Text: SSB03097 Text: SSB03099 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 730.5, subsection 1, Code 2003, is 1 2 amended by adding the following new paragraph after paragraph 1 3 a: 1 4 NEW PARAGRAPH. aa. "Confirmed positive test result" 1 5 means, except for alcohol testing conducted pursuant to 1 6 subsection 7, paragraph "f", subparagraph (2), the results of 1 7 a blood, urine, or oral fluid test in which the level of 1 8 controlled substances or metabolites in the specimen analyzed 1 9 meets or exceeds nationally accepted standards for determining 1 10 detectable levels of controlled substances as adopted by the 1 11 federal substance abuse and health services administration. 1 12 Sec. 2. Section 730.5, subsection 1, paragraph j, Code 1 13 2003, is amended to read as follows: 1 14 j. "Sample" means such sample from the human body capable 1 15 of revealing the presence of alcohol or other drugs, or their 1 16 metabolites, which shall include only urine, saliva, breath, 1 17 and blood. However, sample does not mean blood except as 1 18 authorized pursuant to subsection 7, paragraph "l". 1 19 Sec. 3. Section 730.5, subsection 7, paragraph b, Code 1 20 2003, is amended to read as follows: 1 21 b.Sample collectionCollection of a urine sample for 1 22 testing of current employees, except for the collection of a1 23sample for alcohol testing conducted pursuant to paragraph1 24"f", subparagraph (2),shall be performed so that the specimen 1 25 is split into two components at the time of collection in the 1 26 presence of the individual from whom the sample or specimen is 1 27 collected. The second portion of the specimen or sample shall 1 28 be of sufficient quantity to permit a second, independent 1 29 confirmatory test as provided in paragraph "i".If the1 30specimen is urine, theThe sample shall be split such that the 1 31 primary sample contains at least thirty milliliters and the 1 32 secondary sample contains at least fifteen milliliters. Both 1 33 portions of the sample shall be forwarded to the laboratory 1 34 conducting the initial confirmatory testing. In addition to 1 35 any requirements for storage of the initial sample that may be 2 1 imposed upon the laboratory as a condition for certification 2 2 or approval, the laboratory shall store the second portion of 2 3 any sample until receipt of a confirmed negative test result 2 4 or for a period of at least forty-five calendar days following 2 5 the completion of the initial confirmatory testing, if the 2 6 first portion yielded a confirmed positive test result. 2 7 Sec. 4. Section 730.5, subsection 7, paragraph f, 2 8 unnumbered paragraph 1, Code 2003, is amended to read as 2 9 follows: 2 10 Drug or alcohol testing shall include confirmation of any 2 11 initial positive test results. An employer may take adverse 2 12 employment action, including refusal to hire a prospective 2 13 employee, based on a confirmed positivedrug or alcoholtest 2 14 result for drugs or alcohol. 2 15 Sec. 5. Section 730.5, subsection 7, paragraph f, Code 2 16 2003, is amended by adding the following new subparagraph: 2 17 NEW SUBPARAGRAPH. (3) Notwithstanding any provision of 2 18 this section to the contrary, collection of an oral fluid 2 19 sample for testing shall be performed in the presence of the 2 20 individual from whom the sample or specimen is collected. The 2 21 specimen or sample shall be of sufficient quantity to permit a 2 22 second, independent, confirmatory test as provided in 2 23 paragraph "i". The sample shall be split in the approved 2 24 laboratory. In addition to any requirement for storage of the 2 25 initial sample that may be imposed upon the laboratory as a 2 26 condition for certification or approval, the laboratory shall 2 27 store the second portion of any sample until receipt of a 2 28 confirmed negative test result or for a period of at least 2 29 forty-five calendar days following the completion of the 2 30 initial confirmatory testing, if the portion yielded a 2 31 confirmed positive test result. 2 32 Sec. 6. Section 730.5, subsection 7, paragraph i, Code 2 33 2003, is amended to read as follows: 2 34 i. (1) If a confirmed positivedrug or alcoholtest 2 35 result for drugs or alcohol for a current employee is reported 3 1 to the employer by the medical review officer, the employer 3 2 shall notify the employee in writing by certified mail, return 3 3 receipt requested, of the results of the test, the employee's 3 4 right to request and obtain a confirmatory test of the second 3 5 sample collected pursuant to paragraph "b" at an approved 3 6 laboratory of the employee's choice, and the fee payable by 3 7 the employee to the employer for reimbursement of expenses 3 8 concerning the test. The fee charged an employee shall be an 3 9 amount that represents the costs associated with conducting 3 10 the second confirmatory test, which shall be consistent with 3 11 the employer's cost for conducting the initial confirmatory 3 12 test on an employee's sample. If the employee, in person or 3 13 by certified mail, return receipt requested, requests a second 3 14 confirmatory test, identifies an approved laboratory to 3 15 conduct the test, and pays the employer the fee for the test 3 16 within seven days from the date the employer mails by 3 17 certified mail, return receipt requested, the written notice 3 18 to the employee of the employee's right to request a test, a 3 19 second confirmatory test shall be conducted at the laboratory 3 20 chosen by the employee. The results of the second 3 21 confirmatory test shall be reported to the medical review 3 22 officer who reviewed the initial confirmatory test results and 3 23 the medical review officer shall review the results and issue 3 24 a report to the employer on whether the results of the second 3 25 confirmatory test confirmed the initial confirmatory test as 3 26 to the presence of a specific drug or alcohol. If the results 3 27 of the second test do not confirm the results of the initial 3 28 confirmatory test, the employer shall reimburse the employee 3 29 for the fee paid by the employee for the second test and the 3 30 initial confirmatory test shall not be considered a confirmed 3 31 positivedrug or alcoholtest result for drugs or alcohol for 3 32 purposes of taking disciplinary action pursuant to subsection 3 33 10. 3 34 (2) If a confirmed positivedrug or alcoholtest result 3 35 for drugs or alcohol for a prospective employee is reported to 4 1 the employer by the medical review officer, the employer shall 4 2 notify the prospective employee in writing of the results of 4 3 the test, of the name and address of the medical review 4 4 officer who made the report, and of the prospective employee's 4 5 right to request records under subsection 13. 4 6 Sec. 7. Section 730.5, subsection 9, paragraph b, Code 4 7 2003, is amended to read as follows: 4 8 b. The employer's written policy shall provide uniform 4 9 requirements for what disciplinary or rehabilitative actions 4 10 an employer shall take against an employee or prospective 4 11 employee upon receipt of a confirmed positivedrug or alcohol4 12 test result for drugs or alcohol or upon the refusal of the 4 13 employee or prospective employee to provide a testing sample. 4 14 The policy shall provide that any action taken against an 4 15 employee or prospective employee shall be based only on the 4 16 results of the drug or alcohol test. The written policy shall 4 17 also provide that if rehabilitation is required pursuant to 4 18 paragraph "g", the employer shall not take adverse employment 4 19 action against the employee so long as the employee complies 4 20 with the requirements of rehabilitation and successfully 4 21 completes rehabilitation. 4 22 Sec. 8. Section 730.5, subsection 10, paragraph a, 4 23 unnumbered paragraph 1, Code 2003, is amended to read as 4 24 follows: 4 25 Upon receipt of a confirmed positivedrug or alcoholtest 4 26 result for drugs or alcohol which indicates a violation of the 4 27 employer's written policy, or upon the refusal of an employee 4 28 or prospective employee to provide a testing sample, an 4 29 employer may use that test result or test refusal as a valid 4 30 basis for disciplinary or rehabilitative actions pursuant to 4 31 the requirements of the employer's written policy and the 4 32 requirements of this section, which may include, among other 4 33 actions, the following: 4 34 Sec. 9. Section 730.5, subsection 10, paragraph b, Code 4 35 2003, is amended to read as follows: 5 1 b. Following a drug or alcohol test, but prior to receipt 5 2 of the final results of the drug or alcohol test, an employer 5 3 may suspend a current employee, with or without pay, pending 5 4 the outcome of the test. An employee who has been suspended 5 5 shall be reinstated by the employer, with back pay, and 5 6 interest on such amount at eighteen percent per annum 5 7 compounded annually, if applicable, if the result of the test 5 8 is not a confirmed positivedrug or alcoholtest result for 5 9 drugs or alcohol which indicates a violation of the employer's 5 10 written policy. 5 11 Sec. 10. EMERGENCY RULES. The Iowa department of public 5 12 health may adopt emergency rules under section 17A.4, 5 13 subsection 2, and section 17A.5, subsection 2, paragraph "b", 5 14 to implement the provisions of this Act and the rules shall be 5 15 effective immediately upon filing unless a later date is 5 16 specified in the rules. Any rules adopted in accordance with 5 17 this section shall also be published as a notice of intended 5 18 action as provided in section 17A.4. 5 19 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 5 20 immediate importance, takes effect upon enactment. 5 21 EXPLANATION 5 22 This bill concerns private sector drug testing. 5 23 The bill adds a definition of a confirmed positive test 5 24 result for nonalcohol drug testing to provide that the level 5 25 of drugs shall meet or exceed nationally accepted standards 5 26 adopted by the federal substance abuse and health services 5 27 administration. 5 28 The bill amends the definition of "sample" for purposes of 5 29 drug testing to specifically limit acceptable samples to 5 30 urine, saliva, breath, and blood. 5 31 The bill provides that the current sample collection 5 32 procedures applicable to sample collection for all but alcohol 5 33 testing is limited to urine testing. 5 34 The bill also adds a new subparagraph concerning sample 5 35 collection for oral fluid testing. This new subparagraph 6 1 provides that this testing shall be performed in the presence 6 2 of the individual to be tested. In addition, the sample 6 3 collected shall be of sufficient quantity to permit a second 6 4 confirmatory test and provides that the second portion of any 6 5 sample collected be stored until the first sample tests 6 6 negative or for 45 days following an initial positive test 6 7 result. 6 8 The bill authorizes the department of public health to 6 9 adopt emergency rules to implement the bill. 6 10 The bill takes effect upon enactment. 6 11 LSB 5375XC 80 6 12 ec/pj/5
Text: SSB03097 Text: SSB03099 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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