Florida Senate - 2019                              CS for SB 890
       
       
        
       By the Committee on Commerce and Tourism; and Senator Baxley
       
       
       
       
       
       577-03179-19                                           2019890c1
    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 their validity; specifying
    6         requirements for such prescreening tests; requiring
    7         such facilities to only use certain screening tests;
    8         authorizing such facilities to rely on the screening
    9         tests to determine if certain confirmation testing is
   10         required; providing that urine specimens may not be
   11         sent to an out-of-state facility unless the facility
   12         complies with certain requirements; authorizing the
   13         Agency for Health Care Administration to adopt rules;
   14         conforming cross-references; amending s. 440.102,
   15         F.S.; revising definitions; revising required
   16         information in a written policy statement provided to
   17         employees and job applicants before drug testing;
   18         revising the frequency of required followup drug
   19         testing; revising procedures for specimen collection,
   20         testing, and preservation; revising persons who may
   21         take or collect specimens for a drug test; revising
   22         requirements and procedures for retesting specimens;
   23         deleting and revising confidentiality requirements for
   24         employers relating to certain information; revising
   25         circumstances under which an employer may take certain
   26         actions relating to an employee or job applicant on
   27         the sole basis of certain positive test results;
   28         revising standards for chain-of-custody procedures;
   29         revising requirements and authorized actions relating
   30         to confirmation testing; requiring licensed drug
   31         testing facilities to perform prescreening tests on
   32         urine specimens to determine their validity;
   33         specifying requirements for such prescreening tests;
   34         requiring such facilities to only use certain
   35         screening tests; authorizing such facilities to rely
   36         on the screening tests to determine if certain
   37         confirmation testing is required; providing that urine
   38         specimens may not be sent to an out-of-state facility
   39         unless the facility complies with certain
   40         requirements; authorizing the agency to adopt rules;
   41         conforming provisions to changes made by the act;
   42         conforming cross-references; amending s. 443.101,
   43         F.S.; conforming a cross-reference; providing an
   44         effective date.
   45  
   46         WHEREAS, the State of Florida has a profound interest in
   47  the health and welfare of its citizens, and
   48         WHEREAS, new and emerging drug-testing subversion
   49  technologies represent a significant threat to the ability to
   50  properly identify those suffering from addiction and drug abuse,
   51  and
   52         WHEREAS, the Legislature, therefore, seeks to require urine
   53  sample validity testing, such that those being tested can be
   54  properly and promptly identified for referral to drug treatment
   55  programs and other health care services, NOW, THEREFORE,
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Present subsections (13) through (17) of section
   60  112.0455, Florida Statutes, are redesignated as subsections (14)
   61  through (18), respectively, a new subsection (13) is added to
   62  that section, and paragraph (b) of subsection (6) and paragraph
   63  (a) of present subsection (15) are amended, to read:
   64         112.0455 Drug-Free Workplace Act.—
   65         (6) NOTICE TO EMPLOYEES.—
   66         (b) Prior to testing, all employees and job applicants for
   67  employment shall be given a written policy statement from the
   68  employer which contains:
   69         1. A general statement of the employer’s policy on employee
   70  drug use, which shall identify:
   71         a. The types of testing an employee or job applicant may be
   72  required to submit to, including reasonable suspicion or other
   73  basis; and
   74         b. The actions the employer may take against an employee or
   75  job applicant on the basis of a positive confirmed drug test
   76  result.
   77         2. A statement advising the employee or job applicant of
   78  the existence of this section.
   79         3. A general statement concerning confidentiality.
   80         4. Procedures for employees and job applicants to
   81  confidentially report the use of prescription or nonprescription
   82  medications both before and after being tested. Additionally,
   83  employees and job applicants shall receive notice of the most
   84  common medications by brand name or common name, as applicable,
   85  as well as by chemical name, which may alter or affect a drug
   86  test. A list of such medications shall be developed by the
   87  Agency for Health Care Administration.
   88         5. The consequences of refusing to submit to a drug test.
   89         6. Names, addresses, and telephone numbers of employee
   90  assistance programs and local alcohol and drug rehabilitation
   91  programs.
   92         7. A statement that an employee or job applicant who
   93  receives a positive confirmed drug test result may contest or
   94  explain the result to the employer within 5 working days after
   95  written notification of the positive test result. If an employee
   96  or job applicant’s explanation or challenge is unsatisfactory to
   97  the employer, the person may contest the drug test result as
   98  provided by subsections (15) (14) and (16) (15).
   99         8. A statement informing the employee or job applicant of
  100  his or her responsibility to notify the laboratory of any
  101  administrative or civil actions brought pursuant to this
  102  section.
  103         9. A list of all drugs for which the employer will test,
  104  described by brand names or common names, as applicable, as well
  105  as by chemical names.
  106         10. A statement regarding any applicable collective
  107  bargaining agreement or contract and the right to appeal to the
  108  Public Employees Relations Commission.
  109         11. A statement notifying employees and job applicants of
  110  their right to consult the testing laboratory for technical
  111  information regarding prescription and nonprescription
  112  medication.
  113         (13) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
  114  Before a drug testing facility licensed under part II of chapter
  115  408 may perform any drug-screening test on a urine specimen
  116  collected in this state, prescreening tests must be performed to
  117  determine the validity of the specimen. The prescreening tests
  118  must be capable of detecting, or detecting and defeating, novel
  119  or emerging urine drug testing subversion technologies as
  120  described in this subsection.
  121         (a)The drug-testing facility shall use urine sample
  122  validity screening tests that meet all of the following
  123  criteria:
  124         1.A urine sample validity screening test for creatinine
  125  must use a 20 mg/dL cutoff concentration and must have minimal
  126  interferences from bilirubin and blood in the urine. The urine
  127  sample validity screening test must be able to discriminate
  128  between a creatinine level from an unadulterated urine sample
  129  and a creatinine level arising from overhydration or creatine or
  130  protein loading.
  131         2.A urine sample validity screening test for oxidants must
  132  be able to detect the presence or effects of oxidant adulterants
  133  up to 6 days after sample collection, under the sample storage
  134  conditions outlined in the laboratory standards guideline
  135  adopted by rule by the Agency for Health Care Administration,
  136  and after any sample transport that is routinely involved.
  137         3.Urine sample validity screening tests must be able to
  138  detect synthetic or freeze-dried urine substituted for the
  139  donor’s urine for drug testing.
  140         4.Urine sample validity screening tests must be validated
  141  for the detection of all of the additional adulterant classes
  142  represented by glutaraldehyde, salt, heavy metals, cationic
  143  detergents, protease, strong alkaline buffers, and strong acidic
  144  buffers. The detection limits of these classes must be at a
  145  sufficient level to detect a nonphysiologic sample or
  146  interference with enzyme immunoassay drug screening tests.
  147         (b)The drug-testing facility may only use urine sample
  148  validity screening tests that have undergone validation studies
  149  conducted by the manufacturer to document the product’s
  150  conformance to the requirements of this subsection.
  151         (c)A drug-testing facility may rely on urine sample
  152  validity screening tests to determine if confirmation testing is
  153  required for any urine sample that has been deemed invalid for
  154  drug screening.
  155         (d)Urine specimens collected in this state may not be sent
  156  for drug screening tests to a drug-testing facility located
  157  outside of this state unless such drug testing facility complies
  158  with all requirements of this subsection.
  159         (e)The Agency for Health Care Administration shall adopt
  160  rules necessary for the implementation and enforcement of this
  161  subsection.
  162         (16)(15) NONDISCIPLINE REMEDIES.—
  163         (a) Any person alleging a violation of the provisions of
  164  this section, who that is not remediable by the commission or an
  165  arbitrator pursuant to subsection (15) (14), must institute a
  166  civil action for injunctive relief or damages, or both, in a
  167  court of competent jurisdiction within 180 days of the alleged
  168  violation, or be barred from obtaining the following relief.
  169  Relief is limited to:
  170         1. An order restraining the continued violation of this
  171  section.
  172         2. An award of the costs of litigation, expert witness
  173  fees, reasonable attorney’s fees, and noneconomic damages
  174  provided that damages shall be limited to the recovery of
  175  damages directly resulting from injury or loss caused by each
  176  violation of this section.
  177         Section 2. Present subsections (9) through (15) of section
  178  440.102, Florida Statutes, are redesignated as subsections (10)
  179  through (16), respectively, a new subsection (9) is added to
  180  that section, and paragraphs (c), (e), and (q) of subsection
  181  (1), paragraph (a) of subsection (3), paragraph (a) of
  182  subsection (4), paragraphs (b) through (h), (j), (k), and (l) of
  183  subsection (5), subsection (6), paragraph (a) of subsection (7),
  184  and paragraphs (b) and (c) of present subsection (9) of that
  185  section are amended, to read:
  186         440.102 Drug-free workplace program requirements.—The
  187  following provisions apply to a drug-free workplace program
  188  implemented pursuant to law or to rules adopted by the Agency
  189  for Health Care Administration:
  190         (1) DEFINITIONS.—Except where the context otherwise
  191  requires, as used in this act:
  192         (c) “Drug” means any form of alcohol, as defined in s.
  193  322.01(2), including a distilled spirit, wine, a malt beverage,
  194  or an intoxicating preparation; any controlled substance
  195  identified under Schedule I, Schedule II, Schedule III, Schedule
  196  IV, or Schedule V of s. 893.03; any controlled substance
  197  identified under Schedule I, Schedule II, Schedule III, Schedule
  198  IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
  199  812(c); liquor; an amphetamine; a cannabinoid; cocaine;
  200  phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a
  201  barbiturate; a benzodiazepine; a synthetic narcotic; a designer
  202  drug; or a metabolite of any of the substances listed in this
  203  paragraph. An employer may test an individual for any or all of
  204  such drugs.
  205         (e) “Drug test” or “test” means any chemical, biological,
  206  or physical instrumental analysis administered, by a laboratory
  207  certified by the United States Department of Health and Human
  208  Services or licensed by the Agency for Health Care
  209  Administration, for the purpose of determining the presence or
  210  absence of a drug or its metabolites. In the case of testing for
  211  the presence of alcohol, the test must be conducted in
  212  accordance with the United States Department of Transportation
  213  alcohol testing procedures authorized under 49 C.F.R. part 40,
  214  subparts J through M.
  215         (q) “Specimen” means tissue, hair, or a product of the
  216  human body capable of revealing the presence of drugs or their
  217  metabolites, as approved by the United States Food and Drug
  218  Administration, or the Agency for Health Care Administration,
  219  the United States Department of Health and Human Services, or
  220  the United States Department of Transportation.
  221         (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.—
  222         (a) One time only, before prior to testing, an employer
  223  shall give all employees and job applicants for employment a
  224  written policy statement that which contains:
  225         1. A general statement of the employer’s policy on employee
  226  drug use, which must identify:
  227         a. The types of drug testing an employee or job applicant
  228  may be required to submit to, including reasonable-suspicion
  229  drug testing or drug testing conducted on any other basis.
  230         b. The actions the employer may take against an employee or
  231  job applicant on the basis of a positive confirmed drug test
  232  result.
  233         2. A statement advising the employee or job applicant of
  234  the existence of this section.
  235         3. A general statement concerning confidentiality.
  236         4. Procedures for employees and job applicants to
  237  confidentially report to a medical review officer the use of
  238  prescription or nonprescription medications to a medical review
  239  officer both before and after being tested.
  240         5. A list of the most common medications, by brand name or
  241  common name, as applicable, as well as by chemical name, which
  242  may alter or affect a drug test. A list of such medications as
  243  developed by the Agency for Health Care Administration shall be
  244  available to employers through the department.
  245         6. The consequences of refusing to submit to a drug test.
  246         7. A representative sampling of names, addresses, and
  247  telephone numbers of employee assistance programs and local drug
  248  rehabilitation programs.
  249         8. A statement that an employee or job applicant who
  250  receives a positive confirmed test result may contest or explain
  251  the result to the medical review officer within 5 working days
  252  after receiving written notification of the test result; that if
  253  an employee’s or job applicant’s explanation or challenge is
  254  unsatisfactory to the medical review officer, the medical review
  255  officer shall report a positive test result back to the
  256  employer; and that a person may contest the drug test result
  257  pursuant to law or to rules adopted by the Agency for Health
  258  Care Administration.
  259         9. A statement informing the employee or job applicant of
  260  his or her responsibility to notify the laboratory of any
  261  administrative or civil action brought pursuant to this section.
  262         10. A list of all drugs for which the employer will test,
  263  described by brand name or common name, as applicable, as well
  264  as by chemical name.
  265         11. A statement regarding any applicable collective
  266  bargaining agreement or contract and the right to appeal to the
  267  Public Employees Relations Commission or applicable court.
  268         12. A statement notifying employees and job applicants of
  269  their right to consult with a medical review officer for
  270  technical information regarding prescription or nonprescription
  271  medication.
  272         (4) TYPES OF TESTING.—
  273         (a) An employer is required to conduct the following types
  274  of drug tests:
  275         1. Job applicant drug testing.—An employer must require job
  276  applicants to submit to a drug test and may use a refusal to
  277  submit to a drug test or a positive confirmed drug test as a
  278  basis for refusing to hire a job applicant.
  279         2. Reasonable-suspicion drug testing.—An employer must
  280  require an employee to submit to reasonable-suspicion drug
  281  testing.
  282         3. Routine fitness-for-duty drug testing.—An employer must
  283  require an employee to submit to a drug test if the test is
  284  conducted as part of a routinely scheduled employee fitness-for
  285  duty medical examination that is part of the employer’s
  286  established policy or that is scheduled routinely for all
  287  members of an employment classification or group.
  288         4. Followup drug testing.—If the employee in the course of
  289  employment enters an employee assistance program for drug
  290  related problems, or a drug rehabilitation program, the employer
  291  must require the employee to submit to a drug test as a followup
  292  to such program, unless the employee voluntarily entered the
  293  program. In those cases, the employer has the option to not
  294  require followup testing. If followup testing is required, it
  295  must be conducted at least 6 times in the first year, and may be
  296  conducted twice for 1 additional year once a year for a 2-year
  297  period after completion of the program. Advance notice of a
  298  followup testing date must not be given to the employee to be
  299  tested.
  300         (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
  301  collection and testing for drugs under this section shall be
  302  performed in accordance with the following procedures:
  303         (b) Specimen collection must be documented, and the
  304  documentation procedures shall include the:
  305         1. labeling of specimen containers so as to reasonably
  306  preclude the likelihood of erroneous identification of test
  307  results. For saliva or breath alcohol testing, a specimen
  308  container is not required if the specimen is not being
  309  transported to a laboratory for analysis
  310         2.A form for the employee or job applicant to provide any
  311  information he or she considers relevant to the test, including
  312  identification of currently or recently used prescription or
  313  nonprescription medication or other relevant medical
  314  information. The form must provide notice of the most common
  315  medications by brand name or common name, as applicable, as well
  316  as by chemical name, which may alter or affect a drug test. The
  317  providing of information shall not preclude the administration
  318  of the drug test, but shall be taken into account in
  319  interpreting any positive confirmed test result.
  320         (c) Specimen collection, storage, and transportation to a
  321  laboratory the testing site shall be performed in a manner that
  322  reasonably precludes contamination or adulteration of specimens.
  323         (d) Each confirmation test conducted under this section,
  324  not including the taking or collecting of a specimen to be
  325  tested, shall be conducted by a licensed or certified laboratory
  326  as described in subsection (10) (9).
  327         (e) A specimen for a drug test may be taken or collected by
  328  any person who meets the qualification standards for urine or
  329  oral fluid specimen collection as specified by the United States
  330  Department of Health and Human Services or the United States
  331  Department of Transportation. For alcohol testing, a person must
  332  meet the United States Department of Transportation standards
  333  for a screening test technician or a breath alcohol technician.
  334  A hair specimen may be collected and packaged by a person who
  335  has been trained and certified by a drug-testing laboratory. A
  336  person who directly supervises an employee subject to testing
  337  may not serve as the specimen collector for that employee unless
  338  there is no other qualified specimen collector available of the
  339  following persons:
  340         1.A physician, a physician assistant, a registered
  341  professional nurse, a licensed practical nurse, or a nurse
  342  practitioner or a certified paramedic who is present at the
  343  scene of an accident for the purpose of rendering emergency
  344  medical service or treatment.
  345         2.A qualified person employed by a licensed or certified
  346  laboratory as described in subsection (9).
  347         (f) A person who collects or takes a specimen for a drug
  348  test shall collect an amount sufficient for two independent drug
  349  tests, one to screen the specimen and one for confirmation of
  350  the screening test results, at a laboratory as determined by the
  351  Agency for Health Care Administration.
  352         (g) Every specimen that produces a positive, confirmed test
  353  result shall be preserved by the licensed or certified
  354  laboratory that conducted the confirmation test for a period of
  355  at least 1 year after the confirmation test was conducted 210
  356  days after the result of the test was mailed or otherwise
  357  delivered to the medical review officer. However, if an employee
  358  or job applicant undertakes an administrative or legal challenge
  359  to the test result, the employee or job applicant shall notify
  360  the laboratory and the sample shall be retained by the
  361  laboratory until the case or administrative appeal is settled.
  362  During the 60-day 180-day period after written notification of a
  363  positive test result, the employee or job applicant who has
  364  provided the specimen shall be permitted by the employer to have
  365  a portion of the specimen retested, at the employee’s or job
  366  applicant’s expense, at another laboratory, licensed and
  367  approved by the Agency for Health Care Administration, chosen by
  368  the employee or job applicant. The second laboratory must test
  369  the specimen at the limit of detection for the drug or analyte
  370  confirmed by the original at equal or greater sensitivity for
  371  the drug in question as the first laboratory. If the drug or
  372  analyte is detected by the second laboratory, the result shall
  373  be reported as reconfirmed positive. The first laboratory that
  374  performed the test for the employer is responsible for the
  375  transfer of the portion of the specimen to be retested, and for
  376  the integrity of the chain of custody during such transfer.
  377         (h) Within 5 working days after receipt of a positive
  378  verified confirmed test result from the medical review officer,
  379  an employer shall inform an employee or job applicant in writing
  380  of such positive test result, the consequences of such results,
  381  and the options available to the employee or job applicant. The
  382  employer shall provide to the employee or job applicant, upon
  383  request, a copy of the test results.
  384         (j) The employee’s or job applicant’s explanation or
  385  challenge of the positive test result is unsatisfactory to the
  386  employer, a written explanation as to why the employee’s or job
  387  applicant’s explanation is unsatisfactory, along with the report
  388  of positive result, shall be provided by the employer to the
  389  employee or job applicant; and All such documentation of a
  390  positive test shall be kept confidential by the employer
  391  pursuant to subsection (8) and shall be retained by the employer
  392  for at least 1 year.
  393         (k) An employer may not discharge, discipline, refuse to
  394  hire, discriminate against, or request or require rehabilitation
  395  of an employee or job applicant on the sole basis of a positive
  396  test result that has not been reviewed and verified by a
  397  confirmation test and by a medical review officer, except when a
  398  confirmed positive breath alcohol test was conducted in
  399  accordance with United States Department of Transportation
  400  alcohol testing procedures.
  401         (l) An employer that performs drug testing or specimen
  402  collection shall use chain-of-custody procedures established by
  403  the Agency for Health Care Administration, the United States
  404  Department of Health and Human Services, or the United States
  405  Department of Transportation to ensure proper recordkeeping,
  406  handling, labeling, and identification of all specimens tested.
  407         (6) CONFIRMATION TESTING.—
  408         (a) If an initial drug test is negative, the employer may
  409  in its sole discretion seek a confirmation test.
  410         (b)Only licensed or certified laboratories as described in
  411  subsection (9) may conduct confirmation drug tests.
  412         (c) All laboratory positive initial tests on a urine, oral
  413  fluid, blood, or hair specimen shall be confirmed using gas
  414  chromatography/mass spectrometry (GC/MS) or an equivalent or
  415  more accurate scientifically accepted method approved by the
  416  United States Department of Health and Human Services or the
  417  United States Department of Transportation Agency for Health
  418  Care Administration or the United States Food and Drug
  419  Administration as such technology becomes available in a cost
  420  effective form.
  421         (b)(d) If a an initial drug test of an employee or job
  422  applicant is confirmed by the laboratory as positive, the
  423  employer’s medical review officer shall provide technical
  424  assistance to the employer and to the employee or job applicant
  425  for the purpose of interpreting the test result to determine
  426  whether the result could have been caused by prescription or
  427  nonprescription medication taken by the employee or job
  428  applicant.
  429         (c)For a breath alcohol test, an initial positive result
  430  shall be confirmed by a second breath specimen taken and tested
  431  using an evidential breath testing device listed on the
  432  conforming products list issued by the National Highway Traffic
  433  Safety Administration and conducted in accordance with United
  434  States Department of Transportation alcohol testing procedures
  435  authorized under 49 C.F.R. part 40, subparts J through M.
  436         (7) EMPLOYER PROTECTION.—
  437         (a) An employee or job applicant whose drug test result is
  438  confirmed or verified as positive in accordance with this
  439  section shall not, by virtue of the result alone, be deemed to
  440  have a “handicap” or “disability” as defined under federal,
  441  state, or local handicap and disability discrimination laws.
  442         (9) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
  443  Before a drug-testing facility licensed under part II of chapter
  444  408 may perform any drug screening test on a urine specimen
  445  collected in this state, prescreening tests must be performed to
  446  determine the validity of the specimen. The prescreening tests
  447  must be capable of detecting, or detecting and defeating, novel
  448  or emerging urine drug-testing subversion technologies as
  449  described in this subsection.
  450         (a)The drug-testing facility shall use urine sample
  451  validity screening tests that meet all of the following
  452  criteria:
  453         1.A urine sample validity screening test for creatinine
  454  must use a 20 mg/dL cutoff concentration and must have minimal
  455  interferences from bilirubin and blood in the urine. The urine
  456  sample validity screening test must be able to discriminate
  457  between a creatinine level from an unadulterated urine sample
  458  and a creatinine level arising from overhydration or creatine or
  459  protein loading.
  460         2.A urine sample validity screening test for oxidants must
  461  be able to detect the presence or effects of oxidant adulterants
  462  up to 6 days after sample collection, under the sample storage
  463  conditions outlined in the laboratory standards guideline
  464  adopted by rule by the Agency for Health Care Administration,
  465  and after any sample transport that is routinely involved.
  466         3.Urine sample validity screening tests must be able to
  467  detect synthetic or freeze-dried urine substituted for the
  468  donor’s urine for drug testing.
  469         4.Urine sample validity screening tests must be validated
  470  for the detection of all of the additional adulterant classes
  471  represented by glutaraldehyde, salt, heavy metals, cationic
  472  detergents, protease, strong alkaline buffers, and strong acidic
  473  buffers. The detection limits of these classes must be at a
  474  sufficient level to detect a nonphysiologic sample or
  475  interference with enzyme immunoassay drug-screening tests.
  476         (b)The drug-testing facility may only use urine sample
  477  validity screening tests that have undergone validation studies
  478  conducted by the manufacturer to document the product’s
  479  conformance to the requirements of this subsection.
  480         (c)A drug-testing facility may rely on urine sample
  481  validity screening tests to determine if confirmation testing is
  482  required for any urine sample that has been deemed invalid for
  483  drug screening.
  484         (d)Urine specimens collected in this state may not be sent
  485  for drug-screening tests to a drug-testing facility located
  486  outside of this state unless such drug testing facility complies
  487  with all requirements of this subsection.
  488         (e)The Agency for Health Care Administration shall adopt
  489  rules necessary for the implementation and enforcement of this
  490  subsection.
  491         (10)(9) DRUG-TESTING STANDARDS FOR LABORATORIES.—
  492         (b) A laboratory may analyze initial or confirmation test
  493  specimens only if:
  494         1. The laboratory obtains a license under part II of
  495  chapter 408 and s. 112.0455(18) s. 112.0455(17). Each applicant
  496  for licensure and each licensee must comply with all
  497  requirements of this section, part II of chapter 408, and
  498  applicable rules.
  499         2. The laboratory has written procedures to ensure the
  500  chain of custody.
  501         3. The laboratory follows proper quality control
  502  procedures, including, but not limited to:
  503         a. The use of internal quality controls, including the use
  504  of samples of known concentrations which are used to check the
  505  performance and calibration of testing equipment, and periodic
  506  use of blind samples for overall accuracy.
  507         b. An internal review and certification process for drug
  508  test results, conducted by a person qualified to perform that
  509  function in the testing laboratory.
  510         c. Security measures implemented by the testing laboratory
  511  to preclude adulteration of specimens and drug test results.
  512         d. Other necessary and proper actions taken to ensure
  513  reliable and accurate drug test results.
  514         (c) A laboratory shall disclose to the medical review
  515  officer a written positive confirmed test result report within 7
  516  working days after receipt of the sample. All laboratory reports
  517  of a drug test result must, at a minimum, state:
  518         1. The name and address of the laboratory that performed
  519  the test and the positive identification of the person tested.
  520         2. Positive results on confirmation tests only, or negative
  521  results, as applicable.
  522         3. A list of the drugs for which the drug analyses were
  523  conducted.
  524         4. The type of tests conducted for both initial tests and
  525  confirmation tests and the minimum cutoff levels of the tests.
  526         5.Any correlation between medication reported by the
  527  employee or job applicant pursuant to subparagraph (5)(b)2. and
  528  a positive confirmed drug test result.
  529  
  530  A report must not disclose the presence or absence of any drug
  531  other than a specific drug and its metabolites listed pursuant
  532  to this section.
  533         Section 3. Paragraph (b) of subsection (11) of section
  534  443.101, Florida Statutes, is amended to read:
  535         443.101 Disqualification for benefits.—An individual shall
  536  be disqualified for benefits:
  537         (11) If an individual is discharged from employment for
  538  drug use as evidenced by a positive, confirmed drug test as
  539  provided in paragraph (1)(d), or is rejected for offered
  540  employment because of a positive, confirmed drug test as
  541  provided in paragraph (2)(c), test results and chain of custody
  542  documentation provided to the employer by a licensed and
  543  approved drug-testing laboratory is self-authenticating and
  544  admissible in reemployment assistance hearings, and such
  545  evidence creates a rebuttable presumption that the individual
  546  used, or was using, controlled substances, subject to the
  547  following conditions:
  548         (b) Only laboratories licensed and approved as provided in
  549  s. 440.102(10) s. 440.102(9), or as provided by equivalent or
  550  more stringent licensing requirements established by federal law
  551  or regulation may perform the drug tests.
  552         Section 4. This act shall take effect July 1, 2019.