WILLIAM DONALD SCHAEFER, Governor                   Ch. 727

(II)  REQUIRE THAT THE LABORATORY BE A
PARTICIPANT IN A PROGRAM OF BLIND PROFICIENCY TESTING OF URINARY
DRUG SCREENING BY THE AMERICAN ASSOCIATION OF BIOANALYSTS, THE
COLLEGE OF AMERICAN PATHOLOGISTS, OR THE AMERICAN ASSOCIATION OF
CLINICAL CHEMISTRY; AND PARTICIPANT IN A PROGRAM OF PROFICIENCY
TESTING OF URINARY DRUG SCREENING CONDUCTED BY AN ORGANIZATION
ACCEPTABLE TO THE SECRETARY; AND

(III)  INCLUDE PROCEDURES FOR ANNUAL
RECERTIFICATION AND INSPECTION.

(E) THIS SECTION DOES NOT APPLY TO ALCOHOL OR CONTROLLED
DANGEROUS SUBSTANCE TESTING OF A PERSON UNDER ARREST OR HELD BY A
LAW ENFORCEMENT OR CORRECTIONAL AGENCY.

(E) THIS SECTION DOES NOT APPLY TO:

(1) ALCOHOL OR CONTROLLED DANGEROUS SUBSTANCE TESTING
OF A PERSON UNDER ARREST OR HELP BY A LAW ENFORCEMENT OR
CORRECTIONAL AGENCY,--------------------------------------------------

(2) ALCOHOL TESTING PROCEDURES CONDUCTED BY A LAW
ENFORCEMENT OR CORRECTIONAL AGENCY ON BREATH TESTING EQUIPMENT
CERTIFIED BY THE STATE TOXICOLOGIST; OR---------------------------

(3) CONTROLLED DANGEROUS SUBSTANCE TESTING BY A
LABORATORY FACILITY OF A LAW ENFORCEMENT OR CORRECTIONAL AGENCY
THAT MAINTAINS LABORATORY TESTING STANDARDS COMPARABLE TO THE
STANDARDS IN THIS SECTION.-----------------------------------------

SECTION 2. AND BE IT FURTHER ENACTED, That this Act may not
be construed to alter or expand the existing authority under law
of an employer to test for the incidence of the use of drugs or
alcohol of an employee, contractor, or applicant for employment.

SECTION 2 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1988.

Approved May 27, 1988.

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