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ENGROSSED HOUSE
BILL NO. 1045 By: Lawson of the House
and
Gollihare of the Senate
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 testing (the results of
initial tests, confirmatory tests, or quality control data), shall
be reviewed and the test certified as an accurate report by the
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 drug
screen testing facility specimen identification number .
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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 m ay 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 testin g facility shall
ensure the security of the data transmission and limit access 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 sig ned by the
individual responsib le for the day-to-day management of the drug
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.
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Passed the House of Representatives the 9th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate