Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 890
       
       
       
       
       
       
                                Ì441768NÎ441768                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2019           .                                
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       The Committee on Commerce and Tourism (Baxley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (13) through (17) of section
    6  112.0455, Florida Statutes, are redesignated as subsections (14)
    7  through (18), respectively, a new subsection (13) is added to
    8  that section, and paragraph (b) of subsection (6) and paragraph
    9  (a) of present subsection (15) are amended, to read:
   10         112.0455 Drug-Free Workplace Act.—
   11         (6) NOTICE TO EMPLOYEES.—
   12         (b) Prior to testing, all employees and job applicants for
   13  employment shall be given a written policy statement from the
   14  employer which contains:
   15         1. A general statement of the employer’s policy on employee
   16  drug use, which shall identify:
   17         a. The types of testing an employee or job applicant may be
   18  required to submit to, including reasonable suspicion or other
   19  basis; and
   20         b. The actions the employer may take against an employee or
   21  job applicant on the basis of a positive confirmed drug test
   22  result.
   23         2. A statement advising the employee or job applicant of
   24  the existence of this section.
   25         3. A general statement concerning confidentiality.
   26         4. Procedures for employees and job applicants to
   27  confidentially report the use of prescription or nonprescription
   28  medications both before and after being tested. Additionally,
   29  employees and job applicants shall receive notice of the most
   30  common medications by brand name or common name, as applicable,
   31  as well as by chemical name, which may alter or affect a drug
   32  test. A list of such medications shall be developed by the
   33  Agency for Health Care Administration.
   34         5. The consequences of refusing to submit to a drug test.
   35         6. Names, addresses, and telephone numbers of employee
   36  assistance programs and local alcohol and drug rehabilitation
   37  programs.
   38         7. A statement that an employee or job applicant who
   39  receives a positive confirmed drug test result may contest or
   40  explain the result to the employer within 5 working days after
   41  written notification of the positive test result. If an employee
   42  or job applicant’s explanation or challenge is unsatisfactory to
   43  the employer, the person may contest the drug test result as
   44  provided by subsections (15) (14) and (16) (15).
   45         8. A statement informing the employee or job applicant of
   46  his or her responsibility to notify the laboratory of any
   47  administrative or civil actions brought pursuant to this
   48  section.
   49         9. A list of all drugs for which the employer will test,
   50  described by brand names or common names, as applicable, as well
   51  as by chemical names.
   52         10. A statement regarding any applicable collective
   53  bargaining agreement or contract and the right to appeal to the
   54  Public Employees Relations Commission.
   55         11. A statement notifying employees and job applicants of
   56  their right to consult the testing laboratory for technical
   57  information regarding prescription and nonprescription
   58  medication.
   59         (13) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
   60  Before a drug testing facility licensed under part II of chapter
   61  408 may perform any drug-screening test on a urine specimen
   62  collected in this state, prescreening tests must be performed to
   63  determine the validity of the specimen. The prescreening tests
   64  must be capable of detecting, or detecting and defeating, novel
   65  or emerging urine drug testing subversion technologies as
   66  described in this subsection.
   67         (a)The drug-testing facility shall use urine sample
   68  validity screening tests that meet all of the following
   69  criteria:
   70         1.A urine sample validity screening test for creatinine
   71  must use a 20 mg/dL cutoff concentration and must have minimal
   72  interferences from bilirubin and blood in the urine. The urine
   73  sample validity screening test must be able to discriminate
   74  between a creatinine level from an unadulterated urine sample
   75  and a creatinine level arising from overhydration or creatine or
   76  protein loading.
   77         2.A urine sample validity screening test for oxidants must
   78  be able to detect the presence or effects of oxidant adulterants
   79  up to 6 days after sample collection, under the sample storage
   80  conditions outlined in the laboratory standards guideline
   81  adopted by rule by the Agency for Health Care Administration,
   82  and after any sample transport that is routinely involved.
   83         3.Urine sample validity screening tests must be able to
   84  detect synthetic or freeze-dried urine substituted for the
   85  donor’s urine for drug testing.
   86         4.Urine sample validity screening tests must be validated
   87  for the detection of all of the additional adulterant classes
   88  represented by glutaraldehyde, salt, heavy metals, cationic
   89  detergents, protease, strong alkaline buffers, and strong acidic
   90  buffers. The detection limits of these classes must be at a
   91  sufficient level to detect a nonphysiologic sample or
   92  interference with enzyme immunoassay drug screening tests.
   93         (b)The drug-testing facility may only use urine sample
   94  validity screening tests that have undergone validation studies
   95  conducted by the manufacturer to document the product’s
   96  conformance to the requirements of this subsection.
   97         (c)A drug-testing facility may rely on urine sample
   98  validity screening tests to determine if confirmation testing is
   99  required for any urine sample that has been deemed invalid for
  100  drug screening.
  101         (d)Urine specimens collected in this state may not be sent
  102  for drug screening tests to a drug-testing facility located
  103  outside of this state unless such drug testing facility complies
  104  with all requirements of this subsection.
  105         (e)The Agency for Health Care Administration shall adopt
  106  rules necessary for the implementation and enforcement of this
  107  subsection.
  108         (16)(15) NONDISCIPLINE REMEDIES.—
  109         (a) Any person alleging a violation of the provisions of
  110  this section, who that is not remediable by the commission or an
  111  arbitrator pursuant to subsection (15) (14), must institute a
  112  civil action for injunctive relief or damages, or both, in a
  113  court of competent jurisdiction within 180 days of the alleged
  114  violation, or be barred from obtaining the following relief.
  115  Relief is limited to:
  116         1. An order restraining the continued violation of this
  117  section.
  118         2. An award of the costs of litigation, expert witness
  119  fees, reasonable attorney’s fees, and noneconomic damages
  120  provided that damages shall be limited to the recovery of
  121  damages directly resulting from injury or loss caused by each
  122  violation of this section.
  123         Section 2. Present subsections (9) through (15) of section
  124  440.102, Florida Statutes, are redesignated as subsections (10)
  125  through (16), respectively, a new subsection (9) is added to
  126  that section, and paragraphs (c), (e), and (q) of subsection
  127  (1), paragraph (a) of subsection (3), paragraph (a) of
  128  subsection (4), paragraphs (b) through (h), (j), (k), and (l) of
  129  subsection (5), subsection (6), paragraph (a) of subsection (7),
  130  and paragraphs (b) and (c) of present subsection (9) of that
  131  section are amended, to read:
  132         440.102 Drug-free workplace program requirements.—The
  133  following provisions apply to a drug-free workplace program
  134  implemented pursuant to law or to rules adopted by the Agency
  135  for Health Care Administration:
  136         (1) DEFINITIONS.—Except where the context otherwise
  137  requires, as used in this act:
  138         (c) “Drug” means any form of alcohol, as defined in s.
  139  322.01(2), including a distilled spirit, wine, a malt beverage,
  140  or an intoxicating preparation; any controlled substance
  141  identified under Schedule I, Schedule II, Schedule III, Schedule
  142  IV, or Schedule V of s. 893.03; any controlled substance
  143  identified under Schedule I, Schedule II, Schedule III, Schedule
  144  IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s.
  145  812(c); liquor; an amphetamine; a cannabinoid; cocaine;
  146  phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a
  147  barbiturate; a benzodiazepine; a synthetic narcotic; a designer
  148  drug; or a metabolite of any of the substances listed in this
  149  paragraph. An employer may test an individual for any or all of
  150  such drugs.
  151         (e) “Drug test” or “test” means any chemical, biological,
  152  or physical instrumental analysis administered, by a laboratory
  153  certified by the United States Department of Health and Human
  154  Services or licensed by the Agency for Health Care
  155  Administration, for the purpose of determining the presence or
  156  absence of a drug or its metabolites. In the case of testing for
  157  the presence of alcohol, the test must be conducted in
  158  accordance with the United States Department of Transportation
  159  alcohol testing procedures authorized under 49 C.F.R. part 40,
  160  subparts J through M.
  161         (q) “Specimen” means tissue, hair, or a product of the
  162  human body capable of revealing the presence of drugs or their
  163  metabolites, as approved by the United States Food and Drug
  164  Administration, or the Agency for Health Care Administration,
  165  the United States Department of Health and Human Services, or
  166  the United States Department of Transportation.
  167         (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.—
  168         (a) One time only, before prior to testing, an employer
  169  shall give all employees and job applicants for employment a
  170  written policy statement that which contains:
  171         1. A general statement of the employer’s policy on employee
  172  drug use, which must identify:
  173         a. The types of drug testing an employee or job applicant
  174  may be required to submit to, including reasonable-suspicion
  175  drug testing or drug testing conducted on any other basis.
  176         b. The actions the employer may take against an employee or
  177  job applicant on the basis of a positive confirmed drug test
  178  result.
  179         2. A statement advising the employee or job applicant of
  180  the existence of this section.
  181         3. A general statement concerning confidentiality.
  182         4. Procedures for employees and job applicants to
  183  confidentially report to a medical review officer the use of
  184  prescription or nonprescription medications to a medical review
  185  officer both before and after being tested.
  186         5. A list of the most common medications, by brand name or
  187  common name, as applicable, as well as by chemical name, which
  188  may alter or affect a drug test. A list of such medications as
  189  developed by the Agency for Health Care Administration shall be
  190  available to employers through the department.
  191         6. The consequences of refusing to submit to a drug test.
  192         7. A representative sampling of names, addresses, and
  193  telephone numbers of employee assistance programs and local drug
  194  rehabilitation programs.
  195         8. A statement that an employee or job applicant who
  196  receives a positive confirmed test result may contest or explain
  197  the result to the medical review officer within 5 working days
  198  after receiving written notification of the test result; that if
  199  an employee’s or job applicant’s explanation or challenge is
  200  unsatisfactory to the medical review officer, the medical review
  201  officer shall report a positive test result back to the
  202  employer; and that a person may contest the drug test result
  203  pursuant to law or to rules adopted by the Agency for Health
  204  Care Administration.
  205         9. A statement informing the employee or job applicant of
  206  his or her responsibility to notify the laboratory of any
  207  administrative or civil action brought pursuant to this section.
  208         10. A list of all drugs for which the employer will test,
  209  described by brand name or common name, as applicable, as well
  210  as by chemical name.
  211         11. A statement regarding any applicable collective
  212  bargaining agreement or contract and the right to appeal to the
  213  Public Employees Relations Commission or applicable court.
  214         12. A statement notifying employees and job applicants of
  215  their right to consult with a medical review officer for
  216  technical information regarding prescription or nonprescription
  217  medication.
  218         (4) TYPES OF TESTING.—
  219         (a) An employer is required to conduct the following types
  220  of drug tests:
  221         1. Job applicant drug testing.—An employer must require job
  222  applicants to submit to a drug test and may use a refusal to
  223  submit to a drug test or a positive confirmed drug test as a
  224  basis for refusing to hire a job applicant.
  225         2. Reasonable-suspicion drug testing.—An employer must
  226  require an employee to submit to reasonable-suspicion drug
  227  testing.
  228         3. Routine fitness-for-duty drug testing.—An employer must
  229  require an employee to submit to a drug test if the test is
  230  conducted as part of a routinely scheduled employee fitness-for
  231  duty medical examination that is part of the employer’s
  232  established policy or that is scheduled routinely for all
  233  members of an employment classification or group.
  234         4. Followup drug testing.—If the employee in the course of
  235  employment enters an employee assistance program for drug
  236  related problems, or a drug rehabilitation program, the employer
  237  must require the employee to submit to a drug test as a followup
  238  to such program, unless the employee voluntarily entered the
  239  program. In those cases, the employer has the option to not
  240  require followup testing. If followup testing is required, it
  241  must be conducted at least 6 times in the first year, and may be
  242  conducted twice for 1 additional year once a year for a 2-year
  243  period after completion of the program. Advance notice of a
  244  followup testing date must not be given to the employee to be
  245  tested.
  246         (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen
  247  collection and testing for drugs under this section shall be
  248  performed in accordance with the following procedures:
  249         (b) Specimen collection must be documented, and the
  250  documentation procedures shall include the:
  251         1. labeling of specimen containers so as to reasonably
  252  preclude the likelihood of erroneous identification of test
  253  results. For saliva or breath alcohol testing, a specimen
  254  container is not required if the specimen is not being
  255  transported to a laboratory for analysis
  256         2.A form for the employee or job applicant to provide any
  257  information he or she considers relevant to the test, including
  258  identification of currently or recently used prescription or
  259  nonprescription medication or other relevant medical
  260  information. The form must provide notice of the most common
  261  medications by brand name or common name, as applicable, as well
  262  as by chemical name, which may alter or affect a drug test. The
  263  providing of information shall not preclude the administration
  264  of the drug test, but shall be taken into account in
  265  interpreting any positive confirmed test result.
  266         (c) Specimen collection, storage, and transportation to a
  267  laboratory the testing site shall be performed in a manner that
  268  reasonably precludes contamination or adulteration of specimens.
  269         (d) Each confirmation test conducted under this section,
  270  not including the taking or collecting of a specimen to be
  271  tested, shall be conducted by a licensed or certified laboratory
  272  as described in subsection (10) (9).
  273         (e) A specimen for a drug test may be taken or collected by
  274  any person who meets the qualification standards for urine or
  275  oral fluid specimen collection as specified by the United States
  276  Department of Health and Human Services or the United States
  277  Department of Transportation. For alcohol testing, a person must
  278  meet the United States Department of Transportation standards
  279  for a screening test technician or a breath alcohol technician.
  280  A hair specimen may be collected and packaged by a person who
  281  has been trained and certified by a drug-testing laboratory. A
  282  person who directly supervises an employee subject to testing
  283  may not serve as the specimen collector for that employee unless
  284  there is no other qualified specimen collector available of the
  285  following persons:
  286         1.A physician, a physician assistant, a registered
  287  professional nurse, a licensed practical nurse, or a nurse
  288  practitioner or a certified paramedic who is present at the
  289  scene of an accident for the purpose of rendering emergency
  290  medical service or treatment.
  291         2.A qualified person employed by a licensed or certified
  292  laboratory as described in subsection (9).
  293         (f) A person who collects or takes a specimen for a drug
  294  test shall collect an amount sufficient for two independent drug
  295  tests, one to screen the specimen and one for confirmation of
  296  the screening test results, at a laboratory as determined by the
  297  Agency for Health Care Administration.
  298         (g) Every specimen that produces a positive, confirmed test
  299  result shall be preserved by the licensed or certified
  300  laboratory that conducted the confirmation test for a period of
  301  at least 1 year after the confirmation test was conducted 210
  302  days after the result of the test was mailed or otherwise
  303  delivered to the medical review officer. However, if an employee
  304  or job applicant undertakes an administrative or legal challenge
  305  to the test result, the employee or job applicant shall notify
  306  the laboratory and the sample shall be retained by the
  307  laboratory until the case or administrative appeal is settled.
  308  During the 60-day 180-day period after written notification of a
  309  positive test result, the employee or job applicant who has
  310  provided the specimen shall be permitted by the employer to have
  311  a portion of the specimen retested, at the employee’s or job
  312  applicant’s expense, at another laboratory, licensed and
  313  approved by the Agency for Health Care Administration, chosen by
  314  the employee or job applicant. The second laboratory must test
  315  the specimen at the limit of detection for the drug or analyte
  316  confirmed by the original at equal or greater sensitivity for
  317  the drug in question as the first laboratory. If the drug or
  318  analyte is detected by the second laboratory, the result shall
  319  be reported as reconfirmed positive. The first laboratory that
  320  performed the test for the employer is responsible for the
  321  transfer of the portion of the specimen to be retested, and for
  322  the integrity of the chain of custody during such transfer.
  323         (h) Within 5 working days after receipt of a positive
  324  verified confirmed test result from the medical review officer,
  325  an employer shall inform an employee or job applicant in writing
  326  of such positive test result, the consequences of such results,
  327  and the options available to the employee or job applicant. The
  328  employer shall provide to the employee or job applicant, upon
  329  request, a copy of the test results.
  330         (j) The employee’s or job applicant’s explanation or
  331  challenge of the positive test result is unsatisfactory to the
  332  employer, a written explanation as to why the employee’s or job
  333  applicant’s explanation is unsatisfactory, along with the report
  334  of positive result, shall be provided by the employer to the
  335  employee or job applicant; and All such documentation of a
  336  positive test shall be kept confidential by the employer
  337  pursuant to subsection (8) and shall be retained by the employer
  338  for at least 1 year.
  339         (k) An employer may not discharge, discipline, refuse to
  340  hire, discriminate against, or request or require rehabilitation
  341  of an employee or job applicant on the sole basis of a positive
  342  test result that has not been reviewed and verified by a
  343  confirmation test and by a medical review officer, except when a
  344  confirmed positive breath alcohol test was conducted in
  345  accordance with United States Department of Transportation
  346  alcohol testing procedures.
  347         (l) An employer that performs drug testing or specimen
  348  collection shall use chain-of-custody procedures established by
  349  the Agency for Health Care Administration, the United States
  350  Department of Health and Human Services, or the United States
  351  Department of Transportation to ensure proper recordkeeping,
  352  handling, labeling, and identification of all specimens tested.
  353         (6) CONFIRMATION TESTING.—
  354         (a) If an initial drug test is negative, the employer may
  355  in its sole discretion seek a confirmation test.
  356         (b)Only licensed or certified laboratories as described in
  357  subsection (9) may conduct confirmation drug tests.
  358         (c) All laboratory positive initial tests on a urine, oral
  359  fluid, blood, or hair specimen shall be confirmed using gas
  360  chromatography/mass spectrometry (GC/MS) or an equivalent or
  361  more accurate scientifically accepted method approved by the
  362  United States Department of Health and Human Services or the
  363  United States Department of Transportation Agency for Health
  364  Care Administration or the United States Food and Drug
  365  Administration as such technology becomes available in a cost
  366  effective form.
  367         (b)(d) If a an initial drug test of an employee or job
  368  applicant is confirmed by the laboratory as positive, the
  369  employer’s medical review officer shall provide technical
  370  assistance to the employer and to the employee or job applicant
  371  for the purpose of interpreting the test result to determine
  372  whether the result could have been caused by prescription or
  373  nonprescription medication taken by the employee or job
  374  applicant.
  375         (c)For a breath alcohol test, an initial positive result
  376  shall be confirmed by a second breath specimen taken and tested
  377  using an evidential breath testing device listed on the
  378  conforming products list issued by the National Highway Traffic
  379  Safety Administration and conducted in accordance with United
  380  States Department of Transportation alcohol testing procedures
  381  authorized under 49 C.F.R. part 40, subparts J through M.
  382         (7) EMPLOYER PROTECTION.—
  383         (a) An employee or job applicant whose drug test result is
  384  confirmed or verified as positive in accordance with this
  385  section shall not, by virtue of the result alone, be deemed to
  386  have a “handicap” or “disability” as defined under federal,
  387  state, or local handicap and disability discrimination laws.
  388         (9) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING.
  389  Before a drug-testing facility licensed under part II of chapter
  390  408 may perform any drug screening test on a urine specimen
  391  collected in this state, prescreening tests must be performed to
  392  determine the validity of the specimen. The prescreening tests
  393  must be capable of detecting, or detecting and defeating, novel
  394  or emerging urine drug-testing subversion technologies as
  395  described in this subsection.
  396         (a)The drug-testing facility shall use urine sample
  397  validity screening tests that meet all of the following
  398  criteria:
  399         1.A urine sample validity screening test for creatinine
  400  must use a 20 mg/dL cutoff concentration and must have minimal
  401  interferences from bilirubin and blood in the urine. The urine
  402  sample validity screening test must be able to discriminate
  403  between a creatinine level from an unadulterated urine sample
  404  and a creatinine level arising from overhydration or creatine or
  405  protein loading.
  406         2.A urine sample validity screening test for oxidants must
  407  be able to detect the presence or effects of oxidant adulterants
  408  up to 6 days after sample collection, under the sample storage
  409  conditions outlined in the laboratory standards guideline
  410  adopted by rule by the Agency for Health Care Administration,
  411  and after any sample transport that is routinely involved.
  412         3.Urine sample validity screening tests must be able to
  413  detect synthetic or freeze-dried urine substituted for the
  414  donor’s urine for drug testing.
  415         4.Urine sample validity screening tests must be validated
  416  for the detection of all of the additional adulterant classes
  417  represented by glutaraldehyde, salt, heavy metals, cationic
  418  detergents, protease, strong alkaline buffers, and strong acidic
  419  buffers. The detection limits of these classes must be at a
  420  sufficient level to detect a nonphysiologic sample or
  421  interference with enzyme immunoassay drug-screening tests.
  422         (b)The drug-testing facility may only use urine sample
  423  validity screening tests that have undergone validation studies
  424  conducted by the manufacturer to document the product’s
  425  conformance to the requirements of this subsection.
  426         (c)A drug-testing facility may rely on urine sample
  427  validity screening tests to determine if confirmation testing is
  428  required for any urine sample that has been deemed invalid for
  429  drug screening.
  430         (d)Urine specimens collected in this state may not be sent
  431  for drug-screening tests to a drug-testing facility located
  432  outside of this state unless such drug testing facility complies
  433  with all requirements of this subsection.
  434         (e)The Agency for Health Care Administration shall adopt
  435  rules necessary for the implementation and enforcement of this
  436  subsection.
  437         (10)(9) DRUG-TESTING STANDARDS FOR LABORATORIES.—
  438         (b) A laboratory may analyze initial or confirmation test
  439  specimens only if:
  440         1. The laboratory obtains a license under part II of
  441  chapter 408 and s. 112.0455(18) s. 112.0455(17). Each applicant
  442  for licensure and each licensee must comply with all
  443  requirements of this section, part II of chapter 408, and
  444  applicable rules.
  445         2. The laboratory has written procedures to ensure the
  446  chain of custody.
  447         3. The laboratory follows proper quality control
  448  procedures, including, but not limited to:
  449         a. The use of internal quality controls, including the use
  450  of samples of known concentrations which are used to check the
  451  performance and calibration of testing equipment, and periodic
  452  use of blind samples for overall accuracy.
  453         b. An internal review and certification process for drug
  454  test results, conducted by a person qualified to perform that
  455  function in the testing laboratory.
  456         c. Security measures implemented by the testing laboratory
  457  to preclude adulteration of specimens and drug test results.
  458         d. Other necessary and proper actions taken to ensure
  459  reliable and accurate drug test results.
  460         (c) A laboratory shall disclose to the medical review
  461  officer a written positive confirmed test result report within 7
  462  working days after receipt of the sample. All laboratory reports
  463  of a drug test result must, at a minimum, state:
  464         1. The name and address of the laboratory that performed
  465  the test and the positive identification of the person tested.
  466         2. Positive results on confirmation tests only, or negative
  467  results, as applicable.
  468         3. A list of the drugs for which the drug analyses were
  469  conducted.
  470         4. The type of tests conducted for both initial tests and
  471  confirmation tests and the minimum cutoff levels of the tests.
  472         5.Any correlation between medication reported by the
  473  employee or job applicant pursuant to subparagraph (5)(b)2. and
  474  a positive confirmed drug test result.
  475  
  476  A report must not disclose the presence or absence of any drug
  477  other than a specific drug and its metabolites listed pursuant
  478  to this section.
  479         Section 3. Paragraph (b) of subsection (11) of section
  480  443.101, Florida Statutes, is amended to read:
  481         443.101 Disqualification for benefits.—An individual shall
  482  be disqualified for benefits:
  483         (11) If an individual is discharged from employment for
  484  drug use as evidenced by a positive, confirmed drug test as
  485  provided in paragraph (1)(d), or is rejected for offered
  486  employment because of a positive, confirmed drug test as
  487  provided in paragraph (2)(c), test results and chain of custody
  488  documentation provided to the employer by a licensed and
  489  approved drug-testing laboratory is self-authenticating and
  490  admissible in reemployment assistance hearings, and such
  491  evidence creates a rebuttable presumption that the individual
  492  used, or was using, controlled substances, subject to the
  493  following conditions:
  494         (b) Only laboratories licensed and approved as provided in
  495  s. 440.102(10) s. 440.102(9), or as provided by equivalent or
  496  more stringent licensing requirements established by federal law
  497  or regulation may perform the drug tests.
  498         Section 4. This act shall take effect July 1, 2019.
  499  
  500  ================= T I T L E  A M E N D M E N T ================
  501  And the title is amended as follows:
  502         Delete everything before the enacting clause
  503  and insert:
  504                        A bill to be entitled                      
  505         An act relating to drug-free workplaces; amending s.
  506         112.0455, F.S.; requiring licensed drug-testing
  507         facilities to perform prescreening tests on urine
  508         specimens to determine their validity; specifying
  509         requirements for such prescreening tests; requiring
  510         such facilities to only use certain screening tests;
  511         authorizing such facilities to rely on the screening
  512         tests to determine if certain confirmation testing is
  513         required; providing that urine specimens may not be
  514         sent to an out-of-state facility unless the facility
  515         complies with certain requirements; authorizing the
  516         Agency for Health Care Administration to adopt rules;
  517         conforming cross-references; amending s. 440.102,
  518         F.S.; revising definitions; revising required
  519         information in a written policy statement provided to
  520         employees and job applicants before drug testing;
  521         revising the frequency of required followup drug
  522         testing; revising procedures for specimen collection,
  523         testing, and preservation; revising persons who may
  524         take or collect specimens for a drug test; revising
  525         requirements and procedures for retesting specimens;
  526         deleting and revising confidentiality requirements for
  527         employers relating to certain information; revising
  528         circumstances under which an employer may take certain
  529         actions relating to an employee or job applicant on
  530         the sole basis of certain positive test results;
  531         revising standards for chain-of-custody procedures;
  532         revising requirements and authorized actions relating
  533         to confirmation testing; requiring licensed drug
  534         testing facilities to perform prescreening tests on
  535         urine specimens to determine their validity;
  536         specifying requirements for such prescreening tests;
  537         requiring such facilities to only use certain
  538         screening tests; authorizing such facilities to rely
  539         on the screening tests to determine if certain
  540         confirmation testing is required; providing that urine
  541         specimens may not be sent to an out-of-state facility
  542         unless the facility complies with certain
  543         requirements; authorizing the agency to adopt rules;
  544         conforming provisions to changes made by the act;
  545         conforming cross-references; amending s. 443.101,
  546         F.S.; conforming a cross-reference; providing an
  547         effective date.
  548  
  549         WHEREAS, the State of Florida has a profound interest in
  550  the health and welfare of its citizens, and
  551         WHEREAS, new and emerging drug-testing subversion
  552  technologies represent a significant threat to the ability to
  553  properly identify those suffering from addiction and drug abuse,
  554  and
  555         WHEREAS, the Legislature, therefore, seeks to require urine
  556  sample validity testing, such that those being tested can be
  557  properly and promptly identified for referral to drug treatment
  558  programs and other health care services, NOW, THEREFORE,