WILLIAM DONALD SCHAEFER, Governor Ch. 824

(II) REQUIRE THAT A LABORATORY PERFORMING
CONFIRMATION TESTS BE INSPECTED AND ACCREDITED IN FORENSIC URINE
DRUG ANALYSIS BY THE COLLEGE OF AMERICAN PATHOLOGISTS, THE U.S.
HEALTH CARE FINANCING ADMINISTRATION (HCFA), OR ANY OTHER FEDERAL
GOVERNMENT AGENCY OR PROGRAM DESIGNATED TO INSPECT AND ACCREDIT A
LABORATORY THAT IS ACCEPTABLE TO THE SECRETARY;

(ii) (III) Require that the laboratory be a
participant in a program of proficiency testing of urinary drug
screening conducted by an organization acceptable to the
Secretary; and

(iii) (IV) Include procedures for annual
recertification and inspection.

(e) (F) This section does not apply to:

(1)  Alcohol or controlled dangerous substance testing
of a person under arrest or held 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.

(F) (G) THIS SECTION APPLIES TO JOB-RELATED ALCOHOL AND
CONTROLLED DANGEROUS SUBSTANCE TESTING OF ANY PERSON, INCLUDING
PREEMPLOYMENT APPLICANTS, EMPLOYEES, AND CONTRACTORS.

(H) IN THE COURSE OF OBTAINING INFORMATION FOR, OR AS A
RESULT OF, CONDUCTING JOB-RELATED ALCOHOL OR CONTROLLED DANGEROUS

SUBSTANCE TESTING FOR AN EMPLOYER UNDER THIS SECTION, A

LABORATORY, A PHYSICIAN, INCLUDING A PHYSICIAN RETAINED BY THE
EMPLOYER, OR ANY OTHER PERSON MAY NOT REVEAL TO THE EMPLOYER
INFORMATION REGARDING:

(1) THE USE OF A NONPRESCRIPTION DRUG, EXCLUDING
ALCOHOL, THAT IS NOT PROHIBITED UNDER THE LAWS OF THE STATE; OR

(2) THE USE OF A MEDICALLY PRESCRIBED DRUG, UNLESS
THE PERSON BEING TESTED IS UNABLE TO ESTABLISH THAT THE DRUG WAS
MEDICALLY PRESCRIBED UNDER THE LAWS OF THE STATE.-----------------

17-216.

A person who violates any provision of this subtitle is
guilty of a misdemeanor and on conviction is subject to a fine
not exceeding $100 for the first offense and not exceeding $500

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