31-11-60.2. Testing for illegal drug usage; requirements.

All persons licensed or certified based upon successful completion of training set forth in paragraph (1) of subsection (e) of Code Section 31-11-51 or paragraph (1) of subsection (c) of Code Section 31-11-52 shall be subject to random testing for evidence of use of illegal drugs. Such testing shall occur at least biannually for the first two years of licensure or certification. Such testing shall be noninvasive and may be conducted at any time during the calendar year, and the cost of all such testing shall be borne by the employer. If the drug test shows the presence of drugs in the employee’s system, the results of the test will be confirmed with an alternative method by using the same urine sample.#

The department shall adopt rules and regulations to establish for purposes of testing and retesting for illegal drugs:#

1. (1)

   Which illegal drugs will be the subject of testing;#

2. (2)

   Methods for ensuring minimal privacy intrusions during collection of body fluid specimens for such testing;#

3. (3)

   Methods for ensuring proper storage, transportation, and handling of such specimens in order to maintain the integrity of the testing process;#

4. (4)

   Which persons should be entitled to the results of such tests and which methods should be used for ensuring that only authorized persons are given access to such results;#

5. (5)

   A list of laboratories qualified to conduct established drug tests; and#

6. (6)

   Procedures through which emergency medical services personnel, paramedics, or cardiac technicians, prior to the collection of body fluid specimens for such testing, may provide information to their employers regarding use of any drug pursuant to a medical prescription or, as otherwise authorized by law, any substance which could affect the results of such test.#

Any rules or regulations adopted pursuant to this Code section shall be in compliance with Parts 40 and 382 of Title 49 of the Code of Federal Regulations.#