House Study Bill 714



                                       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 relating to private sector drug testing.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 6462HC 81
  4 ec/je/5

PAG LIN



  1  1    Section 1.  Section 730.5, subsection 1, paragraph b, Code
  1  2 Supplement 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 test in which the level of controlled substances or
  1  7 metabolites in the specimen 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 mental health services administration.  If
  1 11 nationally accepted standards for oral fluid tests have not
  1 12 been adopted by the federal substance abuse and mental health
  1 13 services administration, the standards for determining
  1 14 detectable levels of controlled substances for purposes of
  1 15 determining a confirmed positive test result shall be the same
  1 16 standard that has been established by the federal food and
  1 17 drug administration for the measuring instrument used to
  1 18 perform the oral fluid test.  In addition, "confirmed positive
  1 19 test result" means, for a drug test of a prospective employee,
  1 20 the results of a blood, urine, or oral fluid test in which the
  1 21 medical review officer determines that the sample tested has
  1 22 been altered or diluted.
  1 23                           EXPLANATION
  1 24    The bill provides that the result of a drug test of a
  1 25 prospective employee shall be considered a confirmed positive
  1 26 test result if a medical review officer can determine that the
  1 27 sample tested was altered or diluted.
  1 28 LSB 6462HC 81
  1 29 ec:nh/je/5