STAND. COM. REP. NO. 691

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 635
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committees on Labor and Environment and Judiciary, to
which was referred S.B. No. 635 entitled: 

     "A BILL FOR AN ACT RELATING TO SUBSTANCE ABUSE TESTING,"

beg leave to report as follows:

     The purpose of this measure is to provide for the use of
substance abuse on-site screening tests (i.e., portable substance
abuse tests) that meet the United States Food and Drug
Administration requirements for distribution. 

     Oral testimony supporting this measure was presented by a
representative of Hoffman LaRoche Pharmaceuticals.  The
Department of Health (DOH) testified in support of the intent of
this measure.  Testimony in opposition to this measure was
received from the ILWU Local 142.

     Your Committees find that substance abuse on-site testing
provide the same protection of individual rights as those
afforded where the substance abuse testing occurs at a state-
licensed laboratory.  In particular, the following must be
clearly articulated:

     (1)  Assurances of confidentiality;

     (2)  Chain of custody procedures; and 

     (3)  Protocols to insure proper administering of the test.


 
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In addition, your Committees find that these tests should be used
for pre-employment purposes only which would decrease the cost to
an employer who screens an individual after a job offer has been
made and prior to start of employment.

     Your Committees have amended this measure by deleting
section 3 of the bill and rewriting section 1 of the measure in
its entirety as follows:

     (1)  Use of substance abuse on-site testing is allowed for
          pre-employment purposes only and must adhere to
          guidelines adopted by the U.S. Food and Drug
          Administration and approved by the Director of Health;

     (2)  Tests shall be conducted under sanitary conditions that
          respect the privacy and dignity of the individual being
          tested and that use procedures that preclude
          misidentification of samples; 

     (3)  Chain of custody procedures as defined by DOH shall be
          followed and if the test result is positive a chain of
          custody form, developed by the operator pursuant to DOH
          rules, shall be used;

     (4)  Test results are confidential and shall not be released
          without prior written consent of the individual being
          tested; and

     (5)  If a test result is positive then the sample must be
          submitted to a licensed laboratory for a confirmatory
          test.

Your Committees also amended the definition of substance abuse
on-site testing to clarify that the portable test meets the
requirements of the U.S. Food and Drug Administration and is
approved by the Director of Health.

     As affirmed by the records of votes of the members of your
Committees on Labor and Environment and Judiciary that are
attached to this report, your Committees are in accord with the
intent and purpose of S.B. No. 635, as amended herein, and
recommend that it pass Second Reading in the form attached hereto
as S.B. No. 635, S.D. 1, and be placed on the calendar for Third
Reading.


 
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                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committees on Labor and
                                   Environment and Judiciary,



____________________________       ______________________________
AVERY B. CHUMBLEY, Co-Chair        BOB NAKATA, Chair



____________________________
MATTHEW M. MATSUNAGA, Co-Chair

 
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