PARRIS N. GLENDENING, Governor

Ch. 594

(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] SPECIMEN 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 (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, IF ANY, 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;

(ii) Require that a laboratory performing confirmation tests, FOR
CONTROLLED DANGEROUS SUBSTANCES OR ALCOHOL 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;

(iii) Require that, IF the laboratory PERFORMS JOB RELATED DRUG
TESTING, THE LABORATORY be a participant in a program of proficiency testing of
[urinary] drug screening conducted by an organization acceptable to the Secretary;

(iv) Require that the laboratory comply with [any federal] standards
regarding cutoff levels for positive testing that are established by the United States
Department of Health and Human Services OR ESTABLISHED BY THE SECRETARY as
mandatory guidelines for [federal] workplace drug testing programs; and

(v) Include procedures for annual recertification and inspection.

SECTION 2. AND BE IT FURTHER ENACTED, That the Department in
consultation with representatives from the business community and from laboratories that
perform job related drug testing with hair specimens publish adopt regulations for the
certification of laboratories that perform job related drug testing with hair specimens by
October July 1, 1997.

SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
take effect June 1, 1997.

SECTION 3. 4. AND BE IT FURTHER ENACTED, That, subject to Section 3 of
this Act, this Act shall take effect July October 1, 1997.

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