Ch. 602 LAWS OF MARYLAND
Alcohol and Controlled Dangerous Substances - Job-Related Testing - Laboratories

FOR the purpose of requiring that the Department of Health and Mental Hygiene
adopt regulations that require certain laboratories that conduct job-related
alcohol or controlled dangerous substance testing to comply with certain federal
standards established by the United States Department of Health and Human
Services regarding threshold levels for positive testing; specifying that certain
persons who are required to submit to certain job-related testing may request
independent testing of the same urine or blood sample for certain purposes;
making certain technical changes; and generally relating to laboratories that
conduct job-related alcohol or controlled dangerous substance testing.

BY repealing and reenacting, with amendments,
Article - Health - General
Section 17-214.1
Annotated Code of Maryland
(1990 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

17-214.1.

(a) In this section the following words have the meanings indicated.

(1) "Alcohol or controlled dangerous substance testing" means a
procedure used to determine whether or not a specimen contains a controlled
dangerous substance or alcohol.

(2) "Certification" means the approval granted by the Department for a
laboratory to engage in job-related alcohol or controlled dangerous substance testing.

(3) "Controlled dangerous substance" has the meaning stated in Article
27, § 277 of the Code.

(4) "Job-related" means any alcohol or controlled dangerous substance
testing used by an employer for a legitimate business purpose.

(5) "Laboratory" means a facility or other entity that conducts job-related
alcohol or controlled dangerous substance testing.

(b) An employer who requires any person to be tested for job-related reasons
for the use or abuse of any controlled dangerous substance or alcohol shall:

(1) Have the specimen tested by a laboratory that:
(i) Holds a permit under this subtitle; or

(ii) Is located outside of the State and is certified or otherwise
approved under subsection (4) (E) of this section; and

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