1. For the purposes
of NRS
284.4063,
284.4065 and
284.4066, an applicant or
employee is deemed to have refused to submit to a screening test requested
pursuant to NRS
284.4065 or required pursuant to
NRS
284.4066 when the applicant or employee:
(a) Provides oral or written notice to the
appointing authority that he or she refuses to take the requested or required
screening test;
(b) Absent any
extenuating circumstances, fails to appear at the collection site for a
screening test within a reasonable time after being requested or required to do
so;
(c) Absent any extenuating
circumstances, fails to remain at the collection site until the collection
process is complete;
(d) Fails to
provide a sufficient amount of specimen when requested or required to do so
pursuant to the standards adopted by reference in NAC
284.882 and fails to undergo a
medical evaluation to determine whether there is a legitimate medical
explanation for the insufficient amount of specimen;
(e) Fails to provide a sufficient amount of
specimen when requested or required to do so pursuant to the standards adopted
by reference in NAC
284.882, and it has been
determined, through a required medical evaluation, that there was no legitimate
medical explanation for the insufficient amount of specimen;
(f) Fails to cooperate with any part of the
process related to the screening test, including, without limitation, refusing
to sign any required forms;
(g)
Brings materials or devices to the collection site for the purpose of
adulterating, substituting or diluting the specimen;
(h) Attempts to adulterate, substitute or
dilute the specimen; or
(i) Admits
to the collector or Medical Review Officer that he or she adulterated or
substituted the specimen.
2. The appointing authority shall rescind any
offer of employment that is contingent upon successful passage of a screening
test made to an applicant who is deemed, pursuant to subsection 1, to have
refused to submit to a screening test required by
NRS
284.4066.
3. As used in this section:
(a) "Collection site" means a location where
specimens are collected.
(b)
"Collector" means a person trained to instruct and assist an applicant or
employee in providing a specimen.
(c) "Medical Review Officer" means a licensed
physician who has entered into a contract with the State of Nevada or with a
vendor that has entered into a contract with the State of Nevada to review,
verify and report the results of screening tests.
(d) "Specimen" means breath or fluid
collected from an applicant or employee for the purpose of conducting a
screening test.
Added to NAC
by Personnel Comm'n by
R063-18A,
eff. 9/21/2018; A by
R063-18, eff. 9-27-2018
NRS 284.065,
284.155,
284.4065,
284.4066,
284.407