REPORT TITLE:
Substance Abuse Testing


DESCRIPTION:
Provides for the use of substance abuse on-site screening tests
(i.e., portable substance abuse tests) for pre-employment
purposes only that meet the requirements of the United States
Food and Drug Administration for commercial distribution. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        635
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
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           adhere to the applicable on-site screening drug test
 
12           guidelines adopted by the United States Food and Drug
 
13           Administration and approved by the director for such
 
14           pre-employment screening;
 
15      (2)  Sample collection and tests shall be performed under
 
16           reasonable and sanitary conditions.  The privacy and
 
17           dignity of the individual being tested shall be
 
18           respected.  The operator collecting samples shall
 
19           document the sample, including labeling the sample, to
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           preclude to the extent reasonable the possibility of
 
 2           misidentification of the person tested in relation to
 
 3           the test result;
 
 4      (3)  Chain of custody procedures, as defined in section 11-
 
 5           113-1, Hawaii Administrative Rules, shall be instituted
 
 6           to account for the integrity of each specimen by
 
 7           tracking its handling and storage from the point of
 
 8           specimen collection to final disposition of the
 
 9           specimen.  If a test result indicates the presence of
 
10           drugs, alcohol, or metabolites of drugs, these
 
11           procedures shall require that a chain of custody form,
 
12           developed by the operator pursuant to section 11-113-
 
13           5(e), Hawaii Administrative Rules, shall be used from
 
14           the time of collection to the receipt by the
 
15           laboratory;
 
16      (4)  Any information concerning a substance abuse on-site
 
17           screening test shall be strictly confidential.  This
 
18           information shall not be released to anyone without the
 
19           prior written consent of the individual tested, except
 
20           that information related to a positive test result of
 
21           an individual shall be disclosed to the individual and
 
22           the employer conducting the test; and
 
23      (5)  If a substance abuse on-site screening test location
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           obtains a test result that indicates the presence of
 
 2           drugs, alcohol, or the metabolites of drugs; and if the
 
 3           test result may be used to deny or deprive a person of
 
 4           employment or any benefit, or may otherwise result in
 
 5           an adverse action being taken against the person, then
 
 6           the same sample that produced the test result shall be
 
 7           submitted for a confirmatory test to a testing
 
 8           laboratory licensed by the department in accordance
 
 9           with this chapter."
 
10      SECTION 2.  Section 329B-2, Hawaii Revised Statutes, is
 
11 amended as follows:
 
12      1.  By adding a new definition to be appropriately inserted
 
13 and to read:
 
14      ""Substance abuse on-site screening test" means a portable
 
15 substance abuse test that meets the requirements of the United
 
16 States Food and Drug Administration for commercial distribution
 
17 and is approved by the director."
 
18      2.  By amending the definition of "substance abuse test" to
 
19 read:
 
20      ""Substance abuse test" means any testing procedure designed
 
21 to take and analyze body fluids or materials from the body for
 
22 the purpose of measuring the amount of drugs, alcohol, or the
 
23 metabolites of drugs in the sample tested.  The term includes any
 

 
Page 4                                                     635
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 substance abuse on-site screening test designed to take and
 
 2 analyze body fluids or materials from the body for the purpose of
 
 3 detecting the presence of drugs, alcohol, or the metabolites of
 
 4 drugs in the sample tested."
 
 5      SECTION 3.  Section 329B-3, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "[[]§329B-3[]]  Limitations.  No third party shall require,
 
 8 request, or suggest that any individual submit to a substance
 
 9 abuse test that does not meet all the requirements of this
 
10 chapter except for third parties who are covered by any drug
 
11 testing regulation [promulgated] adopted by the [Hawaii] state
 
12 department of transportation or the United States Department of
 
13 Transportation or any other federal agencies.  All costs,
 
14 including confirmatory testing costs, shall be paid for by the
 
15 third party.  Nothing in this chapter shall be construed to
 
16 preclude the department or any laboratory certifying agency
 
17 approved by the director from examining the records of
 
18 laboratories, including substance abuse on-site screening
 
19 locations, licensed for substance abuse testing to ascertain
 
20 compliance with licensure or certification requirements, or to
 
21 preclude the administration of breath tests to determine the
 
22 alcohol content of the tested individual's blood for purposes of
 
23 this chapter."
 

 
Page 5                                                     635
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      SECTION 4.  Section 329B-4, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  All substance abuse testing performed in the State
 
 4 shall be performed by a testing laboratory licensed by the
 
 5 department for that purpose, or certified for substance abuse
 
 6 testing by the Substance Abuse and Mental Health Services
 
 7 Administration of the United States Department of Health and
 
 8 Human Services, and approved by the director[.], except as
 
 9 provided in section 329B-  ."
 
10      SECTION 5.  Section 329B-5, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "[[]§329B-5[]]  Substance abuse testing procedures and
 
13 interpretation of [laboratory] test results.  (a)  Prior to the
 
14 collection of any sample for substance abuse testing, the
 
15 individual to be tested shall receive a written statement of the
 
16 specific substances to be tested for and a statement that over-
 
17 the-counter medications or prescribed drugs may result in a
 
18 positive test result.  The individual, prior to the collection of
 
19 any sample for substance abuse testing, shall receive a
 
20 medication disclosure form, approved by the director, to permit
 
21 the individual to disclose any over-the-counter medication or
 
22 prescribed drug that the individual has taken within the previous
 
23 thirty days.
 

 
Page 6                                                     635
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (b)  In accordance with this section, the director shall
 
 2 [create in administrative] adopt rules[, regulations] pertaining
 
 3 to:
 
 4      (1)  [the] The qualifications, responsibilities, and
 
 5           licensing of the medical review officer;
 
 6      (2)  [the] The use of medication disclosure forms;
 
 7      (3)  [the] The method of transmittal of [laboratory] test
 
 8           results and any interpretations of test results to the
 
 9           third party and the tested individual; and
 
10      (4)  [the] The obtaining, disclosure, and confidentiality of
 
11           substance abuse testing information.
 
12      (c)  No laboratory, including a substance abuse on-site
 
13 screening location, may test for any substance not included on
 
14 the written statement containing the specific substances to be
 
15 tested for.
 
16      (d)  As used in this section, "test results" refers to
 
17 laboratory test results or the results of substance abuse on-site
 
18 screening tests."
 
19      SECTION 6.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 7.  This Act shall take effect upon its approval.