REPORT TITLE:
Substance Abuse Testing


DESCRIPTION:
Provides for the use of substance abuse on-site screening tests
(i.e., portable substance abuse tests) that meet the requirements
of the United States Food and Drug Administration for commercial
distribution.  (HB848 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        848
HOUSE OF REPRESENTATIVES                H.B. NO.           H.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-     Use of substance abuse on-site screening tests.
 
 5 (a)  No employer shall utilize a substance abuse on-site
 
 6 screening test unless the substance abuse test is conducted in
 
 7 accordance with this chapter.
 
 8      (b)  An employer may use a substance abuse on-site screening
 
 9 test for pre-employment purposes; provided that the results of
 
10 the substance abuse test will not be used in the diagnosing or
 
11 preventing of disease, and will not be used by a health care
 
12 provider in the treatment of human beings.
 
13      (c)  Every employer desiring to use a substance abuse on-
 
14 site screening test shall certify that:
 
15      (1)  The substance abuse on-site screening test will be
 
16           administered according to the United States Food and
 
17           Drug Administration package insert that accompanies the
 
18           substance abuse test;
 
19      (2)  The substance abuse on-site screening test will be
 
20           administered according to the instructions of the
 
21           manufacturer;
 
Page 2                                                     848
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (3)  Chain of custody procedures will be followed;
 
 2      (4)  The operators of its substance abuse on-site screening
 
 3           locations have been trained in the use of the substance
 
 4           abuse on-site screening test by the manufacturer of the
 
 5           substance abuse test; and
 
 6      (5)  If a substance abuse on-site screening test location
 
 7           obtains a test result that indicates the presence of
 
 8           drugs, alcohol, or the metabolites of drugs; and if the
 
 9           test result may be used to deny or deprive a person of
 
10           employment or any benefit, or may otherwise result in
 
11           an adverse action being taken against the person, then
 
12           the same sample that produced the test result will be
 
13           submitted for a confirmatory test to a testing
 
14           laboratory licensed by the department in accordance
 
15           with this chapter.
 
16      (d)  Every employer using a substance abuse on-site
 
17 screening test for pre-employment screening shall adhere to the
 
18 applicable on-site screening drug test guidelines promulgated by
 
19 the United States Food and Drug Administration for such pre-
 
20 employment screening."
 
21      SECTION 2.  Section 329B-2, Hawaii Revised Statutes, is
 
22 amended as follows:
 

 
 
 
Page 3                                                     848
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      1.  By adding a new definition to be appropriately inserted
 
 2 and to read:
 
 3      ""Substance abuse on-site screening test" means a portable
 
 4 substance abuse test that meets the requirements of the United
 
 5 States Food and Drug Administration for commercial distribution."
 
 6      2.  By amending the definition of "substance abuse test" to
 
 7 read:
 
 8      ""Substance abuse test" means any testing procedure designed
 
 9 to take and analyze body fluids or materials from the body for
 
10 the purpose of measuring the amount of drugs, alcohol, or the
 
11 metabolites of drugs in the sample tested.  The term includes any
 
12 substance abuse on-site screening test designed to take and
 
13 analyze body fluids or materials from the body for the purpose of
 
14 detecting the presence of drugs, alcohol, or the metabolites of
 
15 drugs in the sample tested."
 
16      SECTION 3.  Section 329B-3, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§329B-3[]]  Limitations.  No third party shall require,
 
19 request, or suggest that any individual submit to a substance
 
20 abuse test that does not meet all the requirements of this
 
21 chapter except for third parties who are covered by any drug
 
22 testing regulation [promulgated] adopted by the [Hawaii] state
 
23 department of transportation or the United States Department of
 

 
Page 4                                                     848
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Transportation or any other federal agencies.  All costs,
 
 2 including confirmatory testing costs, shall be paid for by the
 
 3 third party.  Nothing in this chapter shall be construed to
 
 4 preclude the department or any laboratory certifying agency
 
 5 approved by the director from examining the records of
 
 6 laboratories licensed for substance abuse testing to ascertain
 
 7 compliance with licensure or certification requirements, or to
 
 8 preclude the administration of breath tests to determine the
 
 9 alcohol content of the tested individual's blood for purposes of
 
10 this chapter."
 
11      SECTION 4.  Section 329B-4, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  All substance abuse testing performed in the State
 
14 shall be performed by a testing laboratory licensed by the
 
15 department for that purpose, or certified for substance abuse
 
16 testing by the Substance Abuse and Mental Health Services
 
17 Administration of the United States Department of Health and
 
18 Human Services, and approved by the director[.], except as
 
19 provided in section 329B-  ."
 
20      SECTION 5.  Section 329B-5, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "[[]§329B-5[]]  Substance abuse testing procedures and
 
23 interpretation of [laboratory] test results.  (a)  Prior to the
 

 
Page 5                                                     848
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 collection of any sample for substance abuse testing, the
 
 2 individual to be tested shall receive a written statement of the
 
 3 specific substances to be tested for and a statement that over-
 
 4 the-counter medications or prescribed drugs may result in a
 
 5 positive test result.  The individual, prior to the collection of
 
 6 any sample for substance abuse testing, shall receive a
 
 7 medication disclosure form, approved by the director, to permit
 
 8 the individual to disclose any over-the-counter medication or
 
 9 prescribed drug that the individual has taken within the previous
 
10 thirty days.
 
11      (b)  In accordance with this section, the director shall
 
12 [create in administrative] adopt rules[, regulations] pertaining
 
13 to:
 
14      (1)  [the] The qualifications, responsibilities, and
 
15           licensing of the medical review officer;
 
16      (2)  [the] The use of medication disclosure forms;
 
17      (3)  [the] The method of transmittal of [laboratory] test
 
18           results and any interpretations of test results to the
 
19           third party and the tested individual; and
 
20      (4)  [the] The obtaining, disclosure, and confidentiality of
 
21           substance abuse testing information.
 
22      (c)  No laboratory, including a substance abuse on-site
 
23 screening location, may test for any substance not included on
 

 
Page 6                                                     848
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 the written statement containing the specific substances to be
 
 2 tested for.
 
 3      (d)  As used in this section, "test results" refers to
 
 4 laboratory test results or the results of substance abuse on-site
 
 5 screening tests."
 
 6      SECTION 6.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 7.  This Act shall take effect upon its approval.