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SENATE FLOOR VERSION
April 10, 2023
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1045 By: Lawson of the House
and
Gollihare of the Senate
An Act relating to labor; creating rules for single-
use test results; creating rules for conclusive drug
testing results; providing for codificat ion; 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 testing facility shall report single-use test results that
meet the standard to be sent to the l aboratory for confirmation
testing to an employ er’s review officer, or a designee of the
employer’s review officer, as soon as the results for the single-use
test become available or the next working day. The final conclusion
of the testing, which shall i nclude the results of the single -use
tests, confirmatory tests, or quality control data, shall be
reviewed and the test certified as an accurate report by the
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responsible individual. The report shall 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
testing facility specimen identification number.
B. The drug screen testing facility shall report as negative
all specimens which are negative on the single-use test or negative
on the confirmatory tes t. Only specimens confirmed positive shall
be reported as positive for a specific drug.
C. The review officer may request from the certified
laboratory, and the certified laboratory shall provide, quantitation
of test results. The review officer shall not disclose quantitation
of test results to the employer but shall report only whether t he
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 test ing facility shall
ensure the security of the data transmission and limit access to any
data transmission, storage, and retrieval system.
E. The certified laboratory shall send to the review officer
the positive drug test results, which shall be sig ned by the
individual responsib le for the day-to-day management of the
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certified laboratory or the individual responsible for attesting to
the validity of the test reports.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
April 10, 2023 - DO PASS AS AMENDED BY CS