Arkansas § 20-76-708 Rulemaking authority

Arkansas Statutes

§ 20-76-708 — Rulemaking authority

Arkansas § 20-76-708

Title20

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Bluebook

Ark. Code Ann. § 20-76-708 (2026).

Text

(a)The Secretary of the Department of Human Services shall promulgate rules necessary for the implementation of this subchapter.

(b)The secretary shall consider the following when promulgating rules:

(1)Testing procedures established by the United States Department of Health and Human Services and the United States Department of Transportation;

(2)Screening procedures established by the substance abuse experts to determine when a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs;

(3)Body specimens and minimum specimen amounts that are appropriate for drug testing;

(4)Methods of analysis and procedures to ensure reliable drug testing results, including without limitation standards for initial tests and confirmation

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(a) The Secretary of the Department of Human Services shall promulgate rules necessary for the implementation of this subchapter. (b) The secretary shall consider the following when promulgating rules: (1) Testing procedures established by the United States Department of Health and Human Services and the United States Department of Transportation; (2) Screening procedures established by the substance abuse experts to determine when a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs; (3) Body specimens and minimum specimen amounts that are appropriate for drug testing; (4) Methods of analysis and procedures to ensure reliable drug testing results, including without limitation standards for initial tests and confirmation tests; (5) Minimum detection levels for each drug or drug metabolite for the purpose of determining a positive result; (6) Chain-of-custody procedures to ensure proper identification, labeling, and handling of specimens tested; and (7) Retention, storage, and transportation procedures to ensure reliable results of drug tests used in the administration of this subchapter.

Legislative History

Amended by Act 2023, No. 832,§ 28, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 558, eff. 7/1/2019. Amended by Act 2017, No. 314,§ 9, eff. 8/1/2017. Added by Act 2015, No. 1205,§ 1, eff. 7/22/2015.