HOUSE AMENDMENT

                                                  Bill No. HB 1519

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Governmental Operations offered the

12  following:

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14         Amendment (with title amendment) 

15         On page 9, line 1, through page 10, line 27,

16  remove from the bill:  all of said lines,

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18  and insert in lieu thereof:  For a public employer, "job

19  applicant" includes, but is not limited to, means only a

20  person who has applied for a special-risk or safety-sensitive

21  position.

22         (m)  "Licensed laboratory" means a drug-free workplace

23  laboratory licensed by the Agency for Health Care

24  Administration pursuant to this section.

25         (n)(k)  "Medical review officer" or "MRO" means a

26  licensed physician, employed with or contracted with an

27  employer, who is certified in the law and methodology of drug

28  testing; who has knowledge of substance abuse disorders,

29  laboratory testing procedures, and chain of custody collection

30  procedures; who verifies positive, confirmed test results; and

31  who has the necessary medical training to interpret and

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    File original & 9 copies    03/30/00
    hgo0002                     01:31 pm         01519-go  -411113




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1519

    Amendment No.     (for drafter's use only)





 1  evaluate an employee's positive test result in relation to the

 2  employee's medical history or any other relevant biomedical

 3  information.

 4         (o)(l)  "Prescription or nonprescription medication"

 5  means a drug or medication obtained pursuant to a prescription

 6  as defined by s. 893.02 or a medication that is authorized

 7  pursuant to federal or state law for general distribution and

 8  use without a prescription in the treatment of human diseases,

 9  ailments, or injuries.

10         (p)(m)  "Public employer" means any agency within

11  state, county, or municipal government that employs

12  individuals for a salary, wages, or other remuneration.

13         (q)(n)  "Reasonable-suspicion drug testing" means drug

14  testing based on a belief that an employee is using or has

15  used drugs in violation of the employer's policy drawn from

16  specific objective and articulable facts and reasonable

17  inferences drawn from those facts in light of experience.

18  Among other things, Such facts and inferences may be based

19  upon, but are not limited to:

20         1.  Observable phenomena while at work, such as direct

21  observation of drug use or of the physical symptoms or

22  manifestations of being under the influence of a drug.

23         2.  Abnormal conduct or erratic behavior while at work

24  or a significant deterioration in work performance.

25         3.  A report of drug use, provided by a reliable and

26  credible source.

27         4.  Evidence that an individual has tampered with a

28  drug test during his or her employment with the current

29  employer.

30         5.  Information that an employee has caused,

31  contributed to, or been involved in an accident while at work.

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    File original & 9 copies    03/30/00
    hgo0002                     01:31 pm         01519-go  -411113




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1519

    Amendment No.     (for drafter's use only)





 1         6.  Evidence that an employee has used, possessed,

 2  sold, solicited, or transferred drugs while working or while

 3  on the employer's premises or while operating the employer's

 4  vehicle, machinery, or equipment.

 5         (r)(o)  "Safety-sensitive position" means, with respect

 6  to a public employer, a position in which a drug impairment

 7  constitutes an immediate and direct threat to public health or

 8  safety, such as a position that requires the employee to carry

 9  a firearm, perform life-threatening procedures, work with

10  confidential information or documents pertaining to criminal

11  investigations, or work with controlled substances; a position

12  in which a drug impairment constitutes an immediate and direct

13  threat to the employee's health or safety; a position in the

14  Family Safety and Preservation Program of the Department of

15  Children and Family Services in which

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    File original & 9 copies    03/30/00
    hgo0002                     01:31 pm         01519-go  -411113