Session of 2000
HOUSE BILL No. 2758
By Committee on Health and Human Services
1-31
9 AN ACT
concerning laboratories; on-site drug tests; amending K.S.A.
10 1999 Supp. 65-1,108
and repealing the existing section.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section
1. K.S.A. 1999 Supp. 65-1,108 is hereby amended to read as
14 follows: 65-1,108. (a) It shall be unlawful
for any person or laboratory to
15 perform tests to evaluate biological
specimens for the presence of con-
16 trolled substances included in schedule I
or II of the uniform controlled
17 substances act or metabolites thereof,
unless the laboratory in which such
18 tests are performed has been approved by
the secretary of health and
19 environment to perform such tests. Any
person violating any of the pro-
20 visions of this section shall be deemed
guilty of a class B misdemeanor.
21 (b) As used in
this section and in K.S.A. 65-1,107 and amendments
22 thereto, "laboratory" shall not include:
(1) The office or clinic of a person
23 licensed to practice medicine and surgery
in which laboratory tests are
24 performed as part of and incidental to the
examination or treatment of a
25 patient of such person; (2) the Kansas
bureau of investigation forensic
26 laboratory; (3) urinalysis tests for
controlled substances performed only
27 for management purposes on inmates,
parolees or probationers by per-
28 sonnel of the department of corrections or
office of judicial administration
29 and which shall not be used for revoking or
denying parole or probation;
30 (4) urinalysis tests approved by the
secretary of corrections for controlled
31 substances performed by the community
corrections programs; (5) uri-
32 nalysis tests approved by the secretary of
corrections for controlled sub-
33 stances performed by personnel of the
community correctional conser-
34 vation camp in Labette county which is
operated under agreements
35 entered into by the secretary of
corrections and the board of county com-
36 missioners of Labette county pursuant to
K.S.A. 75-52,132 and amend-
37 ments thereto; or (6)
urinalysis tests performed for management purposes
38 only by personnel of alcohol and drug
treatment programs which are
39 licensed or certified by the secretary of
social and rehabilitation services.;
40 or (7) places of employment or
occupational health clinics where: (A) On-
41 site drug tests that meet the
requirements of the United States food and
42 drug administration for commercial
distribution are administered as in-
43 itial screening tests according to the
United States food and drug admin-
2
1 istration package insert that
accompanies the test and where the operator
2 who administers the on-site test
has been trained in the use and admin-
3 istering of the on-site screening
test by the manufacturer of the on-site
4 screening test or the
manufacturer's designee; (B) the employer or occu-
5 pational health clinic adheres to
any rules and regulations adopted by the
6 secretary of health and
environment, which the secretary is hereby au-
7 thorized to adopt, pertaining to
specimen collection, urine specimen, ship-
8 ping of specimens, chain of
custody and confidentiality that may be ap-
9 plicable to on-site drug testing;
(C) if an on-site screening test obtains a
10 test result that indicates the presence
of drugs or the metabolites of drugs,
11 and if the test result may be used to
deny or deprive a person of employ-
12 ment or any benefit, or may otherwise
result in an adverse action being
13 taken against the person, the same
sample that produced the test result is
14 submitted for a confirmatory test to a
testing laboratory licensed or ap-
15 proved by the secretary of health and
environment.
16 Sec. 2. K.S.A. 1999 Supp.
65-1,108 is hereby repealed.
17 Sec. 3. This act shall
take effect and be in force from and after its
18 publication in the statute book.