Ch. 594                                    1997 LAWS OF MARYLAND

(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.

(6)     "SPECIMEN" MEANS BLOOD, URINE, OR HAIR DERIVED FROM THE
HUMAN BODY.:

(I)     BLOOD DERIVED FROM THE HUMAN BODY;

(II)     URINE DERIVED FROM THE HUMAN BODY; OR

(III) HAIR DERIVED FROM THE HUMAN BODY AS PROVIDED IN
SUBSECTION (B)(2) OF THIS SECTION.

(b) (1) 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)] (I) Have the specimen tested by a laboratory that:

[ (i)] 1. Holds a permit under this subtitle; or

[(ii)]2. Is located outside of the State and is certified or otherwise
approved under subsection (e) of this section; and

[(2)] (II) 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.

(2) HAIR DERIVED FROM THE HUMAN BODY MAY BE USED AS A
SPECIMEN ONLY FOR THE PURPOSES OF PRE EMPLOYMENT DRUG TESTING.

(2) (I) AN EMPLOYER WHO REQUIRES ANY PERSON TO BE TESTED FOR
JOB-RELATED REASONS FOR THE USE OR ABUSE OF ANY CONTROLLED DANGEROUS
SUBSTANCE MAY USE HAIR DERIVED FROM THE HUMAN BODY AS A SPECIMEN IN
ACCORDANCE WITH THIS PARAGRAPH.

(II) AN EMPLOYER MAY USE HAIR DERIVED FROM THE HUMAN BODY
ONLY FOR PRE-EMPLOYMENT PURPOSES.

(III)   IF AN EMPLOYER USES HAIR DERIVED FROM THE HUMAN BODY AS
A SPECIMEN. THE EMPLOYER MAY NOT:

1. USE A SPECIMEN THAT IS LONGER THAN ONE AND
ONE-HALF INCHES MEASURED FROM THE HUMAN BODY; OR

2. USE THE SPECIMEN FOR ANY PURPOSE OTHER THAN
TESTING FOR CONTROLLED DANGEROUS SUBSTANCES.

- 3296 -