Ch. 727                                          LAWS OF MARYLAND

(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 EMPLOYEE, CONTRACTOR, OR
OTHER 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 (D) OF THIS
SECTION; AND

(2)  AT THE TIME OF TESTING, AT THE EMPLOYEE'S
REQUEST, INFORM THE EMPLOYEE OF THE NAME AND ADDRESS OF THE
LABORATORY THAT WILL TEST THE SPECIMEN.

(C)  (1) AN EMPLOYEE MAY REQUEST INDEPENDENT TESTING OF THE
SAME 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 (D) OF THIS
SECTION.

(2) THE EMPLOYEE SHALL PAY THE COST OF AN INDEPENDENT
TEST CONDUCTED UNDER THIS SUBSECTION.

(D)  (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
THE REGULATIONS SHALL:

TO ANY OTHER LABORATORY STANDARDS,

(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 AGENCY OR
PROGRAM DESIGNATED TO CERTIFY OR APPROVE A LABORATORY THAT IS
ACCEPTABLE TO THE SECRETARY;

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