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November 15, 2011 Page 5 Section [17 3.] 17 -5. Refusals. [Elected] It is the policy of the council that elected officials [m -a3=] shall 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.] 17 -6. 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 laboratory for testing. The request must be made within seventy two hours of the notification of a confirmed positive test result. Upon the elected official's request, the medical review officer shall order testing of the split urine specimen. The elected official must pay for the split sample test at the time of request. If the testing of the split urine specimen fails to confirm the positive test result of the initial drug test, the medical review officer shall render both tests void, the records related to the voided tests shall be expunged, and the cost of the split sample shall be reimbursed. (d) If the primary drug test is positive and the elected official does not request a split urine specimen test as provided in subsection (c), or a positive drug test is confirmed by the split urine specimen test, the elected official shall receive a disciplinary suspension without pay for two consecutive pay periods, be required to be assessed by a drug