Text: S03122                            Text: S03124
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3123

Amendment Text

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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