1. (a) Records, documents and other information pertaining to an employee's test is confidential and must be released only to:

   1. (1) The employee tested.
   2. (2) The Medical Review Officer (MRO).

   3. (3) Individuals who need the records or information to:

      1. (A) Determine or assist in determining what action the Hiring or Appointing Authority should take in response to the test result.
      2. (B) Respond to appeals or litigation arising from the substance test or related action.
      3. (C) Upon request of a governmental agency with regulatory authority over CALCTRA.
      4. (D) Upon written consent by the employee authorizing the release to a specified individual.
2. (b) Any information concerning a test must be strictly confidential and kept in compliance with medical records. Confidential recordkeeping is defined as records maintained in a secure manner, under lock and key, accessible only to the program test coordinator or management designee.
3. (c) Release of such information must be solely pursuant to a written consent form signed voluntarily by the person tested. The consent form must contain, at a minimum, the person who is authorized to obtain the information, the purpose of the disclosure, the precise information to be disclosed, and the duration of the consent.

Note: Authority cited: Sections 2801 and 2809, Penal Code; and Sections 11349(e) and 19572, Government Code. Reference: Sections 2801 and 2809, Penal Code; 49 CFR Part 40 (2017); and Sections 56 et seq., Civil Code.

History

1. New section filed 11-13-2018; operative 1-1-2019 (Register 2018, No. 46).

2. Change without regulatory effect amending subsections (a), (b) and (c) filed 2-11-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).

3. Change without regulatory effect redesignating subsections (a)(3)(i)-(iv) as (a)(3)(A)-(D) filed 1-7-2026 pursuant to section 100, title 1, California Code of Regulations (Register 2026, No. 2).