Senate File 32 - Reprinted SENATE FILE 32 BY ZAUN (As Amended and Passed by the Senate February 1, 2017 ) A BILL FOR An Act relating to private sector employee drug testing. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 SF 32 (2) 87 je/rj

S.F. 32 Section 1. Section 730.5, subsection 1, paragraphs b and k, 1 Code 2017, are amended to read as follows: 2 b. “Confirmed positive test result” means, except for 3 alcohol testing conducted pursuant to subsection 7 , paragraph 4 “f” , subparagraph (2), the results of a hair, blood, urine, or 5 oral fluid test in which the level of controlled substances or 6 metabolites in the specimen sample analyzed meets or exceeds 7 nationally accepted standards for determining detectable levels 8 of controlled substances as adopted by the federal United 9 States department of health and human services’ substance abuse 10 and mental health services administration. If nationally 11 accepted standards for oral fluid tests on a particular 12 specimen have not been adopted by the federal United States 13 department of health and human services’ substance abuse and 14 mental health services administration, the standards for 15 determining detectable levels of controlled substances for 16 purposes of determining a confirmed positive test result shall 17 be the same standard that has been established cleared or 18 approved by the federal United States department of health and 19 human services’ food and drug administration for the measuring 20 instrument used to perform the oral fluid test particular 21 specimen testing utilized . 22 k. “Sample” means such sample from the human body capable 23 of revealing the presence of alcohol or other drugs, or their 24 metabolites, which shall include only hair, urine, saliva, 25 breath, and blood. However, “sample” does not mean blood except 26 as authorized pursuant to subsection 7 , paragraph “l” . 27 Sec. 2. Section 730.5, subsection 7, paragraphs a and b, 28 Code 2017, are amended to read as follows: 29 a. The collection of samples shall be performed under 30 sanitary conditions and with regard for the privacy of the 31 individual from whom the specimen sample is being obtained and 32 in a manner reasonably calculated to preclude contamination or 33 substitution of the specimen sample . If the sample collected 34 is hair which would entail removal of an article of clothing 35 -1- SF 32 (2) 87 je/rj 1/ 4

S.F. 32 or urine, procedures shall be established to provide for 1 individual privacy in the collection of the sample unless there 2 is a reasonable suspicion that a particular individual subject 3 to testing may alter or substitute the hair or urine specimen 4 sample to be provided, or has previously altered or substituted 5 a hair or urine specimen sample provided pursuant to a drug 6 or alcohol test. For purposes of this paragraph, “individual 7 privacy” means a location at the collection site where hair 8 collection or urination can occur in private, which has been 9 secured by visual inspection to ensure that other persons are 10 not present, which provides that undetected access to the 11 location is not possible during hair collection or urination, 12 and which provides for the ability to effectively restrict 13 access to the location during the time the specimen sample 14 is provided. If an individual is providing a hair or urine 15 sample and collection of the hair or urine sample is directly 16 monitored or observed by another individual, the individual who 17 is directly monitoring or observing the collection shall be of 18 the same gender as the individual from whom the hair or urine 19 sample is being collected. 20 b. Collection of a urine sample for testing of current 21 employees shall be performed so that the specimen sample is 22 split into two components at the time of collection in the 23 presence of the individual from whom the sample or specimen 24 is collected. The second portion of the specimen or sample 25 shall be of sufficient quantity to permit a second, independent 26 confirmatory test as provided in paragraph “i” . The If the 27 sample is urine, the sample shall be split such that the 28 primary sample contains at least thirty milliliters and the 29 secondary sample contains at least fifteen milliliters. Both 30 portions of the sample shall be forwarded to the laboratory 31 conducting the initial confirmatory testing. In addition to 32 any requirements for storage of the initial sample that may be 33 imposed upon the laboratory as a condition for certification 34 or approval, the laboratory shall store the second portion of 35 -2- SF 32 (2) 87 je/rj 2/ 4

S.F. 32 any sample until receipt of a confirmed negative test result or 1 for a period of at least forty-five calendar days following the 2 completion of the initial confirmatory testing, if the first 3 portion yielded a confirmed positive test result. 4 Sec. ___. Section 730.5, subsection 7, Code 2017, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . 0e. Testing of a hair sample shall be 7 limited to samples not longer than one and one-half inches. 8 Testing of a hair sample shall be limited to the portion of the 9 hair that was closest to the skin. 10 Sec. 3. Section 730.5, subsection 7, paragraph f, 11 subparagraphs (2) and (3), Code 2017, are amended to read as 12 follows: 13 (2) Notwithstanding any provision of this section to the 14 contrary, alcohol testing, including initial and confirmatory 15 testing, may be conducted pursuant to requirements established 16 by the employer’s written policy. The written policy shall 17 include requirements governing evidential breath testing 18 devices, alcohol screening devices, and the qualifications 19 for personnel administering initial and confirmatory testing, 20 which shall be consistent with regulations adopted as of 21 January 1, 1999 July 1, 2017 , by the United States department 22 of transportation governing alcohol testing required to be 23 conducted pursuant to the federal Omnibus Transportation 24 Employee Testing Act of 1991. 25 (3) Notwithstanding any provision of this section to the 26 contrary, collection of an oral fluid sample for testing shall 27 be performed in the presence of the individual from whom the 28 sample or specimen is collected. The specimen or sample shall 29 be of sufficient quantity to permit a second, independent, 30 confirmatory test as provided in paragraph “i” . In addition to 31 any requirement for storage of the initial sample that may be 32 imposed upon the laboratory as a condition for certification 33 or approval, the laboratory shall store the unused portion of 34 any sample until receipt of a confirmed negative test result or 35 -3- SF 32 (2) 87 je/rj 3/ 4

S.F. 32 for a period of at least forty-five calendar days following the 1 completion of the initial confirmatory testing, if the portion 2 yielded a confirmed positive test result. 3 -4- SF 32 (2) 87 je/rj 4/ 4