Text: SF02172 Text: SF02174 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2173 1 2 1 3 AN ACT 1 4 CONCERNING PRIVATE SECTOR EMPLOYEE DRUG TESTING RELATING TO 1 5 AUTHORIZED TESTING SUBSTANCES, CONFIRMED POSITIVE TEST 1 6 RESULTS, AND TESTING PROCEDURES, AND PROVIDING AN EFFECTIVE 1 7 DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 730.5, subsection 1, Code 2003, is 1 12 amended by adding the following new paragraph after paragraph 1 13 a: 1 14 NEW PARAGRAPH. aa. "Confirmed positive test result" 1 15 means, except for alcohol testing conducted pursuant to 1 16 subsection 7, paragraph "f", subparagraph (2), the results of 1 17 a blood, urine, or oral fluid test in which the level of 1 18 controlled substances or metabolites in the specimen analyzed 1 19 meets or exceeds nationally accepted standards for determining 1 20 detectable levels of controlled substances as adopted by the 1 21 federal substance abuse and health services administration. 1 22 If nationally accepted standards for oral fluid tests have not 1 23 been adopted by the federal substance abuse and health 1 24 services administration, the standards for determining 1 25 detectable levels of controlled substances for purposes of 1 26 determining a confirmed positive test result shall be the same 1 27 standard that has been established by the federal food and 1 28 drug administration for the measuring instrument used to 1 29 perform the oral fluid test. 1 30 Sec. 2. Section 730.5, subsection 1, paragraph j, Code 1 31 2003, is amended to read as follows: 1 32 j. "Sample" means such sample from the human body capable 1 33 of revealing the presence of alcohol or other drugs, or their 1 34 metabolites, which shall include only urine, saliva, breath, 1 35 and blood. However, sample does not mean blood except as 2 1 authorized pursuant to subsection 7, paragraph "l". 2 2 Sec. 3. Section 730.5, subsection 7, paragraph a, Code 2 3 2003, is amended to read as follows: 2 4 a. The collection of samples shall be performed under 2 5 sanitary conditions and with regard for the privacy of the 2 6 individual from whom the specimen is being obtained and in a 2 7 manner reasonably calculated to preclude contamination or 2 8 substitution of the specimen. If the sample collected is 2 9 urine, procedures shall be established to provide for 2 10 individual privacy in the collection of the sample unless 2 11 there is a reasonable suspicion that a particular individual 2 12 subject to testing may alter or substitute the urine specimen 2 13 to be provided, or has previously altered or substituted a 2 14 urine specimen provided pursuant to a drug or alcohol test. 2 15 For purposes of this paragraph, "individual privacy" means a 2 16 location at the collection site where urination can occur in 2 17 private, which has been secured by visual inspection to ensure 2 18 that other persons are not present, which provides that 2 19 undetected access to the location is not possible during 2 20 urination, and which provides for the ability to effectively 2 21 restrict access to the location during the time the specimen 2 22 is provided. If an individual is providing a urine sample and 2 23 collection of the urine sample is directly monitored or 2 24 observed by another individual, the individual who is directly 2 25 monitoring or observing the collection shall be of the same 2 26 gender as the individual from whom the urine sample is being 2 27 collected. 2 28 Sec. 4. Section 730.5, subsection 7, paragraph b, Code 2 29 2003, is amended to read as follows: 2 30 b.Sample collectionCollection of a urine sample for 2 31 testing of current employees, except for the collection of a2 32sample for alcohol testing conducted pursuant to paragraph2 33"f", subparagraph (2),shall be performed so that the specimen 2 34 is split into two components at the time of collection in the 2 35 presence of the individual from whom the sample or specimen is 3 1 collected. The second portion of the specimen or sample shall 3 2 be of sufficient quantity to permit a second, independent 3 3 confirmatory test as provided in paragraph "i".If the3 4specimen is urine, theThe sample shall be split such that the 3 5 primary sample contains at least thirty milliliters and the 3 6 secondary sample contains at least fifteen milliliters. Both 3 7 portions of the sample shall be forwarded to the laboratory 3 8 conducting the initial confirmatory testing. In addition to 3 9 any requirements for storage of the initial sample that may be 3 10 imposed upon the laboratory as a condition for certification 3 11 or approval, the laboratory shall store the second portion of 3 12 any sample until receipt of a confirmed negative test result 3 13 or for a period of at least forty-five calendar days following 3 14 the completion of the initial confirmatory testing, if the 3 15 first portion yielded a confirmed positive test result. 3 16 Sec. 5. Section 730.5, subsection 7, paragraph f, 3 17 unnumbered paragraph 1, Code 2003, is amended to read as 3 18 follows: 3 19 Drug or alcohol testing shall include confirmation of any 3 20 initial positive test results. An employer may take adverse 3 21 employment action, including refusal to hire a prospective 3 22 employee, based on a confirmed positivedrug or alcoholtest 3 23 result for drugs or alcohol. 3 24 Sec. 6. Section 730.5, subsection 7, paragraph f, Code 3 25 2003, is amended by adding the following new subparagraph: 3 26 NEW SUBPARAGRAPH. (3) Notwithstanding any provision of 3 27 this section to the contrary, collection of an oral fluid 3 28 sample for testing shall be performed in the presence of the 3 29 individual from whom the sample or specimen is collected. The 3 30 specimen or sample shall be of sufficient quantity to permit a 3 31 second, independent, confirmatory test as provided in 3 32 paragraph "i". In addition to any requirement for storage of 3 33 the initial sample that may be imposed upon the laboratory as 3 34 a condition for certification or approval, the laboratory 3 35 shall store the unused portion of any sample until receipt of 4 1 a confirmed negative test result or for a period of at least 4 2 forty-five calendar days following the completion of the 4 3 initial confirmatory testing, if the portion yielded a 4 4 confirmed positive test result. 4 5 Sec. 7. Section 730.5, subsection 7, paragraph i, Code 4 6 2003, is amended to read as follows: 4 7 i. (1) If a confirmed positivedrug or alcoholtest 4 8 result for drugs or alcohol for a current employee is reported 4 9 to the employer by the medical review officer, the employer 4 10 shall notify the employee in writing by certified mail, return 4 11 receipt requested, of the results of the test, the employee's 4 12 right to request and obtain a confirmatory test of the second 4 13 sample collected pursuant to paragraph "b" at an approved 4 14 laboratory of the employee's choice, and the fee payable by 4 15 the employee to the employer for reimbursement of expenses 4 16 concerning the test. The fee charged an employee shall be an 4 17 amount that represents the costs associated with conducting 4 18 the second confirmatory test, which shall be consistent with 4 19 the employer's cost for conducting the initial confirmatory 4 20 test on an employee's sample. If the employee, in person or 4 21 by certified mail, return receipt requested, requests a second 4 22 confirmatory test, identifies an approved laboratory to 4 23 conduct the test, and pays the employer the fee for the test 4 24 within seven days from the date the employer mails by 4 25 certified mail, return receipt requested, the written notice 4 26 to the employee of the employee's right to request a test, a 4 27 second confirmatory test shall be conducted at the laboratory 4 28 chosen by the employee. The results of the second 4 29 confirmatory test shall be reported to the medical review 4 30 officer who reviewed the initial confirmatory test results and 4 31 the medical review officer shall review the results and issue 4 32 a report to the employer on whether the results of the second 4 33 confirmatory test confirmed the initial confirmatory test as 4 34 to the presence of a specific drug or alcohol. If the results 4 35 of the second test do not confirm the results of the initial 5 1 confirmatory test, the employer shall reimburse the employee 5 2 for the fee paid by the employee for the second test and the 5 3 initial confirmatory test shall not be considered a confirmed 5 4 positivedrug or alcoholtest result for drugs or alcohol for 5 5 purposes of taking disciplinary action pursuant to subsection 5 6 10. 5 7 (2) If a confirmed positivedrug or alcoholtest result 5 8 for drugs or alcohol for a prospective employee is reported to 5 9 the employer by the medical review officer, the employer shall 5 10 notify the prospective employee in writing of the results of 5 11 the test, of the name and address of the medical review 5 12 officer who made the report, and of the prospective employee's 5 13 right to request records under subsection 13. 5 14 Sec. 8. Section 730.5, subsection 9, paragraph b, Code 5 15 2003, is amended to read as follows: 5 16 b. The employer's written policy shall provide uniform 5 17 requirements for what disciplinary or rehabilitative actions 5 18 an employer shall take against an employee or prospective 5 19 employee upon receipt of a confirmed positivedrug or alcohol5 20 test result for drugs or alcohol or upon the refusal of the 5 21 employee or prospective employee to provide a testing sample. 5 22 The policy shall provide that any action taken against an 5 23 employee or prospective employee shall be based only on the 5 24 results of the drug or alcohol test. The written policy shall 5 25 also provide that if rehabilitation is required pursuant to 5 26 paragraph "g", the employer shall not take adverse employment 5 27 action against the employee so long as the employee complies 5 28 with the requirements of rehabilitation and successfully 5 29 completes rehabilitation. 5 30 Sec. 9. Section 730.5, subsection 10, paragraph a, 5 31 unnumbered paragraph 1, Code 2003, is amended to read as 5 32 follows: 5 33 Upon receipt of a confirmed positivedrug or alcoholtest 5 34 result for drugs or alcohol which indicates a violation of the 5 35 employer's written policy, or upon the refusal of an employee 6 1 or prospective employee to provide a testing sample, an 6 2 employer may use that test result or test refusal as a valid 6 3 basis for disciplinary or rehabilitative actions pursuant to 6 4 the requirements of the employer's written policy and the 6 5 requirements of this section, which may include, among other 6 6 actions, the following: 6 7 Sec. 10. Section 730.5, subsection 10, paragraph b, Code 6 8 2003, is amended to read as follows: 6 9 b. Following a drug or alcohol test, but prior to receipt 6 10 of the final results of the drug or alcohol test, an employer 6 11 may suspend a current employee, with or without pay, pending 6 12 the outcome of the test. An employee who has been suspended 6 13 shall be reinstated by the employer, with back pay, and 6 14 interest on such amount at eighteen percent per annum 6 15 compounded annually, if applicable, if the result of the test 6 16 is not a confirmed positivedrug or alcoholtest result for 6 17 drugs or alcohol which indicates a violation of the employer's 6 18 written policy. 6 19 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 6 20 immediate importance, takes effect upon enactment. 6 21 6 22 6 23 6 24 JEFFREY M. LAMBERTI 6 25 President of the Senate 6 26 6 27 6 28 6 29 CHRISTOPHER C. RANTS 6 30 Speaker of the House 6 31 6 32 I hereby certify that this bill originated in the Senate and 6 33 is known as Senate File 2173, Eightieth General Assembly. 6 34 6 35 7 1 7 2 MICHAEL E. MARSHALL 7 3 Secretary of the Senate 7 4 Approved , 2004 7 5 7 6 7 7 7 8 THOMAS J. VILSACK 7 9 Governor
Text: SF02172 Text: SF02174 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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