1999, is amended to read as follows:
  1 35    f.  Drug or alcohol testing shall include confirmation of
  2  1 any initial positive test results.  For drug or alcohol
  2  2 testing, confirmation shall be by use of a different chemical
  2  3 process than was used in the initial screen for drugs or
  2  4 alcohol.  The confirmatory drug or alcohol test shall be a
  2  5 chromatographic technique such as gas chromatography or mass
  2  6 spectrometry, or another comparably reliable analytical
  2  7 method.  An employer may take adverse employment action,
  2  8 including refusal to hire a prospective employee, based on a
  2  9 confirmed positive drug or alcohol test.
  2 10    (1)  For drug or alcohol testing, except for alcohol
  2 11 testing where the sample tested is breath, confirmation shall
  2 12 be by use of a different chemical process than was used in the
  2 13 initial screen for drugs or alcohol.  The confirmatory drug or
  2 14 alcohol test shall be a chromatographic technique such as gas
  2 15 chromatography/mass spectrometry, or another comparably
  2 16 reliable analytical method.
  2 17    (2)  Notwithstanding any provision of this section to the
  2 18 contrary, for alcohol testing where the sample tested is
  2 19 breath, initial and confirmatory testing shall be conducted
  2 20 pursuant to rules adopted by the commissioner of public safety
  2 21 as required by this subparagraph.  The commissioner of public
  2 22 safety shall adopt rules for evidential breath-testing
  2 23 devices, alcohol screening devices, and for personnel
  2 24 administering initial and confirmatory breath alcohol testing,
  2 25 which shall be consistent with rules adopted by the United
  2 26 States department of transportation governing alcohol testing
  2 27 required to be conducted pursuant to the federal Omnibus
  2 28 Transportation Employee Testing Act of 1991.  If any federal
  2 29 rule, standard, or regulation is subsequently changed, the
  2 30 commissioner shall, within ninety days, review such change and
  2 31 take such action as is necessary to conform state requirements
  2 32 with the change.
  2 33    Sec. 4.  Section 730.5, subsection 7, paragraph g, Code
  2 34 1999, is amended to read as follows:
  2 35    g.  A medical review officer shall, prior to the results
  3  1 being reported to an employer, review and interpret any
  3  2 confirmed positive test results, including both quantitative
  3  3 and qualitative test results, to ensure that the chain of
  3  4 custody is complete and sufficient on its face and that any
  3  5 information provided by the individual pursuant to paragraph
  3  6 "c", subparagraph (2), is considered.  However, this paragraph
  3  7 shall not apply to alcohol testing where the sample tested is
  3  8 breath if the testing requirements of paragraph "f",
  3  9 subparagraph (2), are met.
  3 10    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  3 11 immediate importance, takes effect upon enactment.  
  3 12                           EXPLANATION
  3 13    This bill makes changes governing alcohol testing of
  3 14 private sector employees and prospective employees when the
  3 15 sample tested is breath.  The bill provides that initial and
  3 16 confirmatory testing for alcohol, when the sample tested is
  3 17 breath, shall be conducted pursuant to requirements adopted by
  3 18 the commissioner of public safety, which shall be consistent
  3 19 with the applicable current requirements adopted by the United
  3 20 States department of transportation to govern alcohol testing
  3 21 required to be conducted pursuant to the federal Omnibus
  3 22 Transportation Employee Testing Act of 1991.  The bill
  3 23 requires the commissioner to modify the rules to the extent
  3 24 that the federal requirements are changed.  Current drug and
  3 25 alcohol testing requirements for confirmatory testing of a
  3 26 positive test result and sample collection, specifically the
  3 27 requirements for split samples and sample documentation, are
  3 28 made inapplicable to alcohol testing when a breath sample is
  3 29 used.
  3 30    The bill takes effect upon enactment.  
  3 31 LSB 1346YH 78
  3 32 ec/jw/5.1
     

Text: HF00022                           Text: HF00024
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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