An Act
ENROLLED 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.
SUBJECT: Labor
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 employer’s review officer, or a designee of the
employer’s review of ficer, 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
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 test. Only specimens confirmed positive shall
be reported as positive for a specific drug.
ENR. H. B. NO. 1045 Page 2
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 quantita tion
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
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.
ENR. H. B. NO. 1045 Page 3
Passed the House of Representatives the 15th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 17th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of t he Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________