Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 890
Ì441768NÎ441768
LEGISLATIVE ACTION
Senate . House
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The Committee on Commerce and Tourism (Baxley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (13) through (17) of section
6 112.0455, Florida Statutes, are redesignated as subsections (14)
7 through (18), respectively, a new subsection (13) is added to
8 that section, and paragraph (b) of subsection (6) and paragraph
9 (a) of present subsection (15) are amended, to read:
10 112.0455 Drug-Free Workplace Act.—
11 (6) NOTICE TO EMPLOYEES.—
12 (b) Prior to testing, all employees and job applicants for
13 employment shall be given a written policy statement from the
14 employer which contains:
15 1. A general statement of the employer’s policy on employee
16 drug use, which shall identify:
17 a. The types of testing an employee or job applicant may be
18 required to submit to, including reasonable suspicion or other
19 basis; and
20 b. The actions the employer may take against an employee or
21 job applicant on the basis of a positive confirmed drug test
22 result.
23 2. A statement advising the employee or job applicant of
24 the existence of this section.
25 3. A general statement concerning confidentiality.
26 4. Procedures for employees and job applicants to
27 confidentially report the use of prescription or nonprescription
28 medications both before and after being tested. Additionally,
29 employees and job applicants shall receive notice of the most
30 common medications by brand name or common name, as applicable,
31 as well as by chemical name, which may alter or affect a drug
32 test. A list of such medications shall be developed by the
33 Agency for Health Care Administration.
34 5. The consequences of refusing to submit to a drug test.
35 6. Names, addresses, and telephone numbers of employee
36 assistance programs and local alcohol and drug rehabilitation
37 programs.
38 7. A statement that an employee or job applicant who
39 receives a positive confirmed drug test result may contest or
40 explain the result to the employer within 5 working days after
41 written notification of the positive test result. If an employee
42 or job applicant’s explanation or challenge is unsatisfactory to
43 the employer, the person may contest the drug test result as
44 provided by subsections (15) (14) and (16) (15).
45 8. A statement informing the employee or job applicant of
46 his or her responsibility to notify the laboratory of any
47 administrative or civil actions brought pursuant to this
48 section.
49 9. A list of all drugs for which the employer will test,
50 described by brand names or common names, as applicable, as well
51 as by chemical names.
52 10. A statement regarding any applicable collective
53 bargaining agreement or contract and the right to appeal to the
54 Public Employees Relations Commission.
55 11. A statement notifying employees and job applicants of
56 their right to consult the testing laboratory for technical
57 information regarding prescription and nonprescription
58 medication.
59 (13) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
60 Before a drug testing facility licensed under part II of chapter
61 408 may perform any drug-screening test on a urine specimen
62 collected in this state, prescreening tests must be performed to
63 determine the validity of the specimen. The prescreening tests
64 must be capable of detecting, or detecting and defeating, novel
65 or emerging urine drug testing subversion technologies as
66 described in this subsection.
67 (a) The drug-testing facility shall use urine sample
68 validity screening tests that meet all of the following
69 criteria:
70 1. A urine sample validity screening test for creatinine
71 must use a 20 mg/dL cutoff concentration and must have minimal
72 interferences from bilirubin and blood in the urine. The urine
73 sample validity screening test must be able to discriminate
74 between a creatinine level from an unadulterated urine sample
75 and a creatinine level arising from overhydration or creatine or
76 protein loading.
77 2. A urine sample validity screening test for oxidants must
78 be able to detect the presence or effects of oxidant adulterants
79 up to 6 days after sample collection, under the sample storage
80 conditions outlined in the laboratory standards guideline
81 adopted by rule by the Agency for Health Care Administration,
82 and after any sample transport that is routinely involved.
83 3. Urine sample validity screening tests must be able to
84 detect synthetic or freeze-dried urine substituted for the
85 donor’s urine for drug testing.
86 4. Urine sample validity screening tests must be validated
87 for the detection of all of the additional adulterant classes
88 represented by glutaraldehyde, salt, heavy metals, cationic
89 detergents, protease, strong alkaline buffers, and strong acidic
90 buffers. The detection limits of these classes must be at a
91 sufficient level to detect a nonphysiologic sample or
92 interference with enzyme immunoassay drug screening tests.
93 (b) The drug-testing facility may only use urine sample
94 validity screening tests that have undergone validation studies
95 conducted by the manufacturer to document the product’s
96 conformance to the requirements of this subsection.
97 (c) A drug-testing facility may rely on urine sample
98 validity screening tests to determine if confirmation testing is
99 required for any urine sample that has been deemed invalid for
100 drug screening.
101 (d) Urine specimens collected in this state may not be sent
102 for drug screening tests to a drug-testing facility located
103 outside of this state unless such drug testing facility complies
104 with all requirements of this subsection.
105 (e) The Agency for Health Care Administration shall adopt
106 rules necessary for the implementation and enforcement of this
107 subsection.
108 (16)(15) NONDISCIPLINE REMEDIES.—
109 (a) Any person alleging a violation of the provisions of
110 this section, who that is not remediable by the commission or an
111 arbitrator pursuant to subsection (15) (14), must institute a
112 civil action for injunctive relief or damages, or both, in a
113 court of competent jurisdiction within 180 days of the alleged
114 violation, or be barred from obtaining the following relief.
115 Relief is limited to:
116 1. An order restraining the continued violation of this
117 section.
118 2. An award of the costs of litigation, expert witness
119 fees, reasonable attorney’s fees, and noneconomic damages
120 provided that damages shall be limited to the recovery of
121 damages directly resulting from injury or loss caused by each
122 violation of this section.
123 Section 2. Present subsections (9) through (15) of section
124 440.102, Florida Statutes, are redesignated as subsections (10)
125 through (16), respectively, a new subsection (9) is added to
126 that section, and paragraphs (c), (e), and (q) of subsection
127 (1), paragraph (a) of subsection (3), paragraph (a) of
128 subsection (4), paragraphs (b) through (h), (j), (k), and (l) of
129 subsection (5), subsection (6), paragraph (a) of subsection (7),
130 and paragraphs (b) and (c) of present subsection (9) of that
131 section are amended, to read:
132 440.102 Drug-free workplace program requirements.—The
133 following provisions apply to a drug-free workplace program
134 implemented pursuant to law or to rules adopted by the Agency
135 for Health Care Administration:
136 (1) DEFINITIONS.—Except where the context otherwise
137 requires, as used in this act:
138 (c) “Drug” means any form of alcohol, as defined in s.
139 322.01(2), including a distilled spirit, wine, a malt beverage,
140 or an intoxicating preparation; any controlled substance
141 identified under Schedule I, Schedule II, Schedule III, Schedule
142 IV, or Schedule V of s. 893.03; any controlled substance
143 identified under Schedule I, Schedule II, Schedule III, Schedule
144 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
145 812(c); liquor; an amphetamine; a cannabinoid; cocaine;
146 phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a
147 barbiturate; a benzodiazepine; a synthetic narcotic; a designer
148 drug; or a metabolite of any of the substances listed in this
149 paragraph. An employer may test an individual for any or all of
150 such drugs.
151 (e) “Drug test” or “test” means any chemical, biological,
152 or physical instrumental analysis administered, by a laboratory
153 certified by the United States Department of Health and Human
154 Services or licensed by the Agency for Health Care
155 Administration, for the purpose of determining the presence or
156 absence of a drug or its metabolites. In the case of testing for
157 the presence of alcohol, the test must be conducted in
158 accordance with the United States Department of Transportation
159 alcohol testing procedures authorized under 49 C.F.R. part 40,
160 subparts J through M.
161 (q) “Specimen” means tissue, hair, or a product of the
162 human body capable of revealing the presence of drugs or their
163 metabolites, as approved by the United States Food and Drug
164 Administration, or the Agency for Health Care Administration,
165 the United States Department of Health and Human Services, or
166 the United States Department of Transportation.
167 (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.—
168 (a) One time only, before prior to testing, an employer
169 shall give all employees and job applicants for employment a
170 written policy statement that which contains:
171 1. A general statement of the employer’s policy on employee
172 drug use, which must identify:
173 a. The types of drug testing an employee or job applicant
174 may be required to submit to, including reasonable-suspicion
175 drug testing or drug testing conducted on any other basis.
176 b. The actions the employer may take against an employee or
177 job applicant on the basis of a positive confirmed drug test
178 result.
179 2. A statement advising the employee or job applicant of
180 the existence of this section.
181 3. A general statement concerning confidentiality.
182 4. Procedures for employees and job applicants to
183 confidentially report to a medical review officer the use of
184 prescription or nonprescription medications to a medical review
185 officer both before and after being tested.
186 5. A list of the most common medications, by brand name or
187 common name, as applicable, as well as by chemical name, which
188 may alter or affect a drug test. A list of such medications as
189 developed by the Agency for Health Care Administration shall be
190 available to employers through the department.
191 6. The consequences of refusing to submit to a drug test.
192 7. A representative sampling of names, addresses, and
193 telephone numbers of employee assistance programs and local drug
194 rehabilitation programs.
195 8. A statement that an employee or job applicant who
196 receives a positive confirmed test result may contest or explain
197 the result to the medical review officer within 5 working days
198 after receiving written notification of the test result; that if
199 an employee’s or job applicant’s explanation or challenge is
200 unsatisfactory to the medical review officer, the medical review
201 officer shall report a positive test result back to the
202 employer; and that a person may contest the drug test result
203 pursuant to law or to rules adopted by the Agency for Health
204 Care Administration.
205 9. A statement informing the employee or job applicant of
206 his or her responsibility to notify the laboratory of any
207 administrative or civil action brought pursuant to this section.
208 10. A list of all drugs for which the employer will test,
209 described by brand name or common name, as applicable, as well
210 as by chemical name.
211 11. A statement regarding any applicable collective
212 bargaining agreement or contract and the right to appeal to the
213 Public Employees Relations Commission or applicable court.
214 12. A statement notifying employees and job applicants of
215 their right to consult with a medical review officer for
216 technical information regarding prescription or nonprescription
217 medication.
218 (4) TYPES OF TESTING.—
219 (a) An employer is required to conduct the following types
220 of drug tests:
221 1. Job applicant drug testing.—An employer must require job
222 applicants to submit to a drug test and may use a refusal to
223 submit to a drug test or a positive confirmed drug test as a
224 basis for refusing to hire a job applicant.
225 2. Reasonable-suspicion drug testing.—An employer must
226 require an employee to submit to reasonable-suspicion drug
227 testing.
228 3. Routine fitness-for-duty drug testing.—An employer must
229 require an employee to submit to a drug test if the test is
230 conducted as part of a routinely scheduled employee fitness-for
231 duty medical examination that is part of the employer’s
232 established policy or that is scheduled routinely for all
233 members of an employment classification or group.
234 4. Followup drug testing.—If the employee in the course of
235 employment enters an employee assistance program for drug
236 related problems, or a drug rehabilitation program, the employer
237 must require the employee to submit to a drug test as a followup
238 to such program, unless the employee voluntarily entered the
239 program. In those cases, the employer has the option to not
240 require followup testing. If followup testing is required, it
241 must be conducted at least 6 times in the first year, and may be
242 conducted twice for 1 additional year once a year for a 2-year
243 period after completion of the program. Advance notice of a
244 followup testing date must not be given to the employee to be
245 tested.
246 (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
247 collection and testing for drugs under this section shall be
248 performed in accordance with the following procedures:
249 (b) Specimen collection must be documented, and the
250 documentation procedures shall include the:
251 1. labeling of specimen containers so as to reasonably
252 preclude the likelihood of erroneous identification of test
253 results. For saliva or breath alcohol testing, a specimen
254 container is not required if the specimen is not being
255 transported to a laboratory for analysis
256 2. A form for the employee or job applicant to provide any
257 information he or she considers relevant to the test, including
258 identification of currently or recently used prescription or
259 nonprescription medication or other relevant medical
260 information. The form must provide notice of the most common
261 medications by brand name or common name, as applicable, as well
262 as by chemical name, which may alter or affect a drug test. The
263 providing of information shall not preclude the administration
264 of the drug test, but shall be taken into account in
265 interpreting any positive confirmed test result.
266 (c) Specimen collection, storage, and transportation to a
267 laboratory the testing site shall be performed in a manner that
268 reasonably precludes contamination or adulteration of specimens.
269 (d) Each confirmation test conducted under this section,
270 not including the taking or collecting of a specimen to be
271 tested, shall be conducted by a licensed or certified laboratory
272 as described in subsection (10) (9).
273 (e) A specimen for a drug test may be taken or collected by
274 any person who meets the qualification standards for urine or
275 oral fluid specimen collection as specified by the United States
276 Department of Health and Human Services or the United States
277 Department of Transportation. For alcohol testing, a person must
278 meet the United States Department of Transportation standards
279 for a screening test technician or a breath alcohol technician.
280 A hair specimen may be collected and packaged by a person who
281 has been trained and certified by a drug-testing laboratory. A
282 person who directly supervises an employee subject to testing
283 may not serve as the specimen collector for that employee unless
284 there is no other qualified specimen collector available of the
285 following persons:
286 1. A physician, a physician assistant, a registered
287 professional nurse, a licensed practical nurse, or a nurse
288 practitioner or a certified paramedic who is present at the
289 scene of an accident for the purpose of rendering emergency
290 medical service or treatment.
291 2. A qualified person employed by a licensed or certified
292 laboratory as described in subsection (9).
293 (f) A person who collects or takes a specimen for a drug
294 test shall collect an amount sufficient for two independent drug
295 tests, one to screen the specimen and one for confirmation of
296 the screening test results, at a laboratory as determined by the
297 Agency for Health Care Administration.
298 (g) Every specimen that produces a positive, confirmed test
299 result shall be preserved by the licensed or certified
300 laboratory that conducted the confirmation test for a period of
301 at least 1 year after the confirmation test was conducted 210
302 days after the result of the test was mailed or otherwise
303 delivered to the medical review officer. However, if an employee
304 or job applicant undertakes an administrative or legal challenge
305 to the test result, the employee or job applicant shall notify
306 the laboratory and the sample shall be retained by the
307 laboratory until the case or administrative appeal is settled.
308 During the 60-day 180-day period after written notification of a
309 positive test result, the employee or job applicant who has
310 provided the specimen shall be permitted by the employer to have
311 a portion of the specimen retested, at the employee’s or job
312 applicant’s expense, at another laboratory, licensed and
313 approved by the Agency for Health Care Administration, chosen by
314 the employee or job applicant. The second laboratory must test
315 the specimen at the limit of detection for the drug or analyte
316 confirmed by the original at equal or greater sensitivity for
317 the drug in question as the first laboratory. If the drug or
318 analyte is detected by the second laboratory, the result shall
319 be reported as reconfirmed positive. The first laboratory that
320 performed the test for the employer is responsible for the
321 transfer of the portion of the specimen to be retested, and for
322 the integrity of the chain of custody during such transfer.
323 (h) Within 5 working days after receipt of a positive
324 verified confirmed test result from the medical review officer,
325 an employer shall inform an employee or job applicant in writing
326 of such positive test result, the consequences of such results,
327 and the options available to the employee or job applicant. The
328 employer shall provide to the employee or job applicant, upon
329 request, a copy of the test results.
330 (j) The employee’s or job applicant’s explanation or
331 challenge of the positive test result is unsatisfactory to the
332 employer, a written explanation as to why the employee’s or job
333 applicant’s explanation is unsatisfactory, along with the report
334 of positive result, shall be provided by the employer to the
335 employee or job applicant; and All such documentation of a
336 positive test shall be kept confidential by the employer
337 pursuant to subsection (8) and shall be retained by the employer
338 for at least 1 year.
339 (k) An employer may not discharge, discipline, refuse to
340 hire, discriminate against, or request or require rehabilitation
341 of an employee or job applicant on the sole basis of a positive
342 test result that has not been reviewed and verified by a
343 confirmation test and by a medical review officer, except when a
344 confirmed positive breath alcohol test was conducted in
345 accordance with United States Department of Transportation
346 alcohol testing procedures.
347 (l) An employer that performs drug testing or specimen
348 collection shall use chain-of-custody procedures established by
349 the Agency for Health Care Administration, the United States
350 Department of Health and Human Services, or the United States
351 Department of Transportation to ensure proper recordkeeping,
352 handling, labeling, and identification of all specimens tested.
353 (6) CONFIRMATION TESTING.—
354 (a) If an initial drug test is negative, the employer may
355 in its sole discretion seek a confirmation test.
356 (b) Only licensed or certified laboratories as described in
357 subsection (9) may conduct confirmation drug tests.
358 (c) All laboratory positive initial tests on a urine, oral
359 fluid, blood, or hair specimen shall be confirmed using gas
360 chromatography/mass spectrometry (GC/MS) or an equivalent or
361 more accurate scientifically accepted method approved by the
362 United States Department of Health and Human Services or the
363 United States Department of Transportation Agency for Health
364 Care Administration or the United States Food and Drug
365 Administration as such technology becomes available in a cost
366 effective form.
367 (b)(d) If a an initial drug test of an employee or job
368 applicant is confirmed by the laboratory as positive, the
369 employer’s medical review officer shall provide technical
370 assistance to the employer and to the employee or job applicant
371 for the purpose of interpreting the test result to determine
372 whether the result could have been caused by prescription or
373 nonprescription medication taken by the employee or job
374 applicant.
375 (c) For a breath alcohol test, an initial positive result
376 shall be confirmed by a second breath specimen taken and tested
377 using an evidential breath testing device listed on the
378 conforming products list issued by the National Highway Traffic
379 Safety Administration and conducted in accordance with United
380 States Department of Transportation alcohol testing procedures
381 authorized under 49 C.F.R. part 40, subparts J through M.
382 (7) EMPLOYER PROTECTION.—
383 (a) An employee or job applicant whose drug test result is
384 confirmed or verified as positive in accordance with this
385 section shall not, by virtue of the result alone, be deemed to
386 have a “handicap” or “disability” as defined under federal,
387 state, or local handicap and disability discrimination laws.
388 (9) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
389 Before a drug-testing facility licensed under part II of chapter
390 408 may perform any drug screening test on a urine specimen
391 collected in this state, prescreening tests must be performed to
392 determine the validity of the specimen. The prescreening tests
393 must be capable of detecting, or detecting and defeating, novel
394 or emerging urine drug-testing subversion technologies as
395 described in this subsection.
396 (a) The drug-testing facility shall use urine sample
397 validity screening tests that meet all of the following
398 criteria:
399 1. A urine sample validity screening test for creatinine
400 must use a 20 mg/dL cutoff concentration and must have minimal
401 interferences from bilirubin and blood in the urine. The urine
402 sample validity screening test must be able to discriminate
403 between a creatinine level from an unadulterated urine sample
404 and a creatinine level arising from overhydration or creatine or
405 protein loading.
406 2. A urine sample validity screening test for oxidants must
407 be able to detect the presence or effects of oxidant adulterants
408 up to 6 days after sample collection, under the sample storage
409 conditions outlined in the laboratory standards guideline
410 adopted by rule by the Agency for Health Care Administration,
411 and after any sample transport that is routinely involved.
412 3. Urine sample validity screening tests must be able to
413 detect synthetic or freeze-dried urine substituted for the
414 donor’s urine for drug testing.
415 4. Urine sample validity screening tests must be validated
416 for the detection of all of the additional adulterant classes
417 represented by glutaraldehyde, salt, heavy metals, cationic
418 detergents, protease, strong alkaline buffers, and strong acidic
419 buffers. The detection limits of these classes must be at a
420 sufficient level to detect a nonphysiologic sample or
421 interference with enzyme immunoassay drug-screening tests.
422 (b) The drug-testing facility may only use urine sample
423 validity screening tests that have undergone validation studies
424 conducted by the manufacturer to document the product’s
425 conformance to the requirements of this subsection.
426 (c) A drug-testing facility may rely on urine sample
427 validity screening tests to determine if confirmation testing is
428 required for any urine sample that has been deemed invalid for
429 drug screening.
430 (d) Urine specimens collected in this state may not be sent
431 for drug-screening tests to a drug-testing facility located
432 outside of this state unless such drug testing facility complies
433 with all requirements of this subsection.
434 (e) The Agency for Health Care Administration shall adopt
435 rules necessary for the implementation and enforcement of this
436 subsection.
437 (10)(9) DRUG-TESTING STANDARDS FOR LABORATORIES.—
438 (b) A laboratory may analyze initial or confirmation test
439 specimens only if:
440 1. The laboratory obtains a license under part II of
441 chapter 408 and s. 112.0455(18) s. 112.0455(17). Each applicant
442 for licensure and each licensee must comply with all
443 requirements of this section, part II of chapter 408, and
444 applicable rules.
445 2. The laboratory has written procedures to ensure the
446 chain of custody.
447 3. The laboratory follows proper quality control
448 procedures, including, but not limited to:
449 a. The use of internal quality controls, including the use
450 of samples of known concentrations which are used to check the
451 performance and calibration of testing equipment, and periodic
452 use of blind samples for overall accuracy.
453 b. An internal review and certification process for drug
454 test results, conducted by a person qualified to perform that
455 function in the testing laboratory.
456 c. Security measures implemented by the testing laboratory
457 to preclude adulteration of specimens and drug test results.
458 d. Other necessary and proper actions taken to ensure
459 reliable and accurate drug test results.
460 (c) A laboratory shall disclose to the medical review
461 officer a written positive confirmed test result report within 7
462 working days after receipt of the sample. All laboratory reports
463 of a drug test result must, at a minimum, state:
464 1. The name and address of the laboratory that performed
465 the test and the positive identification of the person tested.
466 2. Positive results on confirmation tests only, or negative
467 results, as applicable.
468 3. A list of the drugs for which the drug analyses were
469 conducted.
470 4. The type of tests conducted for both initial tests and
471 confirmation tests and the minimum cutoff levels of the tests.
472 5. Any correlation between medication reported by the
473 employee or job applicant pursuant to subparagraph (5)(b)2. and
474 a positive confirmed drug test result.
475
476 A report must not disclose the presence or absence of any drug
477 other than a specific drug and its metabolites listed pursuant
478 to this section.
479 Section 3. Paragraph (b) of subsection (11) of section
480 443.101, Florida Statutes, is amended to read:
481 443.101 Disqualification for benefits.—An individual shall
482 be disqualified for benefits:
483 (11) If an individual is discharged from employment for
484 drug use as evidenced by a positive, confirmed drug test as
485 provided in paragraph (1)(d), or is rejected for offered
486 employment because of a positive, confirmed drug test as
487 provided in paragraph (2)(c), test results and chain of custody
488 documentation provided to the employer by a licensed and
489 approved drug-testing laboratory is self-authenticating and
490 admissible in reemployment assistance hearings, and such
491 evidence creates a rebuttable presumption that the individual
492 used, or was using, controlled substances, subject to the
493 following conditions:
494 (b) Only laboratories licensed and approved as provided in
495 s. 440.102(10) s. 440.102(9), or as provided by equivalent or
496 more stringent licensing requirements established by federal law
497 or regulation may perform the drug tests.
498 Section 4. This act shall take effect July 1, 2019.
499
500 ================= T I T L E A M E N D M E N T ================
501 And the title is amended as follows:
502 Delete everything before the enacting clause
503 and insert:
504 A bill to be entitled
505 An act relating to drug-free workplaces; amending s.
506 112.0455, F.S.; requiring licensed drug-testing
507 facilities to perform prescreening tests on urine
508 specimens to determine their validity; specifying
509 requirements for such prescreening tests; requiring
510 such facilities to only use certain screening tests;
511 authorizing such facilities to rely on the screening
512 tests to determine if certain confirmation testing is
513 required; providing that urine specimens may not be
514 sent to an out-of-state facility unless the facility
515 complies with certain requirements; authorizing the
516 Agency for Health Care Administration to adopt rules;
517 conforming cross-references; amending s. 440.102,
518 F.S.; revising definitions; revising required
519 information in a written policy statement provided to
520 employees and job applicants before drug testing;
521 revising the frequency of required followup drug
522 testing; revising procedures for specimen collection,
523 testing, and preservation; revising persons who may
524 take or collect specimens for a drug test; revising
525 requirements and procedures for retesting specimens;
526 deleting and revising confidentiality requirements for
527 employers relating to certain information; revising
528 circumstances under which an employer may take certain
529 actions relating to an employee or job applicant on
530 the sole basis of certain positive test results;
531 revising standards for chain-of-custody procedures;
532 revising requirements and authorized actions relating
533 to confirmation testing; requiring licensed drug
534 testing facilities to perform prescreening tests on
535 urine specimens to determine their validity;
536 specifying requirements for such prescreening tests;
537 requiring such facilities to only use certain
538 screening tests; authorizing such facilities to rely
539 on the screening tests to determine if certain
540 confirmation testing is required; providing that urine
541 specimens may not be sent to an out-of-state facility
542 unless the facility complies with certain
543 requirements; authorizing the agency to adopt rules;
544 conforming provisions to changes made by the act;
545 conforming cross-references; amending s. 443.101,
546 F.S.; conforming a cross-reference; providing an
547 effective date.
548
549 WHEREAS, the State of Florida has a profound interest in
550 the health and welfare of its citizens, and
551 WHEREAS, new and emerging drug-testing subversion
552 technologies represent a significant threat to the ability to
553 properly identify those suffering from addiction and drug abuse,
554 and
555 WHEREAS, the Legislature, therefore, seeks to require urine
556 sample validity testing, such that those being tested can be
557 properly and promptly identified for referral to drug treatment
558 programs and other health care services, NOW, THEREFORE,