Title 49. State Administration

Chapter 14. Drug Testing

Part I. General Provisions

49:1001      Definitions

As used in this Chapter, the following words and phrases have the meanings contained herein unless the context clearly requires otherwise:

(1) “CAP-FDT-certified laboratory” means a laboratory certified for forensic hair drug testing by the College of American Pathologists.

(2) “CAP-FUDT-certified laboratory” means a laboratory certified for forensic urine drug testing by the College of American Pathologists.

(3) “Employee” means any person, paid or unpaid, in the service of an employer, as defined in Paragraph (3) of this Section.

(4) “Employer” means any person, firm, or corporation, including any governmental entity, that has one or more workers or operators employed, or individuals performing service, in the same business, or in or about the same establishment, under any contract of hire or service, expressed or implied, oral or written; however, “employer” for the purposes of this Chapter shall not include any person, firm, or corporation that is subject to a federally mandated drug testing program. For the purposes of this Chapter, an employee who is a person, firm, or corporation that contracts or subcontracts with a principal need not be considered, in whole or in part, to be an employee of such principal.

(5) “Medical review officer” means a licensed physician responsible for receiving laboratory results generated by employer or testing entity’s drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s positive test result together with his medical history and any other relevant biomedical information.

(6) “Negative employment consequences” means any action taken by an employer or an employer’s agent which negatively impacts an employee’s or prospective employee’s employment status. Examples of “negative employment consequences” include but are not limited to termination of employment, refusal to hire, or altered conditions of employment such as counseling, probation, suspension, and demotion.

(7) “Prospective employee” means any person who has made application to an employer, whether written or oral, to become an employee.

(8) “SAMHSA” means the Substance Abuse and Mental Health Services Administration.

(9) “SAMHSA-certified laboratory” means a laboratory certified for forensic drug testing by the Substance Abuse and Mental Health Services Administration.

(10) “SAMHSA guidelines” means the Mandatory Guidelines for Federal Workplace Drug Testing Programs as published in the Federal Register on April 11, 1988 (53 FR 11970), revised on June 9, 1994 (59 FR 29908), further revised on September 30, 1997 (62 FR 51118), and any further revised guidelines issued by SAMHSA.

(11) “Sample” means urine, blood, saliva, or hair.

(12) “Screening laboratory” means any building, place, or facility in which operations and procedures for the biological, serological, immunological, chemical, immuno-hematological, or other examination of materials derived from the human body are performed for the purpose of drug testing and which is not SAMHSA-certified or CAP-FUDT-certified for forensic urine drug testing and if the following apply to the drug testing of said “screening laboratory”:

(a) If, as a result of such testing, mandatory or discretionary negative employment consequences will not be rendered to the individual.

(b) Drug testing is performed for any or all of the following classes of drugs: marijuana, opioids, cocaine, amphetamines, and phencyclidine.

(13) “Screening test” means an immunoassay screen to eliminate “negative” specimens from further consideration.

(14) “Split sample” means one specimen from one individual that is separated into two specimen containers.

Added by Acts 1990, No. 1036, § 1, eff. Jan. 1, 1991. Amended by Acts 2004, No. 901, § 1, eff. July 12, 2004; Acts 2015, No. 74, § 1.