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