Bill Text: IA SF32 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to private sector employee drug testing. Effective 7-1-17.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-05-09 - Signed by Governor. S.J. 1135. [SF32 Detail]
Download: Iowa-2017-SF32-Enrolled.html
Senate File 32 - Enrolled
SENATE FILE
BY ZAUN
\5
A BILL FOR
\1
Senate File 32
AN ACT
RELATING TO PRIVATE SECTOR EMPLOYEE DRUG TESTING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 730.5, subsection 1, paragraphs b and k,
Code 2017, are amended to read as follows:
b. "Confirmed positive test result" means, except for
alcohol testing conducted pursuant to subsection 7, paragraph
"f", subparagraph (2), the results of a hair, blood, urine, or
oral fluid test in which the level of controlled substances or
metabolites in the specimen sample analyzed meets or exceeds
nationally accepted standards for determining detectable levels
of controlled substances as adopted by the federal United
States department of health and human services' substance abuse
and mental health services administration. If nationally
accepted standards for oral fluid tests on a particular
specimen have not been adopted by the federal United States
department of health and human services' substance abuse and
mental health services administration, the standards for
determining detectable levels of controlled substances for
purposes of determining a confirmed positive test result shall
be the same standard that has been established cleared or
approved by the federal United States department of health and
human services' food and drug administration for the measuring
instrument used to perform the oral fluid test particular
specimen testing utilized.
k. "Sample" means such sample from the human body capable
of revealing the presence of alcohol or other drugs, or their
metabolites, which shall include only hair, urine, saliva,
breath, and blood. However, "sample" does not mean blood except
as authorized pursuant to subsection 7, paragraph "l".
Sec. 2. Section 730.5, subsection 7, paragraphs a and b,
Code 2017, are amended to read as follows:
a. The collection of samples shall be performed under
sanitary conditions and with regard for the privacy of the
individual from whom the specimen sample is being obtained and
in a manner reasonably calculated to preclude contamination or
substitution of the specimen sample. If the sample collected
is hair which would entail removal of an article of clothing
or urine, procedures shall be established to provide for
individual privacy in the collection of the sample unless there
is a reasonable suspicion that a particular individual subject
to testing may alter or substitute the hair or urine specimen
sample to be provided, or has previously altered or substituted
a hair or urine specimen sample provided pursuant to a drug
or alcohol test. For purposes of this paragraph, "individual
privacy" means a location at the collection site where hair
collection or urination can occur in private, which has been
secured by visual inspection to ensure that other persons are
not present, which provides that undetected access to the
location is not possible during hair collection or urination,
and which provides for the ability to effectively restrict
access to the location during the time the specimen sample
is provided. If an individual is providing a hair or urine
sample and collection of the hair or urine sample is directly
monitored or observed by another individual, the individual who
is directly monitoring or observing the collection shall be of
the same gender as the individual from whom the hair or urine
sample is being collected.
b. Collection of a urine sample for testing of current
employees shall be performed so that the specimen sample is
split into two components at the time of collection in the
presence of the individual from whom the sample or specimen
is collected. The second portion of the specimen or sample
shall be of sufficient quantity to permit a second, independent
confirmatory test as provided in paragraph "i". The If the
sample is urine, the sample shall be split such that the
primary sample contains at least thirty milliliters and the
secondary sample contains at least fifteen milliliters. Both
portions of the sample shall be forwarded to the laboratory
conducting the initial confirmatory testing. In addition to
any requirements for storage of the initial sample that may be
imposed upon the laboratory as a condition for certification
or approval, the laboratory shall store the second portion of
any sample until receipt of a confirmed negative test result or
for a period of at least forty=five calendar days following the
completion of the initial confirmatory testing, if the first
portion yielded a confirmed positive test result.
Sec. 3. Section 730.5, subsection 7, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0e. Testing of a hair sample shall be
limited to samples not longer than one and one=half inches.
Testing of a hair sample shall be limited to the portion of the
hair that was closest to the skin.
Sec. 4. Section 730.5, subsection 7, paragraph f,
subparagraphs (2) and (3), Code 2017, are amended to read as
follows:
(2) Notwithstanding any provision of this section to the
contrary, alcohol testing, including initial and confirmatory
testing, may be conducted pursuant to requirements established
by the employer's written policy. The written policy shall
include requirements governing evidential breath testing
devices, alcohol screening devices, and the qualifications
for personnel administering initial and confirmatory testing,
which shall be consistent with regulations adopted as of
January 1, 1999 July 1, 2017, by the United States department
of transportation governing alcohol testing required to be
conducted pursuant to the federal Omnibus Transportation
Employee Testing Act of 1991.
(3) Notwithstanding any provision of this section to the
contrary, collection of an oral fluid sample for testing shall
be performed in the presence of the individual from whom the
sample or specimen is collected. The specimen or sample shall
be of sufficient quantity to permit a second, independent,
confirmatory test as provided in paragraph "i". In addition to
any requirement for storage of the initial sample that may be
imposed upon the laboratory as a condition for certification
or approval, the laboratory shall store the unused portion of
any sample until receipt of a confirmed negative test result or
for a period of at least forty=five calendar days following the
completion of the initial confirmatory testing, if the portion
yielded a confirmed positive test result.
Sec. 5. Section 730.5, subsection 8, Code 2017, is amended
by adding the following new paragraph:
NEW PARAGRAPH. g. Employers may conduct hair testing of
prospective employees only.
JACK WHITVER
LINDA UPMEYER
W. CHARLES SMITH
TERRY E. BRANSTA
-1-
