[§329B-5.5]  Substance abuse on-site screening tests, testing procedures, and confidentiality.  The substance abuse on-site screening test shall be administered for pre-employment purposes only according to the instructions of the manufacturer and this section:

     (1)  Every employer using a substance abuse on-site screening test for pre-employment screening shall administer the test according to the United States Food and Drug Administration package insert that accompanies the substance abuse test, and shall adhere to any applicable on-site screening drug test guidelines adopted by the United States Food and Drug Administration.  Any on-site screening test shall also be approved by the director for such pre-employment screening;

     (2)  Every employer using a substance abuse on-site screening test for pre-employment screening shall adhere to the rules adopted pursuant to section 329B-8 pertaining to specimen collection, urine specimen, shipping of specimens, chain of custody, and confidentiality that may be applicable to on-site drug testing;

     (3)  If a substance abuse on-site screening test obtains a test result that indicates the presence of drugs, alcohol, or the metabolites of drugs; and if the test result may be used to deny or deprive a person of employment or any benefit, or may otherwise result in an adverse action being taken against the person, then the same sample that produced the test result shall be submitted for a confirmatory test to a testing laboratory licensed or approved by the department in accordance with this chapter.  A positive confirmatory test shall be reviewed by a medical review officer licensed by the department in accordance with this chapter; and

     (4)  The operator who administers the substance abuse on-site screening test shall have been trained in the use and administering of the on-site screening test by the manufacturer of the on-site screening test or the manufacturer’s designee. [L 1999, c 206, §1]