California 2023 2023-2024 Regular Session

California Assembly Bill AB1524 Amended / Bill

Filed 08/20/2024

                    Amended IN  Senate  August 20, 2024 Amended IN  Senate  September 01, 2023 Amended IN  Senate  June 19, 2023 Amended IN  Assembly  April 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1524Introduced by Assembly Member Lowenthal(Coauthors: Assembly Members Schiavo and Ta)February 17, 2023An act to add Section 66027.3 to the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 1524, as amended, Lowenthal. Postsecondary education: on-campus access to drug testing devices.Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state.This bill would require the California State University and community college districts to stock an adequate supply of drug testing devices, as defined, available and accessible, free-of-charge, at no fewer than one designated and accessible location in the health center located on each campus and post a notice on these requirements in a prominent and conspicuous location in all restrooms, location, as specified. The bill would encourage the University of California, independent institutions of higher education, and private postsecondary educational institutions to implement these provisions. By imposing new duties on community college districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 66027.3 is added to the Education Code, to read:66027.3. (a) For purposes of this section, the following definitions apply:(1) Controlled substances includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.(2) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(b) (1) The California State University and each community college district shall stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(2)(A)A locations accessibility shall be determined by considering all of, but not limited to, the following factors:(i)Hours of operation, relative to hours that students are on campus.(ii)Proximity to high-traffic areas on campus.(iii)Accessibility by students of all genders and regardless of physical ability.(iv)Privacy, including whether accessing drug testing devices would require interaction with campus staff or other students.(v)Safety.(B)A location described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms. (3)(2) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to this subdivision.(B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d).(3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

 Amended IN  Senate  August 20, 2024 Amended IN  Senate  September 01, 2023 Amended IN  Senate  June 19, 2023 Amended IN  Assembly  April 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1524Introduced by Assembly Member Lowenthal(Coauthors: Assembly Members Schiavo and Ta)February 17, 2023An act to add Section 66027.3 to the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 1524, as amended, Lowenthal. Postsecondary education: on-campus access to drug testing devices.Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state.This bill would require the California State University and community college districts to stock an adequate supply of drug testing devices, as defined, available and accessible, free-of-charge, at no fewer than one designated and accessible location in the health center located on each campus and post a notice on these requirements in a prominent and conspicuous location in all restrooms, location, as specified. The bill would encourage the University of California, independent institutions of higher education, and private postsecondary educational institutions to implement these provisions. By imposing new duties on community college districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Senate  August 20, 2024 Amended IN  Senate  September 01, 2023 Amended IN  Senate  June 19, 2023 Amended IN  Assembly  April 13, 2023

Amended IN  Senate  August 20, 2024
Amended IN  Senate  September 01, 2023
Amended IN  Senate  June 19, 2023
Amended IN  Assembly  April 13, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1524

Introduced by Assembly Member Lowenthal(Coauthors: Assembly Members Schiavo and Ta)February 17, 2023

Introduced by Assembly Member Lowenthal(Coauthors: Assembly Members Schiavo and Ta)
February 17, 2023

An act to add Section 66027.3 to the Education Code, relating to postsecondary education. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1524, as amended, Lowenthal. Postsecondary education: on-campus access to drug testing devices.

Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state.This bill would require the California State University and community college districts to stock an adequate supply of drug testing devices, as defined, available and accessible, free-of-charge, at no fewer than one designated and accessible location in the health center located on each campus and post a notice on these requirements in a prominent and conspicuous location in all restrooms, location, as specified. The bill would encourage the University of California, independent institutions of higher education, and private postsecondary educational institutions to implement these provisions. By imposing new duties on community college districts, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state.

This bill would require the California State University and community college districts to stock an adequate supply of drug testing devices, as defined, available and accessible, free-of-charge, at no fewer than one designated and accessible location in the health center located on each campus and post a notice on these requirements in a prominent and conspicuous location in all restrooms, location, as specified. The bill would encourage the University of California, independent institutions of higher education, and private postsecondary educational institutions to implement these provisions. By imposing new duties on community college districts, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 66027.3 is added to the Education Code, to read:66027.3. (a) For purposes of this section, the following definitions apply:(1) Controlled substances includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.(2) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(b) (1) The California State University and each community college district shall stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(2)(A)A locations accessibility shall be determined by considering all of, but not limited to, the following factors:(i)Hours of operation, relative to hours that students are on campus.(ii)Proximity to high-traffic areas on campus.(iii)Accessibility by students of all genders and regardless of physical ability.(iv)Privacy, including whether accessing drug testing devices would require interaction with campus staff or other students.(v)Safety.(B)A location described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms. (3)(2) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to this subdivision.(B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d).(3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 66027.3 is added to the Education Code, to read:66027.3. (a) For purposes of this section, the following definitions apply:(1) Controlled substances includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.(2) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(b) (1) The California State University and each community college district shall stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(2)(A)A locations accessibility shall be determined by considering all of, but not limited to, the following factors:(i)Hours of operation, relative to hours that students are on campus.(ii)Proximity to high-traffic areas on campus.(iii)Accessibility by students of all genders and regardless of physical ability.(iv)Privacy, including whether accessing drug testing devices would require interaction with campus staff or other students.(v)Safety.(B)A location described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms. (3)(2) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to this subdivision.(B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d).(3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices.

SECTION 1. Section 66027.3 is added to the Education Code, to read:

### SECTION 1.

66027.3. (a) For purposes of this section, the following definitions apply:(1) Controlled substances includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.(2) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(b) (1) The California State University and each community college district shall stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(2)(A)A locations accessibility shall be determined by considering all of, but not limited to, the following factors:(i)Hours of operation, relative to hours that students are on campus.(ii)Proximity to high-traffic areas on campus.(iii)Accessibility by students of all genders and regardless of physical ability.(iv)Privacy, including whether accessing drug testing devices would require interaction with campus staff or other students.(v)Safety.(B)A location described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms. (3)(2) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to this subdivision.(B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d).(3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices.

66027.3. (a) For purposes of this section, the following definitions apply:(1) Controlled substances includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.(2) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(b) (1) The California State University and each community college district shall stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(2)(A)A locations accessibility shall be determined by considering all of, but not limited to, the following factors:(i)Hours of operation, relative to hours that students are on campus.(ii)Proximity to high-traffic areas on campus.(iii)Accessibility by students of all genders and regardless of physical ability.(iv)Privacy, including whether accessing drug testing devices would require interaction with campus staff or other students.(v)Safety.(B)A location described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms. (3)(2) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to this subdivision.(B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d).(3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices.

66027.3. (a) For purposes of this section, the following definitions apply:(1) Controlled substances includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.(2) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.(b) (1) The California State University and each community college district shall stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(2)(A)A locations accessibility shall be determined by considering all of, but not limited to, the following factors:(i)Hours of operation, relative to hours that students are on campus.(ii)Proximity to high-traffic areas on campus.(iii)Accessibility by students of all genders and regardless of physical ability.(iv)Privacy, including whether accessing drug testing devices would require interaction with campus staff or other students.(v)Safety.(B)A location described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms. (3)(2) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to this subdivision.(B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.(e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.(2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d).(3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.(f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices.



66027.3. (a) For purposes of this section, the following definitions apply:

(1) Controlled substances includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate.

(2) Drug testing devices means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink.

(b) (1) The California State University and each community college district shall stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.

(2)(A)A locations accessibility shall be determined by considering all of, but not limited to, the following factors:



(i)Hours of operation, relative to hours that students are on campus.



(ii)Proximity to high-traffic areas on campus.



(iii)Accessibility by students of all genders and regardless of physical ability.



(iv)Privacy, including whether accessing drug testing devices would require interaction with campus staff or other students.



(v)Safety.



(B)A location described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms.



(3)



(2) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to this subdivision.

(B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.

(c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.

(d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of drug testing devices, available and accessible, free of cost, at no fewer than one designated and accessible location on each campus. cost, in the health center located on each campus.

(e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location in all restrooms. location. This location may include, but shall not be limited to, on each campus health centers internet website or in new student orientation materials.

(2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d).

(3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer.

(f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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