Text: S03122 Text: S03124 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 408 as follows: 1 2 #1. Page 1, line 2, by striking the words "new 1 3 paragraph" and inserting the following: "new 1 4 paragraphs". 1 5 #2. Page 1, by inserting after line 11 the 1 6 following: 1 7 "NEW PARAGRAPH. cd. "Employee testing compliance 1 8 officer" means a licensed chiropractor, nurse 1 9 practitioner, or physician assistant who has knowledge 1 10 of substance abuse disorders and has appropriate 1 11 medical training to perform tasks delegated by a 1 12 medical review officer consistent with the mandatory 1 13 guidelines for federal workplace drug testing 1 14 programs. 1 15 Sec. . Section 730.5, subsection 1, paragraph 1 16 f, Code 1999, is amended by striking the paragraph and 1 17 inserting in lieu thereof the following: 1 18 f. "Medical review officer" means a physician 1 19 licensed to practice medicine and surgery or 1 20 osteopathic medicine and surgery who receives 1 21 laboratory results generated by an employer's drug or 1 22 alcohol testing program and who interprets and 1 23 evaluates an individual's confirmed positive test 1 24 result, along with the individual's medical history 1 25 and any other relevant biomedical information, 1 26 consistent with the mandatory guidelines for federal 1 27 workplace drug testing programs. 1 28 Sec. . Section 730.5, subsection 7, paragraph 1 29 g, Code 1999, is amended to read as follows: 1 30 g. A medical review officer shall, prior to the 1 31 results being reported to an employer, review and 1 32 interpret any confirmed positive test results, 1 33 including both quantitative and qualitative test 1 34 results, to ensure that the chain of custody is 1 35 complete and sufficient on its face and that any 1 36 information provided by the individual pursuant to 1 37 paragraph "c", subparagraph (2), is considered. An 1 38 employee testing compliance officer may assist a 1 39 medical review officer in conducting the review 1 40 required by this paragraph. 1 41 Sec. . Section 730.5, subsection 7, paragraph 1 42 h, Code 1999, is amended to read as follows: 1 43 h. In conducting drug or alcohol testing pursuant 1 44 to this section, the laboratory, the medical review 1 45 officer, an employee testing compliance officer, if 1 46 applicable, and the employer shall ensure, to the 1 47 extent feasible, that the testing only measure, and 1 48 the records concerning the testing only show or make 1 49 use of information regarding, alcohol or drugs in the 1 50 body." 2 1 #3. Page 2, by inserting after line 8 the 2 2 following: 2 3 "Sec. . Section 730.5, subsection 13, paragraph 2 4 b, Code 1999, is amended to read as follows: 2 5 b. An employee, or a prospective employee, who is 2 6 the subject of a drug or alcohol test conducted under 2 7 this section pursuant to an employer's written policy 2 8 and for whom a confirmed positive test result is 2 9 reported shall, upon written request, have access to 2 10 any records relating to the employee's drug or alcohol 2 11 test, including records of the laboratory where the 2 12 testing was conducted and any records relating to the 2 13 results of any relevant certification or review by a 2 14 medical review officer or an employee testing 2 15 compliance officer, if applicable. However, a 2 16 prospective employee shall be entitled to records 2 17 under this paragraph only if the prospective employee 2 18 requests the records within fifteen calendar days from 2 19 the date the employer provided the prospective 2 20 employee written notice of the results of a drug or 2 21 alcohol test as provided in subsection 7, paragraph 2 22 "i", subparagraph (2). 2 23 Sec. . Section 730.5, subsection 13, paragraph 2 24 c, Code 1999, is amended to read as follows: 2 25 c. Except as provided by this section and as 2 26 necessary to conduct drug or alcohol testing under 2 27 this section and to file a report pursuant to 2 28 subsection 16, a laboratory, an employee testing 2 29 compliance officer, and a medical review officer 2 30 conducting drug or alcohol testing under this section 2 31 shall not use or disclose to any person any personally 2 32 identifiable information regarding such testing, 2 33 including the names of individuals tested, even if 2 34 unaccompanied by the results of the test. 2 35 Sec. . Section 730.5, subsection 14, paragraph 2 36 a, Code 1999, is amended to read as follows: 2 37 a. Any laboratory, employee testing compliance 2 38 officer, or medical review officer which discloses 2 39 information in violation of the provisions of 2 40 subsection 7, paragraph "h" or "k", or any employer 2 41 who, through the selection process described in 2 42 subsection 1, paragraph "k", improperly targets or 2 43 exempts employees subject to unannounced drug or 2 44 alcohol testing, shall be subject to a civil penalty 2 45 of one thousand dollars for each violation. The 2 46 attorney general or the attorney general's designee 2 47 may maintain a civil action to enforce this 2 48 subsection. Any civil penalty recovered shall be 2 49 deposited in the general fund of the state. 2 50 Sec. . Section 730.5, subsection 14, paragraph 3 1 b, Code 1999, is amended to read as follows: 3 2 b. A laboratory, employee testing compliance 3 3 officer, or medical review officer involved in the 3 4 conducting of a drug or alcohol test pursuant to this 3 5 section shall be deemed to have the necessary contact 3 6 with this state for the purpose of subjecting the 3 7 laboratory, employee testing compliance officer, or 3 8 medical review officer to the jurisdiction of the 3 9 courts of this state." 3 10 #4. By renumbering as necessary. 3 11 3 12 3 13 3 14 STEVE KING 3 15 SF 408.301 78 3 16 ec/cf
Text: S03122 Text: S03124 Text: S03100 - S03199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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