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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1045 By: Lawson
AS INTRODUCED
An Act relating to labor; creating rules for
preliminary drug testing results; creat ing rules for
conclusive drug testing results; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 559.1 of Title 40, unless there
is created a duplication in numbering, reads as follows :
A. A drug screen testing facility shall report preliminary
positive test results to an employer's review officer as soon as the
results for the preliminary test become available or the next
working day. The final conclusion of the test shall be reported
within an average of five (5) working days after receipt of the
specimen by the drug screen testing facility. The final conclusion
of the testing (the results of initial tests, confirma tory tests, or
quality control data), shall be reviewed and the test certified as
an accurate report by the responsible individual. The report shall
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identify the drugs and metabolites tested for, whether positive or
negative, and the cutoff for each, the specimen number assigned by
the employer, and the drug screen testin g facility specimen
identification number.
B. The drug screen testing facility shall report as negative
all specimens which are negative on the initial test or negative on
the confirmatory test. Only specimens confirmed positive shall be
reported as positive for a specific drug.
C. The review officer may request from the drug screen testing
facility, and the drug screen testing facility s hall provide,
quantitation of test results. The review officer shall not disclose
quantitation of test results to the employer but shall report only
whether the test was positive or negative.
D. The drug screen testing facility may transmit results to the
review officer by electronic means, including, teleprinters,
facsimile, or computer, in a manner designed to ensure
confidentiality of the information. Results shall not be provided
verbally by telephone. The drug screen testing facility shall
ensure the security of the data transmission and limit acc ess to any
data transmission, storage, and retrieval system.
E. The drug screen testing facility shall send to the review
officer the positive drug test results, which shall be signed by the
individual responsib le for the day-to-day management of the drug
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screen testing facility or the individual responsible for attesting
to the validity of the test reports.
F. All results reported to the employer shall be by the same
source.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5443 TJ 12/12/22