HB 564 — First responders; authorize follow-up drug testing before certification.

Judiciary B COMMITTEE SUBSTITUTE FOR HOUSE BILL NO.

564 AN ACT TO CREATE NEW SECTION 45-6-16, MISSISSIPPI CODE OF 1972, TO CREATE A RIGHT TO FOLLOW-UP TESTING FOR A LAWFIRST ENFORCEMENTRESPONDER OFFICER WHO TESTS POSITIVE FOR ILLEGAL DRUG USE AND TO PROVIDE FOR TERMS OF SUSPENSION PENDING THE RECEIPT OF RESULTS FROM THE FOLLOW-UP TEST;

(1) AnyThe full-following orwords part-timeshall lawhave enforcement officer who is accused of drug use in violation of the employer'smeanings policiesdescribed orherein, stateas lawfollows: based upon the results of a urinalysis must be afforded the opportunity to undergo a subsequent more scientifically reliable test before the officer is terminated or is suspended without pay.

(2)(a) If"Law aenforcement full-officer" ormeans part-timeany law enforcement officer iswho requiredhas asbeen acertified conditionby ofthe employmentMississippi toBoard submiton toLaw aEnforcement urineOfficer testStandards forand drugTraining use and thehas resultten of(10) theor testmore isyears positive, the officer may be relieved of dutyservice. and placed on administrative leave with pay.

The(b) officer"Firefighter" means any firefighter who has ten (10) or more years of service and is allowedemployed twoby (2)the businessState daysof followingMississippi, H.or any political subdivision thereof, on a full-time duty status, and any firefighter who has ten (10) or more years of service and is registered with the State of Mississippi, or a political subdivision thereof, on a volunteer firefighting status.

H.

564 *HR26/R195**HR26/R195CS* ~ OFFICIAL ~ G1/2 25/HR26/R19525/HR26/R195CS PAGE 1 (DJ\KW)(GT\KW) official(c) written"Public noticeEMS ofpersonnel" means a licensed certified paramedic, emergency medical technician or emergency medical responder who is employed by the resultsState toof contestMississippi or a political subdivision of the teststate results.on a full-time basis.

If(d) the"First officerresponder" doesmeans notany contestfirefighter, thelaw testenforcement resultsofficer withinor thepublic two-dayEMS period,personnel theas employerdefined mayin initiatethis disciplinaryact. action.

If(2) theAny officerfirst contestsresponder thewho testis resultsaccused withinof thedrug two-dayuse period,in theviolation officerof isthe allowedemployer's anpolicies additionalor fivestate (5)law daysbased toupon appearthe atresults of a certifiedurinalysis laboratorymust andbe voluntarilyafforded submitthe opportunity to theundergo takinga ofsubsequent amore hairscientifically samplereliable fortest before the purposeofficer ofis aterminated hairor follicleis testsuspended forwithout drugpay. analysis.

The(3) hairIf folliclea testfirst responder is initiallyrequired atas a condition of employment to submit to a urine test or drug use and the expenseresult of the officer;test is positive, the officer may be relieved of duty and placed on administrative leave with pay.

however,The iffirst theresponder test result is negative,allowed thetwo officer(2) shallbusiness bedays reimbursedfollowing theofficial costwritten notice of the testresults byto contest the employer.test results.

If the testfirst resultresponder isdoes positive,not contest the officertest shallresults bearwithin the costtwo-day ofperiod, the test.employer may initiate disciplinary action.

If the hair follicle test resultresults isare negativecontested forwithin the drugtwo-day orperiod, drugsthe specifiedfirst inresponder theis urinalysisallowed reportan andadditional therebyfive does(5) notdays supportto theappear findingsat ofa thecertified urinalysis,laboratory thenand thevoluntarily urinalysissubmit resultsto shallthe betaking declaredof a falsehair positive,sample andfor the officerpurpose shallof bea immediatelyhair placedfollicle backtest intofor hisdrug oranalysis. her previous position of employment.

The hair follicle test is initially at the expense of first responder;

H.

B.

No.

564 *HR26/R195CS* ~ OFFICIAL ~ 25/HR26/R195CS PAGE 2(GT\KW) however, if the hair follicle test result is negative, the first responder shall be reimbursed the cost of the test by the employer and the employer shall not require the first responder to conduct follow-up tests.

If the test result is positive, the first responder shall bear the cost of the test.

If the hair follicle test result is negative for the drug or drugs specified in the urinalysis report and thereby does not support the findings of the urinalysis, then the urinalysis results shall be declared a false positive, and first responder shall be immediately placed back into his or her previous position of employment.

(2) Any state agency or political subdivision that employs a person as a full- or part-time law enforcement officer who does not meet the requirements of this chapter, or who employs a person whose certificate has been suspended or revoked under provisions of this chapter, is prohibited from paying the salary of such person, or providing any public monies for the equipment or support of the law enforcement activities of such person except as H.

564 *HR26/R195**HR26/R195CS* ~ OFFICIAL ~ 25/HR26/R19525/HR26/R195CS PAGE 2(DJ\KW)3(GT\KW) (2) Any state agency or political subdivision that employs a person as a full- or part-time law enforcement officer who does not meet the requirements of this chapter, or who employs a person whose certificate has been suspended or revoked under provisions of this chapter, is prohibited from paying the salary of such person, or providing any public monies for the equipment or support of the law enforcement activities of such person except as provided in Section 45-6-16, and any person violating this subsection shall be personally liable for making such payment.

This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.

564 *HR26/R195**HR26/R195CS* ~ OFFICIAL ~ 25/HR26/R19525/HR26/R195CS ST:

authorize follow-up drug PAGE 3(DJ\KW)4(GT\KW) testing before certification.