Florida Senate - 2020                                    SB 1186
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00779A-20                                          20201186__
    1                        A bill to be entitled                      
    2         An act relating to drug-free workplaces; amending s.
    3         112.0455, F.S.; requiring licensed drug-testing
    4         facilities to perform prescreening tests on urine
    5         specimens to determine the specimens’ validity;
    6         specifying requirements for such tests; authorizing
    7         such facilities to rely on such tests to determine if
    8         confirmation testing is required; providing that urine
    9         specimens may not be sent to an out-of-state facility
   10         unless the facility complies with certain
   11         requirements; authorizing the Agency for Health Care
   12         Administration to adopt rules; conforming cross
   13         references; amending s. 440.102, F.S.; revising
   14         definitions; revising information required in a
   15         written policy statement provided to employees and job
   16         applicants before drug testing; revising procedures
   17         for specimen collection, testing, and preservation;
   18         revising qualifications for persons who may take or
   19         collect specimens for a drug test; revising
   20         requirements and procedures for retesting specimens;
   21         deleting and revising confidentiality requirements for
   22         employers relating to certain information; revising
   23         circumstances under which an employer may take certain
   24         actions as to an employee or a job applicant on the
   25         sole basis of certain positive test results; revising
   26         standards for chain-of-custody procedures; revising
   27         requirements and authorized actions relating to
   28         confirmation testing; requiring licensed drug-testing
   29         facilities to perform prescreening tests on urine
   30         specimens to determine the specimens’ validity;
   31         specifying requirements for such tests; authorizing
   32         such facilities to rely on such tests to determine if
   33         confirmation testing is required; providing that urine
   34         specimens may not be sent to an out-of-state facility
   35         unless the facility complies with certain
   36         requirements; authorizing the agency to adopt rules;
   37         conforming provisions to changes made by the act;
   38         amending s. 443.101, F.S.; conforming a cross
   39         reference; providing an effective date.
   40  
   41         WHEREAS, the State of Florida has a profound interest in
   42  the health and welfare of its citizens, and
   43         WHEREAS, new and emerging drug-testing subversion
   44  technologies represent a significant threat to the ability to
   45  properly identify those suffering from addiction and drug abuse,
   46  and
   47         WHEREAS, the Legislature, therefore, seeks to require urine
   48  sample validity testing, such that those persons being tested
   49  can be properly and promptly identified for referral to drug
   50  treatment programs and other health care services, NOW,
   51  THEREFORE,
   52  
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Present subsections (13) through (17) of section
   56  112.0455, Florida Statutes, are redesignated as subsections (14)
   57  through (18), respectively, a new subsection (13) is added to
   58  that section, and paragraph (b) of subsection (6) and paragraph
   59  (a) of present subsection (15) are amended, to read:
   60         112.0455 Drug-Free Workplace Act.—
   61         (6) NOTICE TO EMPLOYEES.—
   62         (b) Prior to testing, all employees and job applicants for
   63  employment shall be given a written policy statement from the
   64  employer which contains:
   65         1. A general statement of the employer’s policy on employee
   66  drug use, which shall identify:
   67         a. The types of testing an employee or job applicant may be
   68  required to submit to, including reasonable suspicion or other
   69  basis; and
   70         b. The actions the employer may take against an employee or
   71  job applicant on the basis of a positive confirmed drug test
   72  result.
   73         2. A statement advising the employee or job applicant of
   74  the existence of this section.
   75         3. A general statement concerning confidentiality.
   76         4. Procedures for employees and job applicants to
   77  confidentially report the use of prescription or nonprescription
   78  medications both before and after being tested. Additionally,
   79  employees and job applicants shall receive notice of the most
   80  common medications by brand name or common name, as applicable,
   81  as well as by chemical name, which may alter or affect a drug
   82  test. A list of such medications shall be developed by the
   83  Agency for Health Care Administration.
   84         5. The consequences of refusing to submit to a drug test.
   85         6. Names, addresses, and telephone numbers of employee
   86  assistance programs and local alcohol and drug rehabilitation
   87  programs.
   88         7. A statement that an employee or job applicant who
   89  receives a positive confirmed drug test result may contest or
   90  explain the result to the employer within 5 working days after
   91  written notification of the positive test result. If an employee
   92  or job applicant’s explanation or challenge is unsatisfactory to
   93  the employer, the person may contest the drug test result as
   94  provided by subsections (15) (14) and (16) (15).
   95         8. A statement informing the employee or job applicant of
   96  his or her responsibility to notify the laboratory of any
   97  administrative or civil actions brought pursuant to this
   98  section.
   99         9. A list of all drugs for which the employer will test,
  100  described by brand names or common names, as applicable, as well
  101  as by chemical names.
  102         10. A statement regarding any applicable collective
  103  bargaining agreement or contract and the right to appeal to the
  104  Public Employees Relations Commission.
  105         11. A statement notifying employees and job applicants of
  106  their right to consult the testing laboratory for technical
  107  information regarding prescription and nonprescription
  108  medication.
  109         (13) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
  110  Before a drug-testing facility licensed under part II of chapter
  111  408 may perform any drug-screening test on a urine specimen
  112  collected in this state, prescreening tests must be performed to
  113  determine the validity of the specimen. The prescreening tests
  114  must be capable of detecting, or detecting and defeating, novel
  115  or emerging urine drug-testing subversion technologies as
  116  described in this subsection.
  117         (a)The drug-testing facility shall use urine sample
  118  validity screening tests that meet all of the following
  119  criteria:
  120         1.A urine sample validity screening test for creatinine
  121  must use a 20 mg/dL cutoff concentration and must have minimal
  122  interferences from bilirubin and blood in the urine. The urine
  123  sample validity screening test must be able to discriminate
  124  between a creatinine level from an unadulterated urine sample
  125  and a creatinine level arising from overhydration or creatine or
  126  protein loading.
  127         2.A urine sample validity screening test for oxidants must
  128  be able to detect the presence or effects of oxidant adulterants
  129  up to 6 days after sample collection, under the sample storage
  130  conditions outlined in the laboratory standards guideline
  131  adopted by rule by the Agency for Health Care Administration,
  132  and after any sample transport that is routinely involved.
  133         3.Urine sample validity screening tests must be able to
  134  detect synthetic or freeze-dried urine substituted for the
  135  donor’s urine for drug testing.
  136         4.Urine sample validity screening tests must be validated
  137  for the detection of all of the additional adulterant classes
  138  represented by glutaraldehyde, salt, heavy metals, cationic
  139  detergents, protease, strong alkaline buffers, and strong acidic
  140  buffers. The detection limits of these classes must be at a
  141  sufficient level to detect a nonphysiologic sample or
  142  interference with enzyme immunoassay drug screening tests.
  143         (b)The drug-testing facility may use only urine sample
  144  validity screening tests that have undergone validation studies
  145  conducted by the manufacturer to document the product’s
  146  conformance to the requirements of this subsection.
  147         (c)A drug-testing facility may rely on urine sample
  148  validity screening tests to determine if confirmation testing is
  149  required for any urine sample that has been deemed invalid for
  150  drug screening.
  151         (d)Urine specimens collected in this state may not be sent
  152  for drug screening tests to a drug-testing facility located
  153  outside of this state unless such drug-testing facility complies
  154  with all requirements of this subsection.
  155         (e)The Agency for Health Care Administration shall adopt
  156  rules necessary for the implementation and enforcement of this
  157  subsection.
  158         (16)(15) NONDISCIPLINE REMEDIES.—
  159         (a) Any person alleging a violation of the provisions of
  160  this section, that is not remediable by the commission or an
  161  arbitrator pursuant to subsection (15) (14), must institute a
  162  civil action for injunctive relief or damages, or both, in a
  163  court of competent jurisdiction within 180 days of the alleged
  164  violation, or be barred from obtaining the following relief.
  165  Relief is limited to:
  166         1. An order restraining the continued violation of this
  167  section.
  168         2. An award of the costs of litigation, expert witness
  169  fees, reasonable attorney attorney’s fees, and noneconomic
  170  damages provided that damages shall be limited to the recovery
  171  of damages directly resulting from injury or loss caused by each
  172  violation of this section.
  173         Section 2. Present subsections (9) through (15) of section
  174  440.102, Florida Statutes, are redesignated as subsections (10)
  175  through (16), respectively, a new subsection (9) is added to
  176  that section, and paragraphs (c), (e), and (q) of subsection
  177  (1), paragraph (a) of subsection (3), paragraphs (b) through
  178  (h), (j), (k), and (l) of subsection (5), subsection (6),
  179  paragraph (a) of subsection (7), and paragraphs (b) and (c) of
  180  present subsection (9) of that section are amended, to read:
  181         440.102 Drug-free workplace program requirements.—The
  182  following provisions apply to a drug-free workplace program
  183  implemented pursuant to law or to rules adopted by the Agency
  184  for Health Care Administration:
  185         (1) DEFINITIONS.—Except where the context otherwise
  186  requires, as used in this act:
  187         (c) “Drug” means any form of alcohol, as defined in s.
  188  322.01(2), including a distilled spirit, wine, a malt beverage,
  189  or an intoxicating preparation; any controlled substance
  190  identified under Schedule I, Schedule II, Schedule III, Schedule
  191  IV, or Schedule V of s. 893.03; any controlled substance
  192  identified under Schedule I, Schedule II, Schedule III, Schedule
  193  IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
  194  812(c) liquor; an amphetamine; a cannabinoid; cocaine;
  195  phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a
  196  barbiturate; a benzodiazepine; a synthetic narcotic; a designer
  197  drug; or a metabolite of any of the substances listed in this
  198  paragraph. An employer may test an individual for any or all of
  199  such drugs.
  200         (e) “Drug test” or “test” means any chemical, biological,
  201  or physical instrumental analysis administered, by a laboratory
  202  certified by the United States Department of Health and Human
  203  Services or licensed by the Agency for Health Care
  204  Administration, for the purpose of determining the presence or
  205  absence of a drug or its metabolites. In the case of testing for
  206  the presence of alcohol, the test must be conducted in
  207  accordance with the United States Department of Transportation
  208  alcohol testing procedures authorized under 49 C.F.R. part 40,
  209  subparts J through M.
  210         (q) “Specimen” means tissue, hair, or a product of the
  211  human body capable of revealing the presence of drugs or their
  212  metabolites, as approved by the United States Food and Drug
  213  Administration, or the Agency for Health Care Administration,
  214  the United States Department of Health and Human Services, or
  215  the United States Department of Transportation.
  216         (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.—
  217         (a) One time only, before prior to testing, an employer
  218  shall give all employees and job applicants for employment a
  219  written policy statement that which contains:
  220         1. A general statement of the employer’s policy on employee
  221  drug use, which must identify:
  222         a. The types of drug testing an employee or job applicant
  223  may be required to submit to, including reasonable-suspicion
  224  drug testing or drug testing conducted on any other basis.
  225         b. The actions the employer may take against an employee or
  226  job applicant on the basis of a positive confirmed drug test
  227  result.
  228         2. A statement advising the employee or job applicant of
  229  the existence of this section.
  230         3. A general statement concerning confidentiality.
  231         4. Procedures for employees and job applicants to
  232  confidentially report to a medical review officer the use of
  233  prescription or nonprescription medications to a medical review
  234  officer both before and after being tested.
  235         5. A list of the most common medications, by brand name or
  236  common name, as applicable, as well as by chemical name, which
  237  may alter or affect a drug test. A list of such medications as
  238  developed by the Agency for Health Care Administration shall be
  239  available to employers through the department.
  240         6. The consequences of refusing to submit to a drug test.
  241         7. A representative sampling of names, addresses, and
  242  telephone numbers of employee assistance programs and local drug
  243  rehabilitation programs.
  244         8. A statement that an employee or job applicant who
  245  receives a positive confirmed test result may contest or explain
  246  the result to the medical review officer within 5 working days
  247  after receiving written notification of the test result; that if
  248  an employee’s or job applicant’s explanation or challenge is
  249  unsatisfactory to the medical review officer, the medical review
  250  officer shall report a positive test result back to the
  251  employer; and that a person may contest the drug test result
  252  pursuant to law or to rules adopted by the Agency for Health
  253  Care Administration.
  254         9. A statement informing the employee or job applicant of
  255  his or her responsibility to notify the laboratory of any
  256  administrative or civil action brought pursuant to this section.
  257         10. A list of all drugs for which the employer will test,
  258  described by brand name or common name, as applicable, as well
  259  as by chemical name.
  260         11. A statement regarding any applicable collective
  261  bargaining agreement or contract and the right to appeal to the
  262  Public Employees Relations Commission or applicable court.
  263         12. A statement notifying employees and job applicants of
  264  their right to consult with a medical review officer for
  265  technical information regarding prescription or nonprescription
  266  medication.
  267         (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
  268  collection and testing for drugs under this section shall be
  269  performed in accordance with the following procedures:
  270         (b) Specimen collection must be documented, and the
  271  documentation procedures shall include the:
  272         1. labeling of specimen containers so as to reasonably
  273  preclude the likelihood of erroneous identification of test
  274  results. For saliva or breath alcohol testing, a specimen
  275  container is not required if the specimen is not being
  276  transported to a laboratory for analysis
  277         2.A form for the employee or job applicant to provide any
  278  information he or she considers relevant to the test, including
  279  identification of currently or recently used prescription or
  280  nonprescription medication or other relevant medical
  281  information. The form must provide notice of the most common
  282  medications by brand name or common name, as applicable, as well
  283  as by chemical name, which may alter or affect a drug test. The
  284  providing of information shall not preclude the administration
  285  of the drug test, but shall be taken into account in
  286  interpreting any positive confirmed test result.
  287         (c) Specimen collection, storage, and transportation to a
  288  laboratory the testing site shall be performed in a manner that
  289  reasonably precludes contamination or adulteration of specimens.
  290         (d) Each confirmation test conducted under this section,
  291  not including the taking or collecting of a specimen to be
  292  tested, shall be conducted by a licensed or certified laboratory
  293  as described in subsection (10) (9).
  294         (e) A specimen for a drug test may be taken or collected by
  295  any person who meets the qualification standards for urine or
  296  oral fluid specimen collection as specified by the United States
  297  Department of Health and Human Services or the United States
  298  Department of Transportation. For alcohol testing, a person must
  299  meet the United States Department of Transportation standards
  300  for a screening test technician or a breath alcohol technician.
  301  A hair specimen may be collected and packaged by a person who
  302  has been trained and certified by a drug-testing laboratory. A
  303  person who directly supervises an employee subject to testing
  304  may not serve as the specimen collector for that employee unless
  305  there is no other qualified specimen collector available of the
  306  following persons:
  307         1.A physician, a physician assistant, a registered
  308  professional nurse, a licensed practical nurse, or a nurse
  309  practitioner or a certified paramedic who is present at the
  310  scene of an accident for the purpose of rendering emergency
  311  medical service or treatment.
  312         2.A qualified person employed by a licensed or certified
  313  laboratory as described in subsection (9).
  314         (f) A person who collects or takes a specimen for a drug
  315  test shall collect an amount sufficient for two independent drug
  316  tests, one to screen the specimen and one for confirmation of
  317  the screening test results, at a laboratory as determined by the
  318  Agency for Health Care Administration.
  319         (g) Every specimen that produces a positive, confirmed test
  320  result shall be preserved by the licensed or certified
  321  laboratory that conducted the confirmation test for a period of
  322  at least 1 year after the confirmation test was conducted 210
  323  days after the result of the test was mailed or otherwise
  324  delivered to the medical review officer. However, if an employee
  325  or job applicant undertakes an administrative or legal challenge
  326  to the test result, the employee or job applicant shall notify
  327  the laboratory and the sample shall be retained by the
  328  laboratory until the case or administrative appeal is settled.
  329  During the 60-day 180-day period after written notification of a
  330  positive test result, the employee or job applicant who has
  331  provided the specimen shall be permitted by the employer to have
  332  a portion of the specimen retested, at the employee’s or job
  333  applicant’s expense, at another laboratory, licensed and
  334  approved by the Agency for Health Care Administration, chosen by
  335  the employee or job applicant. The second laboratory must test
  336  the specimen at the limit of detection for the drug or analyte
  337  confirmed by the original at equal or greater sensitivity for
  338  the drug in question as the first laboratory. If the drug or
  339  analyte is detected by the second laboratory, the result must be
  340  reported as reconfirmed positive. The first laboratory that
  341  performed the test for the employer is responsible for the
  342  transfer of the portion of the specimen to be retested, and for
  343  the integrity of the chain of custody during such transfer.
  344         (h) Within 5 working days after receipt of a positive
  345  verified confirmed test result from the medical review officer,
  346  an employer shall inform an employee or job applicant in writing
  347  of such positive test result, the consequences of such result
  348  results, and the options available to the employee or job
  349  applicant. The employer shall provide to the employee or job
  350  applicant, upon request, a copy of the test results.
  351         (j) The employee’s or job applicant’s explanation or
  352  challenge of the positive test result is unsatisfactory to the
  353  employer, a written explanation as to why the employee’s or job
  354  applicant’s explanation is unsatisfactory, along with the report
  355  of positive result, shall be provided by the employer to the
  356  employee or job applicant; and All such documentation of a
  357  positive test shall be kept confidential by the employer
  358  pursuant to subsection (8) and shall be retained by the employer
  359  for at least 1 year.
  360         (k) An employer may not discharge, discipline, refuse to
  361  hire, discriminate against, or request or require rehabilitation
  362  of an employee or job applicant on the sole basis of a positive
  363  test result that has not been reviewed and verified by a
  364  confirmation test and by a medical review officer, except when a
  365  confirmed positive breath alcohol test was conducted in
  366  accordance with United States Department of Transportation
  367  alcohol testing procedures.
  368         (l) An employer that performs drug testing or specimen
  369  collection shall use chain-of-custody procedures established by
  370  the Agency for Health Care Administration, the United States
  371  Department of Health and Human Services, or the United States
  372  Department of Transportation to ensure proper recordkeeping,
  373  handling, labeling, and identification of all specimens tested.
  374         (6) CONFIRMATION TESTING.—
  375         (a) If an initial drug test is negative, the employer may
  376  in its sole discretion seek a confirmation test.
  377         (b)Only licensed or certified laboratories as described in
  378  subsection (9) may conduct confirmation drug tests.
  379         (c) All laboratory positive initial tests on a urine, oral
  380  fluid, blood, or hair specimen shall be confirmed using gas
  381  chromatography/mass spectrometry (GC/MS) or an equivalent or
  382  more accurate scientifically accepted method approved by the
  383  United States Department of Health and Human Services or the
  384  United States Department of Transportation Agency for Health
  385  Care Administration or the United States Food and Drug
  386  Administration as such technology becomes available in a cost
  387  effective form.
  388         (b)(d) If a an initial drug test of an employee or job
  389  applicant is confirmed by the laboratory as positive, the
  390  employer’s medical review officer shall provide technical
  391  assistance to the employer and to the employee or job applicant
  392  for the purpose of interpreting the test result to determine
  393  whether the result could have been caused by prescription or
  394  nonprescription medication taken by the employee or job
  395  applicant.
  396         (c)For a breath alcohol test, an initial positive result
  397  must be confirmed by a second breath specimen taken and tested
  398  using an evidential breath testing device listed on the
  399  conforming products list issued by the National Highway Traffic
  400  Safety Administration and conducted in accordance with United
  401  States Department of Transportation alcohol testing procedures
  402  authorized under 49 C.F.R. part 40, subparts J through M.
  403         (7) EMPLOYER PROTECTION.—
  404         (a) An employee or job applicant whose drug test result is
  405  confirmed or verified as positive in accordance with this
  406  section shall not, by virtue of the result alone, be deemed to
  407  have a “handicap” or “disability” as defined under federal,
  408  state, or local handicap and disability discrimination laws.
  409         (9) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
  410  Before a drug-testing facility licensed under part II of chapter
  411  408 may perform any drug screening test on a urine specimen
  412  collected in this state, prescreening tests must be performed to
  413  determine the validity of the specimen. The prescreening tests
  414  must be capable of detecting, or detecting and defeating, novel
  415  or emerging urine drug-testing subversion technologies as
  416  described in this subsection.
  417         (a)The drug-testing facility shall use urine sample
  418  validity screening tests that meet all of the following
  419  criteria:
  420         1.A urine sample validity screening test for creatinine
  421  must use a 20 mg/dL cutoff concentration and must have minimal
  422  interferences from bilirubin and blood in the urine. The urine
  423  sample validity screening test must be able to discriminate
  424  between a creatinine level from an unadulterated urine sample
  425  and a creatinine level arising from overhydration or creatine or
  426  protein loading.
  427         2.A urine sample validity screening test for oxidants must
  428  be able to detect the presence or effects of oxidant adulterants
  429  up to 6 days after sample collection, under the sample storage
  430  conditions outlined in the laboratory standards guideline
  431  adopted by rule by the Agency for Health Care Administration,
  432  and after any sample transport that is routinely involved.
  433         3.Urine sample validity screening tests must be able to
  434  detect synthetic or freeze-dried urine substituted for the
  435  donor’s urine for drug testing.
  436         4.Urine sample validity screening tests must be validated
  437  for the detection of all of the additional adulterant classes
  438  represented by glutaraldehyde, salt, heavy metals, cationic
  439  detergents, protease, strong alkaline buffers, and strong acidic
  440  buffers. The detection limits of these classes must be at a
  441  sufficient level to detect a nonphysiologic sample or
  442  interference with enzyme immunoassay drug-screening tests.
  443         (b)The drug-testing facility may use only urine sample
  444  validity screening tests that have undergone validation studies
  445  conducted by the manufacturer to document the product’s
  446  conformance to the requirements of this subsection.
  447         (c)A drug-testing facility may rely on urine sample
  448  validity screening tests to determine if confirmation testing is
  449  required for any urine sample that has been deemed invalid for
  450  drug screening.
  451         (d)Urine specimens collected in this state may not be sent
  452  for drug-screening tests to a drug-testing facility located
  453  outside of this state unless such drug-testing facility complies
  454  with all requirements of this subsection.
  455         (e)The Agency for Health Care Administration shall adopt
  456  rules necessary for the implementation and enforcement of this
  457  subsection.
  458         (10)(9) DRUG-TESTING STANDARDS FOR LABORATORIES.—
  459         (b) A laboratory may analyze initial or confirmation test
  460  specimens only if:
  461         1. The laboratory obtains a license under part II of
  462  chapter 408 and s. 112.0455(18) s. 112.0455(17). Each applicant
  463  for licensure and each licensee must comply with all
  464  requirements of this section, part II of chapter 408, and
  465  applicable rules.
  466         2. The laboratory has written procedures to ensure the
  467  chain of custody.
  468         3. The laboratory follows proper quality control
  469  procedures, including, but not limited to:
  470         a. The use of internal quality controls, including the use
  471  of samples of known concentrations which are used to check the
  472  performance and calibration of testing equipment, and periodic
  473  use of blind samples for overall accuracy.
  474         b. An internal review and certification process for drug
  475  test results, conducted by a person qualified to perform that
  476  function in the testing laboratory.
  477         c. Security measures implemented by the testing laboratory
  478  to preclude adulteration of specimens and drug test results.
  479         d. Other necessary and proper actions taken to ensure
  480  reliable and accurate drug test results.
  481         (c) A laboratory shall disclose to the medical review
  482  officer a written positive confirmed test result report within 7
  483  working days after receipt of the sample. All laboratory reports
  484  of a drug test result must, at a minimum, state:
  485         1. The name and address of the laboratory that performed
  486  the test and the positive identification of the person tested.
  487         2. Positive results on confirmation tests only, or negative
  488  results, as applicable.
  489         3. A list of the drugs for which the drug analyses were
  490  conducted.
  491         4. The type of tests conducted for both initial tests and
  492  confirmation tests and the minimum cutoff levels of the tests.
  493         5.Any correlation between medication reported by the
  494  employee or job applicant pursuant to subparagraph (5)(b)2. and
  495  a positive confirmed drug test result.
  496  
  497  A report must not disclose the presence or absence of any drug
  498  other than a specific drug and its metabolites listed pursuant
  499  to this section.
  500         Section 3. Paragraph (b) of subsection (11) of section
  501  443.101, Florida Statutes, is amended to read:
  502         443.101 Disqualification for benefits.—An individual shall
  503  be disqualified for benefits:
  504         (11) If an individual is discharged from employment for
  505  drug use as evidenced by a positive, confirmed drug test as
  506  provided in paragraph (1)(d), or is rejected for offered
  507  employment because of a positive, confirmed drug test as
  508  provided in paragraph (2)(c), test results and chain of custody
  509  documentation provided to the employer by a licensed and
  510  approved drug-testing laboratory is self-authenticating and
  511  admissible in reemployment assistance hearings, and such
  512  evidence creates a rebuttable presumption that the individual
  513  used, or was using, controlled substances, subject to the
  514  following conditions:
  515         (b) Only laboratories licensed and approved as provided in
  516  s. 440.102(10) s. 440.102(9), or as provided by equivalent or
  517  more stringent licensing requirements established by federal law
  518  or regulation may perform the drug tests.
  519         Section 4. This act shall take effect July 1, 2020.