Text: SSB01179                          Text: SSB01181
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index



Senate Study Bill 1180

Bill Text

PAG LIN
  1  1    Section 1.  Section 730.5, subsection 1, Code 1999, is
  1  2 amended by adding the following new paragraphs after paragraph
  1  3 c:
  1  4    NEW PARAGRAPH.  cc.  "Employee assistance program" means a
  1  5 workplace-focused program, established by an employer or
  1  6 union, which is designed to assist employees in identifying
  1  7 and planning solutions for personal concerns including alcohol
  1  8 or drug-related issues that may affect job performance and to
  1  9 provide training and consultation services for work
  1 10 organizations addressing issues related to such personal
  1 11 concerns.
  1 12    NEW PARAGRAPH.  cd.  "Employee testing compliance officer"
  1 13 means a licensed chiropractor, nurse practitioner, or
  1 14 physician assistant who has knowledge of substance abuse
  1 15 disorders and has appropriate medical training to perform
  1 16 tasks delegated by a medical review officer consistent with
  1 17 the mandatory guidelines for federal workplace drug testing
  1 18 programs.
  1 19    Sec. 2.  Section 730.5, subsection 1, paragraph f, Code
  1 20 1999, is amended by striking the paragraph and inserting in
  1 21 lieu thereof the following:
  1 22    f.  "Medical review officer" means a physician licensed to
  1 23 practice medicine and surgery or osteopathic medicine and
  1 24 surgery who receives laboratory results generated by an
  1 25 employer's drug or alcohol testing program and who interprets
  1 26 and evaluates an individual's confirmed positive test result,
  1 27 along with the individual's medical history and any other
  1 28 relevant biomedical information, consistent with the mandatory
  1 29 guidelines for federal workplace drug testing programs.
  1 30    Sec. 3.  Section 730.5, subsection 7, paragraph c,
  1 31 subparagraph (2), Code 1999, is amended to read as follows:
  1 32    (2)  An employee or prospective employee shall be provided
  1 33 an opportunity to provide any information which may be
  1 34 considered relevant to the test, including identification of
  1 35 prescription or nonprescription drugs currently or recently
  2  1 used, or other relevant medical information.  To assist an
  2  2 employee or prospective employee in providing the information
  2  3 described in this subparagraph, the employer shall provide an
  2  4 employee or prospective employee with a list of the drugs to
  2  5 be tested.
  2  6    Sec. 4.  Section 730.5, subsection 7, paragraph g, Code
  2  7 1999, is amended to read as follows:
  2  8    g.  A medical review officer shall, prior to the results
  2  9 being reported to an employer, review and interpret any
  2 10 confirmed positive test results, including both quantitative
  2 11 and qualitative test results, to ensure that the chain of
  2 12 custody is complete and sufficient on its face and that any
  2 13 information provided by the individual pursuant to paragraph
  2 14 "c", subparagraph (2), is considered.  An employee testing
  2 15 compliance officer may assist a medical review officer in
  2 16 conducting the review required by this paragraph.
  2 17    Sec. 5.  Section 730.5, subsection 7, paragraph h, Code
  2 18 1999, is amended to read as follows:
  2 19    h.  In conducting drug or alcohol testing pursuant to this
  2 20 section, the laboratory, the medical review officer, an
  2 21 employee testing compliance officer, if applicable, and the
  2 22 employer shall ensure, to the extent feasible, that the
  2 23 testing only measure, and the records concerning the testing
  2 24 only show or make use of information regarding, alcohol or
  2 25 drugs in the body.
  2 26    Sec. 6.  Section 730.5, subsection 9, paragraph b, Code
  2 27 1999, is amended to read as follows:
  2 28    b.  The employer's written policy shall provide uniform
  2 29 requirements for what disciplinary or rehabilitative identify
  2 30 the actions an employer shall may take against an employee or
  2 31 prospective employee upon receipt of a confirmed positive drug
  2 32 or alcohol test result or upon the refusal of the employee or
  2 33 prospective employee to provide a testing sample.  The policy
  2 34 shall provide that any action taken against an employee or
  2 35 prospective employee shall be based only on the results of the
  3  1 drug or alcohol test.  The written policy shall also provide
  3  2 that if rehabilitation is required pursuant to paragraph "g",
  3  3 the employer shall not take adverse employment action against
  3  4 the employee so long as the employee complies with the
  3  5 requirements of rehabilitation and successfully completes
  3  6 rehabilitation.
  3  7    Sec. 7.  Section 730.5, subsection 9, paragraph c,
  3  8 subparagraph (2), Code 1999, is amended to read as follows:
  3  9    (2)  If an employer does not have an employee assistance
  3 10 program, the employer must maintain a resource file of
  3 11 employee assistance services providers, alcohol and other drug
  3 12 abuse programs certified by the Iowa department of public
  3 13 health, mental health providers, and other persons, entities,
  3 14 or organizations available to assist employees with personal
  3 15 or behavioral problems.  The employer shall provide all
  3 16 employees information about the existence of the resource file
  3 17 and a summary of the information contained within the resource
  3 18 file.  The summary should contain, but need not be limited to,
  3 19 all information necessary to access the services listed in the
  3 20 resource file.  In addition, the employer shall post in
  3 21 conspicuous places a listing of multiple employee assistance
  3 22 providers in the area.
  3 23    Sec. 8.  Section 730.5, subsection 9, paragraph g,
  3 24 unnumbered paragraph 1, Code 1999, is amended to read as
  3 25 follows:
  3 26    Upon receipt of a confirmed positive alcohol test which
  3 27 indicates an alcohol concentration greater than the
  3 28 concentration level established by the employer pursuant to
  3 29 this section but less than the concentration level in section
  3 30 321J.2 for operating while under the influence of alcohol, and
  3 31 if the employer has at least fifty employees, and if the
  3 32 employee has been employed by the employer for at least twelve
  3 33 of the preceding eighteen months, and if rehabilitation is
  3 34 agreed upon by the employee, and if the employee has not
  3 35 previously violated the employer's substance abuse prevention
  4  1 policy pursuant to this section, the written policy shall
  4  2 provide for the rehabilitation of the employee pursuant to
  4  3 subsection 10, paragraph "a", subparagraph (1), and the
  4  4 apportionment of the costs of rehabilitation as provided by
  4  5 this paragraph.
  4  6    Sec. 9.  Section 730.5, subsection 9, paragraph h, Code
  4  7 1999, is amended to read as follows:
  4  8    h.  In order to conduct drug or alcohol testing under this
  4  9 section, an employer shall require supervisory personnel of
  4 10 the employer involved with drug or alcohol testing under this
  4 11 section to attend a minimum of two hours of initial training
  4 12 and to attend, on an annual basis thereafter, a minimum of one
  4 13 hour of subsequent training.  The training shall include, but
  4 14 is not limited to, information concerning the recognition of
  4 15 evidence of employee alcohol and other drug abuse, the
  4 16 documentation and corroboration of employee alcohol and other
  4 17 drug abuse, and the referral of employees who abuse alcohol or
  4 18 other drugs to the employee assistance program or to the
  4 19 resource file of employee assistance services providers
  4 20 maintained by the employer pursuant to paragraph "c",
  4 21 subparagraph (2).
  4 22    Sec. 10.  Section 730.5, subsection 13, paragraph b, Code
  4 23 1999, is amended to read as follows:
  4 24    b.  An employee, or a prospective employee, who is the
  4 25 subject of a drug or alcohol test conducted under this section
  4 26 pursuant to an employer's written policy and for whom a
  4 27 confirmed positive test result is reported shall, upon written
  4 28 request, have access to any records relating to the employee's
  4 29 drug or alcohol test, including records of the laboratory
  4 30 where the testing was conducted and any records relating to
  4 31 the results of any relevant certification or review by a
  4 32 medical review officer or an employee testing compliance
  4 33 officer, if applicable.  However, a prospective employee shall
  4 34 be entitled to records under this paragraph only if the
  4 35 prospective employee requests the records within fifteen
  5  1 calendar days from the date the employer provided the
  5  2 prospective employee written notice of the results of a drug
  5  3 or alcohol test as provided in subsection 7, paragraph "i",
  5  4 subparagraph (2).
  5  5    Sec. 11.  Section 730.5, subsection 13, paragraph c, Code
  5  6 1999, is amended to read as follows:
  5  7    c.  Except as provided by this section and as necessary to
  5  8 conduct drug or alcohol testing under this section and to file
  5  9 a report pursuant to subsection 16, a laboratory, an employee
  5 10 testing compliance officer, and a medical review officer
  5 11 conducting drug or alcohol testing under this section shall
  5 12 not use or disclose to any person any personally identifiable
  5 13 information regarding such testing, including the names of
  5 14 individuals tested, even if unaccompanied by the results of
  5 15 the test.
  5 16    Sec. 12.  Section 730.5, subsection 14, paragraph a, Code
  5 17 1999, is amended to read as follows:
  5 18    a.  Any laboratory, employee testing compliance officer, or
  5 19 medical review officer which discloses information in
  5 20 violation of the provisions of subsection 7, paragraph "h" or
  5 21 "k", or any employer who, through the selection process
  5 22 described in subsection 1, paragraph "k", improperly targets
  5 23 or exempts employees subject to unannounced drug or alcohol
  5 24 testing, shall be subject to a civil penalty of one thousand
  5 25 dollars for each violation.  The attorney general or the
  5 26 attorney general's designee may maintain a civil action to
  5 27 enforce this subsection.  Any civil penalty recovered shall be
  5 28 deposited in the general fund of the state.
  5 29    Sec. 13.  Section 730.5, subsection 14, paragraph b, Code
  5 30 1999, is amended to read as follows:
  5 31    b.  A laboratory, employee testing compliance officer, or
  5 32 medical review officer involved in the conducting of a drug or
  5 33 alcohol test pursuant to this section shall be deemed to have
  5 34 the necessary contact with this state for the purpose of
  5 35 subjecting the laboratory, employee testing compliance
  6  1 officer, or medical review officer to the jurisdiction of the
  6  2 courts of this state.  
  6  3                           EXPLANATION
  6  4    This bill makes changes to the Code section governing drug
  6  5 and alcohol testing of private sector employees and
  6  6 prospective employees.
  6  7    The bill adds a definition for an employee assistance
  6  8 program for purposes related to private sector drug and
  6  9 alcohol testing.  The new definition specifies the scope of
  6 10 such a program and that the program is established by a
  6 11 particular employer or union.  The bill further eliminates the
  6 12 requirement that an employer provide employees with lists of
  6 13 employee assistance program providers if the employer does not
  6 14 have such a program.
  6 15    The bill redefines "medical review officer" as a licensed
  6 16 physician who receives and reviews reports generated by an
  6 17 employer drug or alcohol test consistent with federal drug
  6 18 testing guidelines.  Current law permits, in addition to a
  6 19 licensed physician, an osteopathic physician, chiropractor,
  6 20 nurse practitioner, or physician assistant to act as a medical
  6 21 review officer.
  6 22    The bill adds a definition of an employee testing
  6 23 compliance officer and indicates that this officer can assist
  6 24 a medical review officer in evaluating and reviewing drug or
  6 25 alcohol test results.  An employee testing compliance officer
  6 26 is defined to include a licensed chiropractor, nurse
  6 27 practitioner, or physician assistant who can perform tasks
  6 28 related to review of drug or alcohol tests as delegated by a
  6 29 medical review officer.  Nondisclosure requirements applicable
  6 30 to medical review officers are also made applicable to these
  6 31 compliance officers.
  6 32    The bill eliminates the requirement that employers inform
  6 33 employees and prospective employees what drugs will be tested
  6 34 in any particular drug test.
  6 35    The bill eliminates the requirement that the employer's
  7  1 written policy shall provide for uniform requirements for what
  7  2 actions an employer shall take upon receipt of a positive test
  7  3 result.  The bill also eliminates the requirement that actions
  7  4 taken against an employee or prospective employee be based
  7  5 only on the results of the drug or alcohol test.
  7  6    This bill also provides that an employer shall provide an
  7  7 employee with rehabilitation following a positive alcohol test
  7  8 with an alcohol concentration level in violation of the
  7  9 employer's policy if the employer has at least 50 employees,
  7 10 the employee has worked for the employer at least 12 of the
  7 11 previous 18 months, and the employee has not previously
  7 12 violated the employer's substance abuse policy.  Current law
  7 13 requires rehabilitation for a first-time positive alcohol test
  7 14 only if the concentration level is lower than the level
  7 15 established in Code section 321J.2 for operating while under
  7 16 the influence.  
  7 17 LSB 2668SC 78
  7 18 ec/cf/24.1
     

Text: SSB01179                          Text: SSB01181
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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