TITLE 49. STATE ADMINISTRATION

CHAPTER 14. DRUG TESTING

PART II. DRUG TESTING PROCEDURES AND STANDARDS

49:1007      Review of drug testing results; medical review officer

 A. All results of drug testing shall be reported directly from the laboratory to a qualified medical review officer as provided in this Section.

 B. Confirmed positives on pre-employment drug testing may be reviewed by the medical review officer. If the employer chooses not to confirm a positive test result of a pre-employment drug screen test, the employer shall notify the pre-employment applicant of the positive drug screen result and shall offer the applicant the opportunity to pay for confirmation of that test and a review of that confirmation test by a medical review officer. The medical review officer shall review all confirmed positive drug testing results of employees and report such results to the employer in compliance with the NIDA guidelines or pursuant to statutory or regulatory authority granted under R.S. 23:1081 et seq. and R.S. 23:1601 et seq. Negative results need not be reviewed by the medical review officer, and these negative results shall be reported to the appropriate representative of the employee.

 C. Adulterated specimens shall be reported as such to the medical review officer with clarification as to the specific nature of the adulteration. The medical review officer shall contact the individual who submitted the specimen as outlined in the NIDA guidelines before making a final decision to verify a positive or report an adulteration.

 D. Employers who have a drug testing program in effect on January 1, 1991 and who annually conduct ten thousand or more drug tests shall not be required to utilize a medical review officer.

Added by Acts 1990, No. 1036, Sec. 1, eff. Jan. 1, 1991.