BIL 134 Draft 01 2010-2012 - Laserfiche WebLink

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Section 17-2. Definitions. As used in this article: "Drug" means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, and the Federal Drug Administration. "Drug test" means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the State department of health Rules on Substance Abuse Testing. "Elected official" means a person duly elected by voters in the county to serve as a council member, the mayor, or the prosecuting attorney. "Medical review officer" means a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results and evaluating medical explanations for certain drug test results. Section 17-2. Drug Testing. Once a year, the human resource director shall administer a drug test for each elected official at a random time within the calendar year. The cost of the drug test shall be paid by the elected official. Section 17-3. Refusals. Elected officials may not refuse the administration of the required annual drug test by any method, including: (1) Refusal to take a test either by statement or actions; (2) Refusal to sign appropriate forms as required; (3) Failure to report for a scheduled appointment to provide a specimen; (4) Failure to report to the collections site in the time allotted; (5) Tampering with our attempting to adulterate the specimen or collection procedure; (6) Failure to cooperate or comply with the collection site person, substance abuse professional, or medical review officer; and (7) Failure to provide adequate specimen within a reasonable time period without a valid medical explanation. Section 17-4. Test Results. (a) Upon a positive test result, the elected official shall be notified by a licensed medical review officer of the state. The medical review officer shall meet with the elected official to determine if there is a legitimate cause for the positive test result. A legitimate cause includes that the elected official obtained the drug pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs and that elected official injected, ingested, or inhaled the drug in accordance with the health professional's directions, providing the prescription was obtained prior to the administering of the drug test. (b) The director of human resources shall notify the elected official of the medical review officer's findings. (c) If a positive test result is confirmed by the medical review officer, an elected official may request that a split urine specimen be sent to a different 2