REPORT TITLE:
Substance Abuse Testing


DESCRIPTION:
Provides for substance abuse on-site screening testing.  (SB635
HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        635
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO SUBSTANCE ABUSE TESTING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 329B, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "329B-    Substance abuse on-site screening tests, testing
 
 5 procedures, and confidentiality.  The substance abuse on-site
 
 6 screening test shall be administered for pre-employment purposes
 
 7 only according to the instructions of the manufacturer and this
 
 8 section:
 
 9      (1)  Every employer using a substance abuse on-site
 
10           screening test for pre-employment screening shall
 
11           administer the test according to the United States Food
 
12           and Drug Administration package insert that accompanies
 
13           the substance abuse test, and shall adhere to any
 
14           applicable on-site screening drug test guidelines
 
15           adopted by the United States Food and Drug
 
16           Administration.  Any on-site screening test shall also
 
17           be approved by the director for such pre-employment
 
18           screening;
 
19      (2)  Every employer using a substance abuse on-site
 
20           screening test for pre-employment screening shall
 

 
Page 2                                                     635
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 1           adhere to the rules adopted pursuant to section 329B-8
 
 2           pertaining to specimen collection, urine specimen,
 
 3           shipping of specimens, chain of custody, and
 
 4           confidentiality that may be applicable to on-site drug
 
 5           testing;
 
 6      (3)  If a substance abuse on-site screening test obtains a
 
 7           test result that indicates the presence of drugs,
 
 8           alcohol, or the metabolites of drugs; and if the test
 
 9           result may be used to deny or deprive a person of
 
10           employment or any benefit, or may otherwise result in
 
11           an adverse action being taken against the person, then
 
12           the same sample that produced the test result shall be
 
13           submitted for a confirmatory test to a testing
 
14           laboratory licensed or approved by the department in
 
15           accordance with this chapter.  A positive confirmatory
 
16           test shall be reviewed by a medical review officer
 
17           licensed by the department in accordance with this
 
18           chapter; and
 
19      (4)  The operator who administers the substance abuse on-
 
20           site screening test shall have been trained in the use
 
21           and administering of the on-site screening test by the
 
22           manufacturer of the on-site screening test or the
 
23           manufacturer's designee."
 

 
Page 3                                                     635
                                     S.B. NO.           S.D. 1
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 1      SECTION 2.  Section 329B-2, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.   By adding a new definition to be appropriately inserted
 
 4 and to read:
 
 5      ""Substance abuse on-site screening test" means a portable
 
 6 substance abuse test that meets the requirements of the United
 
 7 States Food and Drug Administration for commercial distribution
 
 8 and is approved by the director for such pre-employment
 
 9 screening."
 
10      2.  By amending the definition of "substance abuse test" to
 
11 read:
 
12      ""Substance abuse test" means any testing procedure designed
 
13 to take and analyze body fluids or materials from the body for
 
14 the purpose of measuring the amount of drugs, alcohol, or the
 
15 metabolites of drugs in the sample tested.  The term includes any
 
16 substance abuse on-site screening test designed to take and
 
17 analyze body fluids or materials from the body for the purpose of
 
18 detecting the presence of drugs, alcohol, or the metabolites of
 
19 drugs in the sample tested."
 
20      SECTION 3.  Section 329B-3, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]329B-3[]]  Limitations.  No third party shall require,
 
23 request, or suggest that any individual submit to a substance
 

 
Page 4                                                     635
                                     S.B. NO.           S.D. 1
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 1 abuse test that does not meet all the requirements of this
 
 2 chapter except for third parties who are covered by [any] a drug
 
 3 testing regulation [promulgated] adopted by the [Hawaii]
 
 4 department of transportation or the United States Department of
 
 5 Transportation or any other federal agencies.  All costs,
 
 6 including confirmatory testing costs, shall be paid for by the
 
 7 third party.  Nothing in this chapter shall be construed to
 
 8 preclude the department or any laboratory certifying agency
 
 9 approved by the director from examining the records of
 
10 laboratories, including substance abuse on-site screening
 
11 locations, licensed for substance abuse testing to ascertain
 
12 compliance with licensure or certification requirements, or to
 
13 preclude the administration of breath tests to determine the
 
14 alcohol content of the tested individual's blood for purposes of
 
15 this chapter."
 
16      SECTION 4.  Section 329B-4, Hawaii Revised Statutes, is
 
17 amended by amending subsection (a) to read as follows:
 
18      "(a)  All substance abuse testing performed in the State
 
19 shall be performed by a testing laboratory licensed by the
 
20 department for that purpose, or certified for substance abuse
 
21 testing by the Substance Abuse and Mental Health Services
 
22 Administration of the United States Department of Health and
 
23 Human Services, and approved by the director[.], except as
 

 
Page 5                                                     635
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 1 provided in section 329B-    ."
 
 2      SECTION 5.  Section 329B-5, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "[[]329B-5[]]  Substance abuse testing procedures and
 
 5 interpretation of [laboratory] test results.  (a)  Prior to the
 
 6 collection of any sample for substance abuse testing, the
 
 7 individual to be tested shall receive a written statement of the
 
 8 specific substances to be tested for and a statement that over-
 
 9 the-counter medications or prescribed drugs may result in a
 
10 positive test result.  The individual, prior to the collection of
 
11 any sample for substance abuse testing, shall receive a
 
12 medication disclosure form, approved by the director, to permit
 
13 the individual to disclose any over-the-counter medication or
 
14 prescribed drug that the individual has taken within the previous
 
15 thirty days.  
 
16      (b)  In accordance with this section, the director shall
 
17 [create in administrative] adopt rules[, regulations] pertaining
 
18 to:  
 
19      (1)  [the] The qualifications, responsibilities, and
 
20           licensing of the medical review officer; 
 
21      (2)  [the] The use of medication disclosure forms; 
 
22      (3)  [the] The method of transmittal of laboratory test
 
23           results and any interpretations of test results to the
 

 
Page 6                                                     635
                                     S.B. NO.           S.D. 1
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 1           third party and the tested individual; and 
 
 2      (4)  [the] The obtaining, disclosure, and confidentiality of
 
 3           substance abuse testing information.  
 
 4      (c)  No laboratory, including a substance abuse on-site
 
 5 screening location, may test for any substance not included on
 
 6 the written statement containing the specific substances to be
 
 7 tested for.
 
 8      (d)  As used in this section, "test results" means
 
 9 laboratory test results or the results of substance abuse on-site
 
10 screening tests."
 
11      SECTION 6.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 7.  This Act shall take effect upon its approval.