House File 703 - Reprinted



                                    HOUSE FILE       
                                    BY  COMMITTEE ON COMMERCE,
                                        REGULATION AND LABOR

                                    (SUCCESSOR TO HSB 131)


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

                                      A BILL FOR

  1 An Act concerning private sector employee drug testing.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 HF 703
  4 ec/es/25

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 United States department of health and human services'
  1 11 substance abuse and mental health services administration.  If
  1 12 nationally accepted standards for oral fluid tests on a
  1 13 particular specimen have not been adopted by the federal
  1 14 United States department of health and human services'
  1 15 substance abuse and mental health services administration, the
  1 16 standards for determining detectable levels of controlled
  1 17 substances for purposes of determining a confirmed positive
  1 18 test result shall be the same standard that has been
  1 19 established cleared or approved by the federal United States
  1 20 department of health and human services' food and drug
  1 21 administration for the measuring instrument used to perform
  1 22 the oral fluid test particular specimen testing utilized.
  1 23    Sec. 2.  Section 730.5, subsection 1, paragraph k, Code
  1 24 2005, is amended to read as follows:
  1 25    k.  "Sample" means such sample from the human body capable
  1 26 of revealing the presence of alcohol or other drugs, or their
  1 27 metabolites, which shall include only urine, saliva, breath,
  1 28 and blood.  However, "sample" does not mean blood except as
  1 29 authorized pursuant to subsection 7, paragraph "l".
  1 30    Sec. 3.  Section 730.5, subsection 7, paragraph b, Code
  1 31 2005, is amended to read as follows:
  1 32    b.  Collection of a urine sample for testing of current
  1 33 employees shall be performed so that the specimen is split
  1 34 into two components at the time of collection in the presence
  1 35 of the individual from whom the sample or specimen is
  2  1 collected.  The second portion of the specimen or sample shall
  2  2 be of sufficient quantity to permit a second, independent
  2  3 confirmatory test as provided in paragraph "i".  The If the
  2  4 sample is urine, the sample shall be split such that the
  2  5 primary sample contains at least thirty milliliters and the
  2  6 secondary sample contains at least fifteen milliliters.  Both
  2  7 portions of the sample shall be forwarded to the laboratory
  2  8 conducting the initial confirmatory testing.  In addition to
  2  9 any requirements for storage of the initial sample that may be
  2 10 imposed upon the laboratory as a condition for certification
  2 11 or approval, the laboratory shall store the second portion of
  2 12 any sample until receipt of a confirmed negative test result
  2 13 or for a period of at least forty=five calendar days following
  2 14 the completion of the initial confirmatory testing, if the
  2 15 first portion yielded a confirmed positive test result.
  2 16    Sec. 4.  Section 730.5, subsection 7, paragraph f,
  2 17 subparagraph (2), Code 2005, is amended to read as follows:
  2 18    (2)  Notwithstanding any provision of this section to the
  2 19 contrary, alcohol testing, including initial and confirmatory
  2 20 testing, may be conducted pursuant to requirements established
  2 21 by the employer's written policy.  The written policy shall
  2 22 include requirements governing evidential breath testing
  2 23 devices, alcohol screening devices, and the qualifications for
  2 24 personnel administering initial and confirmatory testing,
  2 25 which shall be consistent with regulations adopted as of
  2 26 January 1, 1999 March 15, 2005, by the United States
  2 27 department of transportation governing alcohol testing
  2 28 required to be conducted pursuant to the federal Omnibus
  2 29 Transportation Employee Testing Act of 1991.
  2 30 HF 703
  2 31 ec/es/25