REPORT Title:

Substance Abuse Testing

 

Description:

Amends definition of "substance abuse on-site screening test" to include tests used for forensic testing as a workplace testing device.  Requires that substance abuse testing be conducted according to the manufacturer's package insert, as an alternative to the Food and Drug Administration insert if there is no FDA insert.  Eliminates the use of tests for pre-employment screening.  Allows for the use of confirmatory test if forensic test result is positive.  (SB1636 HD2)

 

THE SENATE

S.B. NO.

1636

TWENTY-FOURTH LEGISLATURE, 2007

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SUBSTANCE ABUSE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 329B-2, Hawaii Revised Statutes, is amended by amending the definition of "substance abuse on-site screening test" to read as follows:

     ""Substance abuse on-site screening test" means a portable substance abuse test that [meets]:

     (1)  Meets the requirements of the United States Food and Drug Administration for commercial distribution; or

     (2)  Is manufactured in a facility licensed by the United States Food and Drug Administration, or that has received interim approval from the department,

and may be used for forensic testing as a workplace testing device;

and is approved by the director [for such pre-employment screening]."

     SECTION 2.  Section 329B-5.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§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[,]; provided that if there is no United States Food and Drug Administration package insert, then the test shall be administered according to the package insert that accompanies the substance abuse test that is manufactured in a facility licensed by the United States Food and Drug Administration pr that has received interim approval from the department while pursuing Food and Drug Administration approval, 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; provided that employers are authorized to drug test applicants and unions are authorized to drug test members;

     (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[.]; provided that if the substance abuse on-site screening test that obtained a test result that indicates the presence of drugs is of the type that is manufactured in a facility licensed by the United States Food and Drug Administration, may be used for forensic testing, and is approved by the director as a workplace testing device, a confirmatory test using a substance abuse on-site screening device that meets the requirements of the United States food and Drug Administration for commercial distribution may be administered.  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."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2050, and shall be repealed on January 1, 2012.