House Amendment 1142


PAG LIN




     1  1    Amend House File 703 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  Section 730.5, subsection 1, paragraph
     1  5 b, Code 2005, is amended to read as follows:
     1  6    b.  "Confirmed positive test result" means, except
     1  7 for alcohol testing conducted pursuant to subsection
     1  8 7, paragraph "f", subparagraph (2), the results of a
     1  9 blood, urine, or oral fluid drug test in which the
     1 10 level of controlled substances or metabolites in the
     1 11 specimen sample analyzed meets or exceeds nationally
     1 12 accepted standards for determining detectable levels
     1 13 of controlled substances as adopted by the federal
     1 14 United States department of health and human services'
     1 15 substance abuse and mental health services
     1 16 administration.  If nationally accepted standards for
     1 17 oral fluid tests on a particular specimen have not
     1 18 been adopted by the federal United States department
     1 19 of health and human services' substance abuse and
     1 20 mental health services administration, the standards
     1 21 for determining detectable levels of controlled
     1 22 substances for purposes of determining a confirmed
     1 23 positive test result shall be the same standard that
     1 24 has been established cleared or approved by the
     1 25 federal United States department of health and human
     1 26 services' food and drug administration for the
     1 27 measuring instrument used to perform the oral fluid
     1 28 test particular specimen testing utilized.
     1 29    Sec. 2.  Section 730.5, subsection 1, paragraph k,
     1 30 Code 2005, is amended to read as follows:
     1 31    k.  "Sample" means such sample from the human body
     1 32 capable of revealing the presence of alcohol or other
     1 33 drugs, or their metabolites, which shall include only
     1 34 urine, saliva, breath, and blood.  However, "sample"
     1 35 does not mean blood except as authorized pursuant to
     1 36 subsection 7, paragraph "l".
     1 37    Sec. 3.  Section 730.5, subsection 7, paragraph b,
     1 38 Code 2005, is amended to read as follows:
     1 39    b.  Collection of a urine sample for testing of
     1 40 current employees shall be performed so that the
     1 41 specimen is split into two components at the time of
     1 42 collection in the presence of the individual from whom
     1 43 the sample or specimen is collected.  The second
     1 44 portion of the specimen or sample shall be of
     1 45 sufficient quantity to permit a second, independent
     1 46 confirmatory test as provided in paragraph "i".  The
     1 47 If the sample is urine, the sample shall be split such
     1 48 that the primary sample contains at least thirty
     1 49 milliliters and the secondary sample contains at least
     1 50 fifteen milliliters.  Both portions of the sample
     2  1 shall be forwarded to the laboratory conducting the
     2  2 initial confirmatory testing.  In addition to any
     2  3 requirements for storage of the initial sample that
     2  4 may be imposed upon the laboratory as a condition for
     2  5 certification or approval, the laboratory shall store
     2  6 the second portion of any sample until receipt of a
     2  7 confirmed negative test result or for a period of at
     2  8 least forty=five calendar days following the
     2  9 completion of the initial confirmatory testing, if the
     2 10 first portion yielded a confirmed positive test
     2 11 result.
     2 12    Sec. 4.  Section 730.5, subsection 7, paragraph f,
     2 13 subparagraph (2), Code 2005, is amended to read as
     2 14 follows:
     2 15    (2)  Notwithstanding any provision of this section
     2 16 to the contrary, alcohol testing, including initial
     2 17 and confirmatory testing, may be conducted pursuant to
     2 18 requirements established by the employer's written
     2 19 policy.  The written policy shall include requirements
     2 20 governing evidential breath testing devices, alcohol
     2 21 screening devices, and the qualifications for
     2 22 personnel administering initial and confirmatory
     2 23 testing, which shall be consistent with regulations
     2 24 adopted as of January 1, 1999 March 15, 2005, by the
     2 25 United States department of transportation governing
     2 26 alcohol testing required to be conducted pursuant to
     2 27 the federal Omnibus Transportation Employee Testing
     2 28 Act of 1991.>
     2 29 #2.  Title page, line 1, by striking the words
     2 30 <authorized testing substances for>.
     2 31
     2 32
     2 33                               
     2 34 STRUYK of Pottawattamie
     2 35 HF 703.503 81
     2 36 ec/pj/1440

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