Bill Text: IA SF212 | 2011-2012 | 84th General Assembly | Introduced

Iowa Senate Bill 212 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act concerning private sector employee drug testing.

Spectrum: Strong Partisan Bill (Republican 15-1)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF212 Detail]

Download: Iowa-2011-SF212-Introduced.html

Senate File 212 - Introduced SENATE FILE 212 BY WARD , SORENSON , JOHNSON , CHELGREN , GREINER , BACON , BOETTGER , ZAUN , KETTERING , ANDERSON , BERTRAND , ERNST , HAHN , FEENSTRA , KAPUCIAN , and SMITH A BILL FOR An Act concerning private sector employee drug testing. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1782SS (5) 84 je/rj

S.F. 212 Section 1. Section 730.5, subsection 1, paragraphs b and k, 1 Code 2011, 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 blood, urine, or oral 5 fluid drug 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 urine, saliva, breath, 25 and blood . However, “sample” does not mean blood except as 26 authorized pursuant to subsection 7 , paragraph “l” . 27 Sec. 2. Section 730.5, subsection 7, paragraphs a and b, 28 Code 2011, 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 urine, procedures shall be established to provide for 35 -1- LSB 1782SS (5) 84 je/rj 1/ 5

S.F. 212 individual privacy in the collection of the sample unless there 1 is a reasonable suspicion that a particular individual subject 2 to testing may alter or substitute the urine specimen sample 3 to be provided, or has previously altered or substituted a 4 urine specimen sample provided pursuant to a drug or alcohol 5 test. For purposes of this paragraph, “individual privacy” 6 means a location at the collection site where urination can 7 occur in private, which has been secured by visual inspection 8 to ensure that other persons are not present, which provides 9 that undetected access to the location is not possible during 10 urination, and which provides for the ability to effectively 11 restrict access to the location during the time the specimen 12 sample is provided. If an individual is providing a urine 13 sample and collection of the urine sample is directly monitored 14 or observed by another individual, the individual who is 15 directly monitoring or observing the collection shall be of 16 the same gender as the individual from whom the urine sample 17 is being collected. 18 b. Collection of a urine sample for testing of current 19 employees shall be performed so that the specimen sample is 20 split into two components at the time of collection in the 21 presence of the individual from whom the sample or specimen 22 is collected. The second portion of the specimen or sample 23 shall be of sufficient quantity to permit a second, independent 24 confirmatory test as provided in paragraph “i” . The If the 25 sample is urine, the sample shall be split such that the 26 primary sample contains at least thirty milliliters and the 27 secondary sample contains at least fifteen milliliters. Both 28 portions of the sample shall be forwarded to the laboratory 29 conducting the initial confirmatory testing. In addition to 30 any requirements for storage of the initial sample that may be 31 imposed upon the laboratory as a condition for certification 32 or approval, the laboratory shall store the second portion of 33 any sample until receipt of a confirmed negative test result or 34 for a period of at least forty-five calendar days following the 35 -2- LSB 1782SS (5) 84 je/rj 2/ 5

S.F. 212 completion of the initial confirmatory testing, if the first 1 portion yielded a confirmed positive test result. 2 Sec. 3. Section 730.5, subsection 7, paragraph f, 3 subparagraphs (2) and (3), Code 2011, are amended to read as 4 follows: 5 (2) Notwithstanding any provision of this section to the 6 contrary, alcohol testing, including initial and confirmatory 7 testing, may be conducted pursuant to requirements established 8 by the employer’s written policy. The written policy shall 9 include requirements governing evidential breath testing 10 devices, alcohol screening devices, and the qualifications for 11 personnel administering initial and confirmatory testing, which 12 shall be consistent with regulations adopted as of January 13 1, 1999 the effective date of this Act , by the United States 14 department of transportation governing alcohol testing required 15 to be conducted pursuant to the federal Omnibus Transportation 16 Employee Testing Act of 1991. 17 (3) Notwithstanding any provision of this section to the 18 contrary, collection of an oral fluid sample for testing shall 19 be performed in the presence of the individual from whom the 20 sample or specimen is collected. The specimen or sample shall 21 be of sufficient quantity to permit a second, independent, 22 confirmatory test as provided in paragraph “i” . In addition to 23 any requirement for storage of the initial sample that may be 24 imposed upon the laboratory as a condition for certification 25 or approval, the laboratory shall store the unused portion of 26 any sample until receipt of a confirmed negative test result or 27 for a period of at least forty-five calendar days following the 28 completion of the initial confirmatory testing, if the portion 29 yielded a confirmed positive test result. 30 Sec. 4. Section 730.5, subsection 7, paragraph i, 31 subparagraph (2), Code 2011, is amended to read as follows: 32 (2) If a confirmed positive test result for drugs or alcohol 33 or a test result for drugs or alcohol that is inconclusive or 34 indicates that the sample has been diluted or altered for a 35 -3- LSB 1782SS (5) 84 je/rj 3/ 5

S.F. 212 prospective employee is reported to the employer by the medical 1 review officer, the employer shall notify the prospective 2 employee in writing of the results of the test, of the name and 3 address of the medical review officer who made the report, and 4 of the prospective employee’s right to request records under 5 subsection 13 . The employer may allow a prospective employee 6 to obtain a confirmatory test at an approved laboratory of 7 the prospective employee’s choice with costs payable by the 8 prospective employee. 9 Sec. 5. Section 730.5, subsection 10, paragraph a, 10 unnumbered paragraph 1, Code 2011, is amended to read as 11 follows: 12 Upon receipt of a confirmed positive test result for drugs 13 or alcohol which indicates a violation of the employer’s 14 written policy, upon receipt of a test result of a prospective 15 employee that is inconclusive or indicates that the sample has 16 been diluted or altered, or upon the refusal of an employee 17 or prospective employee to provide a testing sample, an 18 employer may use that test result or test refusal as a valid 19 basis for disciplinary or rehabilitative actions pursuant to 20 the requirements of the employer’s written policy and the 21 requirements of this section , which may include, among other 22 actions, the following: 23 EXPLANATION 24 This bill provides that private sector drug testing may be 25 conducted on any of those specimens that have been adopted by 26 the United States department of health and human services or 27 have been cleared or approved by the United States food and 28 drug administration for drug testing. Under current Iowa law, 29 drug testing is permitted only on samples of urine, saliva, 30 breath, and blood, and not on hair. 31 The bill provides that if the result of a test for drugs or 32 alcohol on a prospective employee is inconclusive or indicates 33 that the sample is altered or diluted, an employer may take 34 disciplinary or rehabilitative action against the prospective 35 -4- LSB 1782SS (5) 84 je/rj 4/ 5

S.F. 212 employee in the same manner as if the result of the test was 1 positive for drugs or alcohol. The bill also provides that the 2 employer shall notify the prospective employee that the result 3 of the test is inconclusive or that the sample is altered or 4 diluted. If the result of the test is positive or inconclusive 5 or indicative of an altered or diluted sample, the bill 6 provides that the employer may allow the prospective employee 7 to obtain a confirmatory test at the employee’s cost. 8 -5- LSB 1782SS (5) 84 je/rj 5/ 5