House File 2648 - Reprinted HOUSE FILE BY COMMITTEE ON COMMERCE, REGULATION AND LABOR (SUCCESSOR TO HSB 714) 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 6462HV 81 4 ec/je/5 PAG LIN 1 1 Section 1. Section 730.5, subsection 1, paragraph h, Code 1 2 Supplement 2005, is amended to read as follows: 1 3 h. "Prospective employee" means a person who has made 1 4 application, whether written or oral, to an employer to become 1 5 an employee or an employee who has made application, whether 1 6 written or oral, to become employed in a safety=sensitive 1 7 position with the employer. 1 8 Sec. 2. Section 730.5, subsection 7, paragraph i, 1 9 subparagraph (2), Code Supplement 2005, is amended to read as 1 10 follows: 1 11 (2) If a confirmed positive test result for drugs or 1 12 alcohol or a test result that is inconclusive or indicates 1 13 that the sample has been diluted or altered for a prospective 1 14 employee is reported to the employer by the medical review 1 15 officer, the employer shall notify the prospective employee in 1 16 writing of the results of the test, of the name and address of 1 17 the medical review officer who made the report, and of the 1 18 prospective employee's right to request records under 1 19 subsection 13. The employer may allow a prospective employee 1 20 to obtain a confirmatory test at an approved lab of the 1 21 prospective employee's choice with costs payable by the 1 22 prospective employee. 1 23 Sec. 3. Section 730.5, subsection 10, paragraph a, 1 24 unnumbered paragraph 1, Code Supplement 2005, is amended to 1 25 read as follows: 1 26 Upon receipt of a confirmed positive test result for drugs 1 27 or alcohol which indicates a violation of the employer's 1 28 written policy, upon receipt of a test result of a prospective 1 29 employee that is inconclusive or indicates that the sample has 1 30 been diluted or altered, or upon the refusal of an employee or 1 31 prospective employee to provide a testing sample, an employer 1 32 may use that test result or test refusal as a valid basis for 1 33 disciplinary or rehabilitative actions pursuant to the 1 34 requirements of the employer's written policy and the 1 35 requirements of this section, which may include, among other 2 1 actions, the following: 2 2 HF 2648 2 3 ec:nh/es/25