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Session Laws, 1990 Session
Volume 436, Page 2633   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 602

(2) At the time of testing, at the person's request, inform the person of the
name and address of the laboratory that will test the specimen.

(c) (1) An employer who requires any employee, contractor, or other person
to be tested for job-related reasons for the use or abuse of any controlled dangerous
substance or alcohol and who receives notice that an employee, contractor, or other
person has tested positive for the use or abuse of any controlled dangerous substance or
alcohol shall, after confirmation of the test result, provide the employee, contractor, or
other person with:

(i) A copy of the laboratory test indicating the test results;

(ii) A copy of the employer's written policy on the use or abuse of
controlled dangerous substances or alcohol by employees, contractors, or other persons;

(iii) If applicable, written notice of the employer's intent to take
disciplinary action, terminate employment, or change the conditions of continued
employment; and

(iv) A statement or copy of the provisions set forth in subsection (d)
of this section permitting an employee to request independent testing of the same
sample for verification of the test result.

(2) The information required to be provided to the employee, contractor,
or other person under paragraph (1) of this subsection shall be delivered to the
employee, contractor, or other person:

(i) Either in person or by certified mail; and

(ii) Within 30 days from the date the test was performed.

(d) (1) A person who is required to submit to job-related testing, under
subsection (b) of this section, may request independent testing of the same URINE OR
BLOOD sample for verification of the test results by a laboratory that:

(i) Holds a permit under this subtitle; or

(ii) If located outside of the State, is certified or otherwise approved
under subsection (4) (E) of this section.

(2) The person shall pay the cost of an independent test conducted under
this subsection.

(e) (1) The Department of Health and Mental Hygiene shall adopt regulations
governing the certification of laboratories that conduct job-related alcohol or
controlled dangerous substance testing.

(2) In addition to any other laboratory standards, the regulations shall:

(i) Require that the laboratory comply with the guidelines for
laboratory accreditation as set forth by the College of American Pathologists, the U.S.
Health Care Financing Administration (HCFA), or any other federal government

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Session Laws, 1990 Session
Volume 436, Page 2633   View pdf image (33K)
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