1. A. The State Board of Health shall implement and enforce the provisions of the Standards for Workplace Drug and Alcohol Testing Act. The Board shall have the power and duty to promulgate, prescribe, amend and repeal rules for the licensure and regulation of testing facilities and for the establishment and regulation of minimum testing standards and procedures, which shall include, but not be limited to, the following:

   1. 1. Qualifications of testing facilities which shall include the requirement that facilities doing urine analysis for initial or confirmation tests either be certified for forensic urine drug testing pursuant to guidelines or regulations of the federal Department of Health and Human Services or be accredited for forensic urine drug testing by the College of American Pathologists or other organizations recognized by the State Board of Health;
   2. 2. Qualifications of testing facility personnel;
   3. 3. Body component samples that are appropriate for drug and alcohol testing, to include saliva, urine and hair;
   4. 4. The drugs in addition to marihuana, cocaine, opiates, amphetamines and phencyclidine, and their metabolites, for which testing may be conducted;
   5. 5. Methods of analysis and internal quality control procedures to ensure reliable test results;
   6. 6. Internal review and certification process for test results;
   7. 7. Security measures to preclude adulteration;
   8. 8. Chain-of-custody procedures;
   9. 9. Retention and storage procedures and durations to ensure availability of samples for retesting;
   10. 10. Procedures for ensuring confidentiality of test results;
   11. 11. Proficiency testing;
   12. 12. Training and qualifications of review officers which shall include, but not be limited to, licensure to practice medicine and surgery or osteopathic medicine or holding a doctorate in clinical chemistry, forensic toxicology, or a similar biomedical science;
   13. 13. Training and qualifications of collection site personnel;
   14. 14. Sample collection procedures that ensure the privacy of the individual and prevent and detect tampering with the sample;
   15. 15. Sample documentation, storage and transportation to the testing facility; and
   16. 16. Procedures for the testing facility to provide the necessary documentation of testing procedures and test results to the employer requesting testing services as may be required by a court or administrative proceeding.
2. B. The rules promulgated by the State Board of Health pursuant to the provisions of this act shall in all applicable respects be consistent with any federal laws and regulations for drug and alcohol testing in the workplace and shall include safeguards, standards and procedures not less stringent than those applicable to federally regulated drug and alcohol testing in the workplace, except where to do so would create a conflict with a provision of this act.

Added by Laws 1993, SB 143, c. 355, § 7, emerg. eff. June 10, 1993; Amended by Laws 2006, SB 1466, c. 277, § 3, eff. November 1, 2006 (superseded document available).