§ 49:1001 — Definitions

§1001. Definitions
As used in this Chapter, the following words and phrases have the meanings
contained herein unless the context clearly requires otherwise:
(1) "CAP-FDT-certified laboratory" means a laboratory certified for forensic hair
drug testing by the College of American Pathologists.
(2) "CAP-FUDT-certified laboratory" means a laboratory certified for forensic urine
drug testing by the College of American Pathologists.
(3) "Employee" means any person, paid or unpaid, in the service of an employer, as
defined in this Section.
(4) "Employer" means any person, firm, or corporation, including any governmental
entity, that has one or more workers or operators employed, or individuals performing
service, in the same business, or in or about the same establishment, under any contract of
hire or service, expressed or implied, oral or written; however, "employer" for the purposes
of this Chapter shall not include any person, firm, or corporation that is subject to a federally
mandated drug testing program. For the purposes of this Chapter, an employee who is a
person, firm, or corporation that contracts or subcontracts with a principal need not be
considered, in whole or in part, to be an employee of such principal.
(5) "Medical review officer" means a licensed physician responsible for receiving
laboratory results generated by employer or testing entity's drug testing program who has
knowledge of substance abuse disorders and has appropriate medical training to interpret and
evaluate an individual's positive test result together with his medical history and any other
relevant biomedical information.
(6) "Negative employment consequences" means any action taken by an employer
or an employer's agent which negatively impacts an employee's or prospective employee's
employment status. Examples of "negative employment consequences" include but are not
limited to termination of employment, refusal to hire, or altered conditions of employment
such as counseling, probation, suspension, and demotion.
(7) "Prospective employee" means any person who has made application to an
employer, whether written or oral, to become an employee.
(8) "SAMHSA" means the Substance Abuse and Mental Health Services
Administration.
(9) "SAMHSA-certified laboratory" means a laboratory certified for forensic drug
testing by the Substance Abuse and Mental Health Services Administration.
(10) "SAMHSA guidelines" means the Mandatory Guidelines for Federal Workplace
Drug Testing Programs as published in the Federal Register on April 11, 1988 (53 FR
11970), revised on June 9, 1994 (59 FR 29908), further revised on September 30, 1997 (62
FR 51118), and any further revised guidelines issued by SAMHSA.
(11) "Sample" means urine, blood, saliva, or hair.
(12) "Screening laboratory" means any building, place, or facility in which
operations and procedures for the biological, serological, immunological, chemical, immuno-hematological, or other examination of materials derived from the human body are
performed for the purpose of drug testing and which is not SAMHSA-certified or CAP-FUDT-certified for forensic urine drug testing and if the following apply to the drug testing
of said "screening laboratory":
(a) If, as a result of such testing, mandatory or discretionary negative employment
consequences will not be rendered to the individual.
(b) Drug testing is performed for any or all of the following classes of drugs:
marijuana, opioids, cocaine, amphetamines, and phencyclidine.
(13) "Screening test" means an immunoassay screen to eliminate "negative"
specimens from further consideration.
(14) "Split sample" means one specimen from one individual that is separated into
two specimen containers.

Legislative History

Acts 1990, No. 1036, §1, eff. Jan. 1, 1991; Acts 2004, No. 901, §1, eff. July 12, 2004; Acts 2015, No. 74, §1.