1.1                          A bill for an act 
  1.2             relating to health; clarifying certain employee drug 
  1.3             and alcohol testing requirements; amending Minnesota 
  1.4             Statutes 1994, sections 181.950, subdivisions 2, 5, 8, 
  1.5             and 10; and 181.953, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 181.950, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [CONFIRMATORY TEST; CONFIRMATORY RETEST.] 
  1.10  "Confirmatory test" and "confirmatory retest" mean a drug or 
  1.11  alcohol test that: 
  1.12     (1) uses a method of analysis allowed under one of the 
  1.13  programs listed in section 181.953, subdivision 1; 
  1.14     (2) complies with the requirements for breath alcohol 
  1.15  testing in Code of Federal Regulations, title 49, sections 40.51 
  1.16  to 40.83; or 
  1.17     (3) complies with the applicable federal, state, or local 
  1.18  requirements to which the federal, state, or local official 
  1.19  conducting the testing is subject. 
  1.20     Sec. 2.  Minnesota Statutes 1994, section 181.950, 
  1.21  subdivision 5, is amended to read: 
  1.22     Subd. 5.  [DRUG AND ALCOHOL TESTING.] "Drug and alcohol 
  1.23  testing," "drug or alcohol testing," and "drug or alcohol test" 
  1.24  mean analysis of a body component sample: 
  1.25     (1) according to the standards established under one of the 
  2.1   programs listed in section 181.953, subdivision 1, for the 
  2.2   purpose of measuring the presence or absence of drugs, alcohol, 
  2.3   or their metabolites in the sample tested; 
  2.4      (2) according to the requirements for breath alcohol 
  2.5   testing in Code of Federal Regulations, title 49, sections 40.51 
  2.6   to 40.83; or 
  2.7      (3) according to the applicable federal, state, or local 
  2.8   requirements to which the federal, state, or local official 
  2.9   conducting the testing is subject. 
  2.10     Sec. 3.  Minnesota Statutes 1994, section 181.950, 
  2.11  subdivision 8, is amended to read: 
  2.12     Subd. 8.  [INITIAL SCREENING TEST.] "Initial screening 
  2.13  test" means a drug or alcohol test which uses a method of 
  2.14  analysis under: 
  2.15     (1) one of the programs listed in section 181.953, 
  2.16  subdivision 1; 
  2.17     (2) the standards for breath alcohol testing in Code of 
  2.18  Federal Regulations, title 49, sections 40.51 to 40.83; or 
  2.19     (3) the applicable federal, state, or local requirements to 
  2.20  which the federal, state, or local official conducting the 
  2.21  testing is subject. 
  2.22     Sec. 4.  Minnesota Statutes 1994, section 181.950, 
  2.23  subdivision 10, is amended to read: 
  2.24     Subd. 10.  [POSITIVE TEST RESULT.] "Positive test result" 
  2.25  means a finding of the presence of drugs, alcohol, or their 
  2.26  metabolites in the sample tested in levels at or above the 
  2.27  threshold detection levels contained in: 
  2.28     (1) the standards of one of the programs listed in section 
  2.29  181.953, subdivision 1; 
  2.30     (2) the standards for breath alcohol testing in Code of 
  2.31  Federal Regulations, title 49, sections 40.51 to 40.83; or 
  2.32     (3) the applicable federal, state, or local requirements to 
  2.33  which the federal, state, or local official conducting the 
  2.34  testing is subject. 
  2.35     Sec. 5.  Minnesota Statutes 1994, section 181.953, 
  2.36  subdivision 1, is amended to read: 
  3.1      Subdivision 1.  [USE OF LICENSED, ACCREDITED, OR CERTIFIED 
  3.2   LABORATORY REQUIRED.] (a) An employer who requests or requires 
  3.3   an employee or job applicant to undergo drug or alcohol testing 
  3.4   shall use the services of a testing laboratory that meets one of 
  3.5   the following criteria for drug testing: 
  3.6      (1) is certified by the National Institute on Drug Abuse as 
  3.7   meeting the mandatory guidelines published at 54 Federal 
  3.8   Register 11970 to 11989, April 11, 1988; 
  3.9      (2) is accredited by the College of American Pathologists, 
  3.10  325 Waukegan Road, Northfield, Illinois, 60093-2750, under the 
  3.11  forensic urine drug testing laboratory program; or 
  3.12     (3) is licensed to test for drugs by the state of New York, 
  3.13  department of health, under Public Health Law, article 5, title 
  3.14  V, and rules adopted under that law. 
  3.15     (b) For alcohol testing, the laboratory must either be 
  3.16  testing must be conducted by: 
  3.17     (1) a laboratory licensed to test for drugs and alcohol by 
  3.18  the state of New York, department of health, under Public Health 
  3.19  Law, article 5, title V, and the rules adopted under that law; 
  3.20  or 
  3.21     (2) a laboratory accredited by the College of American 
  3.22  Pathologists, 325 Waukegan Road, Northfield, Illinois, 
  3.23  60093-2750, in the laboratory accreditation program; 
  3.24     (3) a breath alcohol technician as defined in Code of 
  3.25  Federal Regulations, title 49, section 40.3, in accordance with 
  3.26  the requirements and procedures set forth in Code of Federal 
  3.27  Regulations, title 49, sections 40.51 to 40.83; or 
  3.28     (4) a federal, state, or local official if the testing 
  3.29  conforms to the applicable federal, state, or local requirements.