02-26 12:26 H.B. 558
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Local Government Drug Testing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions relating to drug testing by government entities.
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Highlighted Provisions:
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This bill:
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▸ modifies the definition of "sample" to include oral fluid;
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▸ provides that a local government entity or state institution of higher education may
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require that a donor submit a blood, breath, oral fluid, hair, or urine sample for drug
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testing; and
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▸ modifies the requirement that an entity independent of the local governmental entity or
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state institution of higher education collect samples for drug testing by allowing a
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collection method that complies with instructions prepared by an independent entity.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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34-41-101, as last amended by Laws of Utah 2024, Chapter 352
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34-41-103, as repealed and reenacted by Laws of Utah 2024, Chapter 352
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34-41-104, as last amended by Laws of Utah 2024, Chapter 352
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 34-41-101 is amended to read:
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34-41-101 . Definitions.
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As used in this chapter:
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(1) "Donor" means an employee, a volunteer, a prospective employee, or a prospective
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volunteer of a local government entity or a state institution of higher education.
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(2) "Drug" means any substance recognized as a drug in the United States Pharmacopeia,
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the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia,
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including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of
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those compendia.
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(3) "Drug testing" means the scientific analysis for the presence of drugs or their
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metabolites in the human body in accordance with the definitions and terms of this
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chapter.
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(4) "Local governmental employee" means any person or officer in the service of a local
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governmental entity or state institution of higher education for compensation.
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(5)(a) "Local governmental entity" means any political subdivision of Utah including
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any county, municipality, local school district, special district, special service district,
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or any administrative subdivision of those entities.
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(b) "Local governmental entity" does not mean Utah state government or its
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administrative subdivisions provided for in Sections 63A-17-1001 through
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63A-17-1006.
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(6) "Periodic testing" means preselected and preannounced drug testing of employees or
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volunteers conducted on a regular schedule.
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(7) "Prospective employee" means any person who has made a written or oral application to
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become an employee of a local governmental entity or a state institution of higher
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education.
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(8) "Random testing" means the unannounced drug testing of an employee or volunteer
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who was selected for testing by using a method uninfluenced by any personal
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characteristics other than job category.
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(9) "Reasonable suspicion for drug testing" means an articulated belief based on the
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recorded specific facts and reasonable inferences drawn from those facts that a local
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government employee or volunteer is in violation of the drug-free workplace policy.
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(10) "Rehabilitation testing" means unannounced but preselected drug testing done as part
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of a program of counseling, education, and treatment of an employee or volunteer in
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conjunction with the drug-free workplace policy.
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(11) "Safety sensitive position" means any local governmental or state institution of higher
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education position involving duties which directly affects the safety of governmental
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employees, the general public, or positions where there is access to controlled
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substances, as defined in Title 58, Chapter 37, Utah Controlled Substances Act, during
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the course of performing job duties.
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(12) "Sample" means urine, blood, breath, [saliva] oral fluid, or hair.
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(13) "State institution of higher education" means the institution as defined in Section
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53B-3-102.
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(14) "Volunteer" means any person who donates services as authorized by the local
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governmental entity or state institution of higher education without pay or other
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compensation except expenses actually and reasonably incurred.
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Section 2. Section 34-41-103 is amended to read:
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34-41-103 . Policy requirements.
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(1)(a) A local governmental entity or a state institution of higher education may not test
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a donor for the presence of drugs, unless the local government entity or state
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institution of higher education:
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(i) adopts a written policy or ordinance for the testing;
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(ii) distributes the policy or ordinance to employees and volunteers; and
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(iii) makes the policy or ordinance available for review by prospective employees
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and prospective volunteers.
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(b) The local governmental entity or state institution of higher education may only test
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or retest for the presence of drugs in accordance with the policy or ordinance
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described in Subsection (1)(a).
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(2) The local government entity or state institution of higher education:
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(a) shall collect and test samples in accordance with Section 34-41-104; and
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(b) if otherwise permitted by law, is not limited only to collecting or testing in
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circumstances where there are indications of job-related impairment of an employee
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or volunteer.
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(3) The use and disposition of all drug test results are subject to the limitations of Title 63G,
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Chapter 2, Government Records Access and Management Act, and the Americans with
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Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.
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(4) A donor who is subject to testing under a policy or ordinance described in Subsection
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(1)(a) shall:
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(a) submit [an oral] a blood, breath, oral fluid, or hair sample for testing; or
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(b) submit a split urine sample for testing or retesting.
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(5) Unless the policy or ordinance described in Subsection (1)(a) provides otherwise, the
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local governmental entity or state institution of higher education may specify the type of
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sample, described in Subsection (4), that the donor is required to submit.
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(6) A split urine sample shall consist of at least 45 milliliters of urine, divided into two
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specimen bottles with:
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(a) at least 30 milliliters of urine in one bottle, for the initial test; and
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(b) at least 15 milliliters of urine in the other bottle for retesting, if requested under
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Subsection (7).
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(7) If the test results of a [urine or oral] sample test indicate the presence of drugs, the local
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governmental entity or state institution of higher education shall:
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(a) give notice to the donor:
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(i) of the test results; and
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(ii) for a urine test, that the donor may, within 72 hours after the local government
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entity or state institution of higher education provides the notice, request testing of
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the second sample; and
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(b) test the second sample if the donor timely requests testing of the second sample.
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(8) The expense of testing the second urine sample will be equally divided between the
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donor and the local governmental entity or state institution of higher education.
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(9) The test results of the samples shall be considered at any subsequent disciplinary
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hearing if the requirements of this section and Section 34-41-104 are complied with in
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the collection, handling, and testing of the samples.
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Section 3. Section 34-41-104 is amended to read:
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34-41-104 . Requirements for identification, collection, and testing of samples.
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(1) The local governmental entity or state institution of higher education shall ensure that:
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(a) all sample collection under this chapter is performed in accordance with instructions
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prepared by an entity independent of the local government or state institution of
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higher education;
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(b) all testing for drugs under this chapter is performed by an independent laboratory
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certified for employment drug testing by either the Substance Abuse and Mental
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Health Services Administration or the College of American Pathology;
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(c) the instructions, chain of custody forms, and collection kits, including containers and
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seals, used for sample collection are prepared by an independent laboratory certified
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for employment drug testing by either the Substance Abuse and Mental Health
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Services Administration or the College of American Pathology; and
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(d) sample collection and testing for drugs under this chapter is in accordance with the
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requirements of this section.
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(2) The local governmental entity or state institution of higher education may:
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(a) in accordance with a policy or ordinance described in Subsection 34-41-103(1)(a),
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require samples from a donor;
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(b) require presentation of reliable identification to the person collecting the samples; and
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(c) in order to dependably test for the presence of drugs, designate the type of sample to
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be used for testing.
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(3) The local governmental entity or state institution of higher education shall ensure that
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the local governmental entity's or state institution of higher education's ordinance or
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policy requires that:
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(a) the collection of samples is performed under reasonable and sanitary conditions;
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(b) samples are collected and tested:
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(i) to ensure the privacy of the individual being tested; and
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(ii) in a manner reasonably calculated to prevent substitutions or interference with the
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collection or testing of reliable samples;
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(c) sample collection is appropriately documented to ensure that:
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(i) samples are labeled and sealed to reasonably preclude the probability of
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erroneous identification of test results; and
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(ii) a donor has the opportunity to provide notification of any information:
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(A) that a donor considers relevant to the test, including identification of currently
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or recently used prescription or nonprescription drugs or other relevant medical
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information; and
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(B) in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C.
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12101 through 12213;
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(d) sample collection, storage, and transportation to the place of testing are performed in
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a manner that reasonably precludes the probability of sample misidentification,
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contamination, or adulteration; and
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(e) sample testing conforms to scientifically accepted analytical methods and procedures.
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(4) Before the result of any test may be used as a basis for any action by a local
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governmental entity or state institution of higher education under Section 34-41-105, the
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local governmental entity or state institution of higher education shall[ ]:
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(a) verify or confirm any positive initial screening test by gas chromatography, gas
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chromatography-mass spectroscopy, or other comparably reliable analytical methods;
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and
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(b) provide the notice described in Subsection 34-41-103(7), as soon as possible after a
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positive test result, at the last known address or telephone number of the donor.
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(5) [Any drug testing] Except for drug testing of a prospective employee or a prospective
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volunteer, drug testing by a local governmental entity or state institution of higher
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education shall occur during or immediately after the regular work period of the
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employee or volunteer and shall be considered as work time for purposes of
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compensation and benefits.
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(6) The local governmental entity or state institution of higher education shall pay[ ] :
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(a) all costs of sample collection and initial testing for drugs required under the policy or
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ordinance described in Subsection 34-41-103(1)(a)[, ] ; and
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(b) [including the costs of transportation if the testing of an] if the donor is a current
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employee or current volunteer and testing is conducted at a place other than the
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workplace, the costs of transportation to the testing location.
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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