23-493.03. Testing procedures

All sample collection and testing for drugs and alcohol impairment under this article shall be performed according to the following conditions:

1. The collection of samples shall be performed under reasonable and sanitary conditions.

2. Sample collections shall be documented and these documentation procedures shall include both of the following:

(a) Labeling of samples in order to reasonably preclude the possibility of misidentification of the person tested in relation to the test result provided.

(b) An opportunity for the person to be tested to provide notification of any information that may be considered relevant to the test, including identification of currently or recently used prescription or nonprescription drugs or other relevant medical information.

3. Sample collection, storage and transportation to the place of testing shall be performed in a manner reasonably designed to preclude the possibility of sample contamination, adulteration or misidentification.

4. Sample testing shall comply with scientifically accepted analytical methods and procedures. Drug testing shall be conducted at a laboratory approved or certified by the United States department of health and human services, the college of American pathologists or the department of health services.

5. Drug testing shall include confirmation of any positive drug test results for employees. Confirmation of positive drug test results for employees shall be by use of a different chemical process than was used in the initial drug screen. The second or confirmatory drug test shall be a chromatographic technique such as gas chromatography-mass spectrometry or another comparably reliable analytical method.