House Study Bill 131



                                    HOUSE FILE       
                                    BY  (PROPOSED COMMITTEE ON COMMERCE,
                                         REGULATION AND LABOR BILL
                                         BY CHAIRPERSON JENKINS)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning authorized testing substances for private
  2    sector employee drug testing.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2108YC 81
  5 ec/sh/8

PAG LIN



  1  1    Section 1.  Section 730.5, subsection 1, paragraph b, Code
  1  2 2005, is amended to read as follows:
  1  3    b.  "Confirmed positive test result" means, except for
  1  4 alcohol testing conducted pursuant to subsection 7, paragraph
  1  5 "f", subparagraph (2), the results of a blood, urine, or oral
  1  6 fluid drug test in which the level of controlled substances or
  1  7 metabolites in the specimen sample analyzed meets or exceeds
  1  8 nationally accepted standards for determining detectable
  1  9 levels of controlled substances as adopted by the federal
  1 10 substance abuse and health services administration.  If
  1 11 nationally accepted standards for oral fluid tests on a
  1 12 particular specimen have not been adopted by the federal
  1 13 substance abuse and health services administration, the
  1 14 standards for determining detectable levels of controlled
  1 15 substances for purposes of determining a confirmed positive
  1 16 test result shall be the same standard that has been
  1 17 established cleared or approved by the federal United States
  1 18 food and drug administration for the measuring instrument used
  1 19 to perform the oral fluid test particular specimen testing
  1 20 utilized.
  1 21    Sec. 2.  Section 730.5, subsection 1, paragraph k, Code
  1 22 2005, is amended to read as follows:
  1 23    k.  "Sample" means such sample from the human body capable
  1 24 of revealing the presence of alcohol or other drugs, or their
  1 25 metabolites, which shall include only urine, saliva, breath,
  1 26 and blood such specimens from the human body that have been
  1 27 cleared or approved by the United States food and drug
  1 28 administration for drug testing.  However, "sample" does not
  1 29 mean blood except as authorized pursuant to subsection 7,
  1 30 paragraph "l".
  1 31                           EXPLANATION
  1 32    This bill concerns what specimens from the human body are
  1 33 permitted to be tested for purposes of private sector employee
  1 34 drug testing.
  1 35    The bill provides that private sector drug testing may be
  2  1 conducted on only those specimens that have been cleared or
  2  2 approved by the United States food and drug administration for
  2  3 drug testing.  Under current Iowa law, drug testing is
  2  4 permitted only on samples of urine, saliva, breath, and blood.
  2  5 LSB 2108YC 81
  2  6 ec:rj/sh/8