Substance Abuse Testing

Provides for the use of substance abuse on-site screening tests
(i.e., portable substance abuse tests) that meet the requirements
of the United States Food and Drug Administration for commercial
distribution.  (HB848 HD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 329B-2, Hawaii Revised Statutes, is
 2 amended as follows:
 3      1.  By adding a new definition to be appropriately inserted
 4 and to read:
 5      ""Substance abuse on-site screening test" means a portable
 6 substance abuse test that meets the requirements of the United
 7 States Food and Drug Administration for commercial distribution."
 8      2.  By amending the definition of "substance abuse test" to
 9 read:
10      ""Substance abuse test" means any testing procedure designed
11 to take and analyze body fluids or materials from the body for
12 the purpose of measuring the amount of drugs, alcohol, or the
13 metabolites of drugs in the sample tested.  The term includes any
14 substance abuse on-site screening test designed to take and
15 analyze body fluids or materials from the body for the purpose of
16 detecting the presence of drugs, alcohol, or the metabolites of
17 drugs in the sample tested."
18      SECTION 2.  Chapter 329B-2.5 is amended to read as follows:
19      "[[]329B-2.5[]]  Exemptions.  This chapter does not apply
20 to:

Page 2                                                     848
                                     H.B. NO.           H.D. 2

 1      (1)  Toxicology tests used in the direct clinical management
 2           of patients;
 3      (2)  Tests for alcohol under chapter 286 or chapter 291;
 4      (3)  Tests made pursuant to subpart C of the Mandatory
 5           Guidelines for Federal Workplace Drug Testing Programs
 6           (53 Federal Register 11986); [and]
 7      (4)  Substance abuse testing of individuals under the
 8           supervision or custody of the judiciary, the department
 9           of public safety, the Hawaii paroling authority, and
10           the office of youth services.  However, these state
11           governmental entities shall establish chain of custody
12           procedures which require that all specimens be sealed
13           and coded in the presence of the individual being
14           tested and that the individual shall sign an approved
15           form acknowledging that the specimen has been sealed
16           and coded in the individual's presence.  The procedure
17           shall include a tracking form documenting the handling
18           and storage of the specimen from collection to final
19           disposition of the specimen.  The individual also shall
20           be afforded the option of a confirmatory test by a
21           licensed, certified laboratory.  The cost of the
22           confirmatory test shall be paid for by the State;
23           provided that in those instances where a positive test

Page 3                                                     848
                                     H.B. NO.           H.D. 2

 1           result is confirmed, the individual shall be charged
 2           with the cost of the confirmation test.  Test results
 3           shall not require review by a medical review officer.
 4           Positive test results of substance abuse testing and
 5           the availability of a confirmatory test shall be
 6           provided to the individual in writing.  A positive test
 7           result from a substance abuse test that fails to meet
 8           the requirements of this section shall not be reported
 9           or recorded[.]; and
10      (5)  Use of on-site substance abuse screening tests approved
11           by the United States Food and Drug Administration for
12           commercial distribution and used only for pre-
13           employment drug screening.  However, any employer who
14           administers a substance abuse on-site screening test
15           and obtains a test result that indicates the presence
16           of drugs, alcohol, or metabolites of drugs, and if the
17           test result may be used to deny a person employment,
18           then the same sample that produced the test result
19           shall be submitted for a confirmatory test to a testing
20           laboratory licensed by the department in accordance
21           with this chapter.  A positive confirmatory test shall
22           be reviewed by a medical review officer licensed by the
23           department in accordance with this chapter."

Page 4                                                     848
                                     H.B. NO.           H.D. 2

 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect upon its approval.