SF 32 — A bill for an act relating to private sector employee drug testing. Effective 7-1-17.

Senate File 32 - ReprintedEnrolled SENATESenate FILEFile 32 BYAN ZAUNACT (AsRELATING AmendedTO andPRIVATE PassedSECTOR byEMPLOYEE theDRUG SenateTESTING. February 1, 2017) A BILL FOR An Act relating to private sector employee drug testing.

SFSection 321. (2) 87 je/rj S.F.

32 Section 1.

If nationally accepted standards for oral fluid tests on a particular specimen have not been adopted by the federal United States department of health and human services’ substance abuse and mental health services administration, the standards for determining detectable levels of controlled substances for purposes of determining a confirmed positive test result shall be the same standard that has been established cleared or approved by the federal United States department of health and human services’ food and drug administration for the measuring instrument used to perform the oral fluid test particular specimen testing utilized.utilized .

“Sample” means such sample from the human body capable ofSenate revealingFile the32, presencep. of alcohol or other drugs, or their metabolites, which shall include only hair, urine, saliva, breath, and blood.

2 of revealing the presence of alcohol or other drugs, or their metabolites, which shall include only hair, urine, saliva, breath, and blood.

If the sample collected is hair which would entail removal of an article of clothing SFor 32urine, (2)procedures 87shall -1-be je/rjestablished 1/4to S.F.provide for individual privacy in the collection of the sample unless there is a reasonable suspicion that a particular individual subject to testing may alter or substitute the hair or urine specimen sample to be provided, or has previously altered or substituted a hair or urine specimen sample provided pursuant to a drug or alcohol test.

32 or urine, procedures shall be established to provide for individual privacy in the collection of the sample unless there is a reasonable suspicion that a particular individual subject to testing may alter or substitute the hair or urine specimen sample to be provided, or has previously altered or substituted a hair or urine specimen sample provided pursuant to a drug or alcohol test.

The If the sampleSenate isFile urine,32, thep. sample shall be split such that the primary sample contains at least thirty milliliters and the secondary sample contains at least fifteen milliliters.

3 sample is urine, the sample shall be split such that the primary sample contains at least thirty milliliters and the secondary sample contains at least fifteen milliliters.

In addition to any requirements for storage of the initial sample that may be imposed upon the laboratory as a condition for certification or approval, the laboratory shall store the second portion of SFany 32sample (2)until 87receipt -2-of je/rja 2/4confirmed S.F.negative test result or for a period of at least forty-five calendar days following the completion of the initial confirmatory testing, if the first portion yielded a confirmed positive test result.

32 any sample until receipt of a confirmed negative test result or for a period of at least forty-five calendar days following the completion of the initial confirmatory testing, if the first portion yielded a confirmed positive test result.

___.3.

3.4.

In addition to anySenate requirementFile for32, storagep. of the initial sample that may be imposed upon the laboratory as a condition for certification or approval, the laboratory shall store the unused portion of any sample until receipt of a confirmed negative test result or SF 32 (2) 87 -3- je/rj 3/4 S.F.

324 any requirement for storage of the initial sample that may be imposed upon the laboratory as a condition for certification or approval, the laboratory shall store the unused portion of any sample until receipt of a confirmed negative test result or for a period of at least forty-five calendar days following the completion of the initial confirmatory testing, if the portion yielded a confirmed positive test result.

SFSec. 32 (2) 87 -4- je/rj 4/4

5.

Section 730.5, subsection 8, Code 2017, is amended by adding the following new paragraph:

NEW PARAGRAPH .

g.

Employers may conduct hair testing of prospective employees only.

______________________________ ______________________________ JACK WHITVER LINDA UPMEYER President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 32, Eighty-seventh General Assembly.

______________________________ W.

CHARLES SMITHSON Secretary of the Senate Approved _______________, 2017 ______________________________ TERRY E.

BRANSTAD Governor