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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