Senate
File
32
-
Enrolled
Senate
File
32
AN
ACT
RELATING
TO
PRIVATE
SECTOR
EMPLOYEE
DRUG
TESTING.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
730.5,
subsection
1,
paragraphs
b
and
k,
Code
2017,
are
amended
to
read
as
follows:
b.
“Confirmed
positive
test
result”
means,
except
for
alcohol
testing
conducted
pursuant
to
subsection
7
,
paragraph
“f”
,
subparagraph
(2),
the
results
of
a
hair,
blood,
urine,
or
oral
fluid
test
in
which
the
level
of
controlled
substances
or
metabolites
in
the
specimen
sample
analyzed
meets
or
exceeds
nationally
accepted
standards
for
determining
detectable
levels
of
controlled
substances
as
adopted
by
the
federal
United
States
department
of
health
and
human
services’
substance
abuse
and
mental
health
services
administration.
If
nationally
accepted
standards
for
oral
fluid
tests
on
a
particular
specimen
have
not
been
adopted
by
the
federal
United
States
department
of
health
and
human
services’
substance
abuse
and
mental
health
services
administration,
the
standards
for
determining
detectable
levels
of
controlled
substances
for
purposes
of
determining
a
confirmed
positive
test
result
shall
be
the
same
standard
that
has
been
established
cleared
or
approved
by
the
federal
United
States
department
of
health
and
human
services’
food
and
drug
administration
for
the
measuring
instrument
used
to
perform
the
oral
fluid
test
particular
specimen
testing
utilized
.
k.
“Sample”
means
such
sample
from
the
human
body
capable
Senate
File
32,
p.
2
of
revealing
the
presence
of
alcohol
or
other
drugs,
or
their
metabolites,
which
shall
include
only
hair,
urine,
saliva,
breath,
and
blood.
However,
“sample”
does
not
mean
blood
except
as
authorized
pursuant
to
subsection
7
,
paragraph
“l”
.
Sec.
2.
Section
730.5,
subsection
7,
paragraphs
a
and
b,
Code
2017,
are
amended
to
read
as
follows:
a.
The
collection
of
samples
shall
be
performed
under
sanitary
conditions
and
with
regard
for
the
privacy
of
the
individual
from
whom
the
specimen
sample
is
being
obtained
and
in
a
manner
reasonably
calculated
to
preclude
contamination
or
substitution
of
the
specimen
sample
.
If
the
sample
collected
is
hair
which
would
entail
removal
of
an
article
of
clothing
or
urine,
procedures
shall
be
established
to
provide
for
individual
privacy
in
the
collection
of
the
sample
unless
there
is
a
reasonable
suspicion
that
a
particular
individual
subject
to
testing
may
alter
or
substitute
the
hair
or
urine
specimen
sample
to
be
provided,
or
has
previously
altered
or
substituted
a
hair
or
urine
specimen
sample
provided
pursuant
to
a
drug
or
alcohol
test.
For
purposes
of
this
paragraph,
“individual
privacy”
means
a
location
at
the
collection
site
where
hair
collection
or
urination
can
occur
in
private,
which
has
been
secured
by
visual
inspection
to
ensure
that
other
persons
are
not
present,
which
provides
that
undetected
access
to
the
location
is
not
possible
during
hair
collection
or
urination,
and
which
provides
for
the
ability
to
effectively
restrict
access
to
the
location
during
the
time
the
specimen
sample
is
provided.
If
an
individual
is
providing
a
hair
or
urine
sample
and
collection
of
the
hair
or
urine
sample
is
directly
monitored
or
observed
by
another
individual,
the
individual
who
is
directly
monitoring
or
observing
the
collection
shall
be
of
the
same
gender
as
the
individual
from
whom
the
hair
or
urine
sample
is
being
collected.
b.
Collection
of
a
urine
sample
for
testing
of
current
employees
shall
be
performed
so
that
the
specimen
sample
is
split
into
two
components
at
the
time
of
collection
in
the
presence
of
the
individual
from
whom
the
sample
or
specimen
is
collected.
The
second
portion
of
the
specimen
or
sample
shall
be
of
sufficient
quantity
to
permit
a
second,
independent
confirmatory
test
as
provided
in
paragraph
“i”
.
The
If
the
Senate
File
32,
p.
3
sample
is
urine,
the
sample
shall
be
split
such
that
the
primary
sample
contains
at
least
thirty
milliliters
and
the
secondary
sample
contains
at
least
fifteen
milliliters.
Both
portions
of
the
sample
shall
be
forwarded
to
the
laboratory
conducting
the
initial
confirmatory
testing.
In
addition
to
any
requirements
for
storage
of
the
initial
sample
that
may
be
imposed
upon
the
laboratory
as
a
condition
for
certification
or
approval,
the
laboratory
shall
store
the
second
portion
of
any
sample
until
receipt
of
a
confirmed
negative
test
result
or
for
a
period
of
at
least
forty-five
calendar
days
following
the
completion
of
the
initial
confirmatory
testing,
if
the
first
portion
yielded
a
confirmed
positive
test
result.
Sec.
3.
Section
730.5,
subsection
7,
Code
2017,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0e.
Testing
of
a
hair
sample
shall
be
limited
to
samples
not
longer
than
one
and
one-half
inches.
Testing
of
a
hair
sample
shall
be
limited
to
the
portion
of
the
hair
that
was
closest
to
the
skin.
Sec.
4.
Section
730.5,
subsection
7,
paragraph
f,
subparagraphs
(2)
and
(3),
Code
2017,
are
amended
to
read
as
follows:
(2)
Notwithstanding
any
provision
of
this
section
to
the
contrary,
alcohol
testing,
including
initial
and
confirmatory
testing,
may
be
conducted
pursuant
to
requirements
established
by
the
employer’s
written
policy.
The
written
policy
shall
include
requirements
governing
evidential
breath
testing
devices,
alcohol
screening
devices,
and
the
qualifications
for
personnel
administering
initial
and
confirmatory
testing,
which
shall
be
consistent
with
regulations
adopted
as
of
January
1,
1999
July
1,
2017
,
by
the
United
States
department
of
transportation
governing
alcohol
testing
required
to
be
conducted
pursuant
to
the
federal
Omnibus
Transportation
Employee
Testing
Act
of
1991.
(3)
Notwithstanding
any
provision
of
this
section
to
the
contrary,
collection
of
an
oral
fluid
sample
for
testing
shall
be
performed
in
the
presence
of
the
individual
from
whom
the
sample
or
specimen
is
collected.
The
specimen
or
sample
shall
be
of
sufficient
quantity
to
permit
a
second,
independent,
confirmatory
test
as
provided
in
paragraph
“i”
.
In
addition
to
Senate
File
32,
p.
4
any
requirement
for
storage
of
the
initial
sample
that
may
be
imposed
upon
the
laboratory
as
a
condition
for
certification
or
approval,
the
laboratory
shall
store
the
unused
portion
of
any
sample
until
receipt
of
a
confirmed
negative
test
result
or
for
a
period
of
at
least
forty-five
calendar
days
following
the
completion
of
the
initial
confirmatory
testing,
if
the
portion
yielded
a
confirmed
positive
test
result.
Sec.
5.
Section
730.5,
subsection
8,
Code
2017,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
g.
Employers
may
conduct
hair
testing
of
prospective
employees
only.
______________________________
JACK
WHITVER
President
of
the
Senate
______________________________
LINDA
UPMEYER
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
32,
Eighty-seventh
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor