Bill Text: IA SF68 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act concerning private sector employee drug testing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF68 Detail]
Download: Iowa-2013-SF68-Introduced.html
Senate
File
68
-
Introduced
SENATE
FILE
68
BY
ZAUN
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
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Section
1.
Section
730.5,
subsection
1,
paragraphs
b
and
k,
1
Code
2013,
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
2013,
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
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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
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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
2013,
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
2013,
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
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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
2013,
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
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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.
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