Current through August 26, 2024
(1) TESTING
REQUIREMENT.
(a) The applicant shall submit to
a drug test for the presence of the following controlled substances or classes
of controlled substances or their metabolites:
1. Amphetamines
2. Cannabis or cannabinoids
3. Opiates
4. Cocaine
5. Phencyclidine (PCP)
(b) The drug test shall be accomplished
through analysis of a urine specimen from the applicant. Other specimens of
blood, breath, saliva or hair may be used when minimum standards equivalent
with those for urine specimens have been established by the United States
department of health and human services, substance abuse and mental health
services administration. The specimen collected may only be used for either of
the following:
1. Test required under par.
(a).
2. Tests for other controlled
substances as determined by the prospective employing agency.
(c) The costs of the urine sample
collection and analysis shall be borne by the prospective employing
agency.
(2) NOTICE OF
TESTING REQUIREMENT. Notice of the date, time, and place of the drug test
sample collection shall be given to the applicant no more than 3 days prior to
the date of the scheduled collection. The notice shall inform the applicant
that appearance for the drug test specimen collection at the stated date, time,
and place is mandatory and that failure to appear without just cause to the
satisfaction of the prospective employing agency or refusal to provide the
specimen shall result in denial of certification by the board. The notice shall
inform the applicant that a positive test result for which the applicant cannot
provide a legitimate explanation to the satisfaction of the board shall result
in the applicant being denied employment and being denied certification by the
board. The notice shall state that the test results may be disclosed only:
(a) To the board.
(b) To the prospective employing agency or
any other prospective employing agency.
(c) To the applicant or applicant's
designee.
(d) To the prospective
employer's designee or the board's designee, if disclosed for a purpose related
to or in conjunction with an applicant's challenge to a positive test result,
or an administrative action, court proceeding, or other proceeding in which the
applicant challenges a denial of employment or certification.
(e) By lawful order of a court.
(f) As otherwise required by law.
(3) SPECIMEN COLLECTION. The urine
specimen shall be collected at a collection site designated by the approved
laboratory specified by the prospective employing agency for the drug testing.
(a) The applicant providing the specimen
shall be positively identified by the collection site person by use of a valid
photo driver's license, valid passport, or valid military identification card.
If proper identification is not available, the specimen shall not be collected
without contacting the prospective employing agency to make other arrangements
for positive identification.
(b)
The specimen shall be obtained from the applicant in a manner that complies
with laboratory and collection site specifications adopted by the board and
published in the policy and procedures manual of the board.
(4) CONSEQUENCES OF POSITIVE TEST
RESULT, FAILURE TO APPEAR OR REFUSAL. A positive test result for which the
applicant cannot provide an explanation to the satisfaction of the board,
refusal to provide the urine specimen for the drug test, or failure to appear
to provide the urine specimen at the scheduled date, time, and place without
just cause to the satisfaction of the prospective employing agency shall result
in the applicant being denied certification by the board.
(5) TESTING PROCEDURE. The drug test required
by sub. (1) shall be performed by an approved laboratory chosen by the
prospective employing agency. Specifications for approved laboratories shall be
published in the policy and procedures manual of the board.
(a) Tests to be performed. The testing
procedure shall consist of:
1. An initial
screening test
2. A confirmatory
test when there is a positive initial test result.
(b) Controlled substances. The initial
screening test shall be done for the presence of amphetamines, cannabis or
cannabinoids, opiates, cocaine and phencyclidine (PCP) or their metabolites in
tested urine in levels at or above threshold detection levels established by
the United States Department of Health and Human Services, Substance Abuse and
Mental Health Services Administration.
(c) Confirmation tests. The confirmation test
shall be done for the presence of amphetamines, cannabis or cannabinoids
(Delta-9-tetrahydrocannabinol-9-carboxylic acid), opiates (morphine, codeine),
cocaine (Benz-oylecgonine) and phencyclidine (PCP) in tested urine in levels at
or above threshold detection levels established by the United States department
of health and human services, substance abuse and mental health services
administration. Each applicant who receives a positive confirmation test shall
be allowed to submit information in explanation of test results.
(6) NOTICE OF TEST RESULTS;
APPLICANT RIGHTS. The testing laboratory shall forward any positive test
results to the board as well as to the prospective employing agency.
(a) Within 10 working days after receipt of
the test result report from the testing laboratory, the prospective employing
agency shall inform the applicant in writing of a positive test
result.
(b) If an applicant wishes
to challenge a positive test result, the applicant shall, within 5 working days
after receiving notice of a positive test result, submit in writing to the
prospective employing agency and to the board information that the applicant
believes provides a legitimate explanation for the positive test result. The
applicant shall provide to the board written waivers of confidentiality for
information the board believes is necessary for it to determine if there is a
legitimate explanation for the positive test result.
(c)
1.
Within 20 working days after receipt of the information in par. (b), the board
shall determine if there is an acceptable legitimate explanation for the
applicant's positive test result.
2. The applicant, at the applicant's expense,
may select from a list of physicians approved by the board, a physician who is
not the applicant's personal physician, to review the test documentation and
applicant's explanatory information. The physician shall provide a written
report to the board rendering an opinion and supporting rationale as to whether
or not there is a legitimate explanation for the positive test result. The
board shall consider this report in making its final determination.
3. The applicant shall cooperate in any
investigation by the board or the selected physician needed to reach their
respective determinations. Failure to cooperate shall be deemed a withdrawal of
the applicant's challenge to the positive test result.
4. The board shall immediately forward a
written report of its findings and determination to the applicant and to the
prospective employing agency.
5.
The board shall approve a list of physicians qualified and acceptable to review
drug analysis results. The list shall be published in the policy and procedures
manual of the board and updated as required.
(d) The board may approve alternative
procedures by prospective employing agencies to assure applicant
rights.
(7) DRUG TEST
RESULTS; CONFIDENTIALITY.
(a) The prospective
employing agency shall ensure that only personnel necessary to the employment
decision have access to drug test records.
(b) All records pertaining to drug tests
performed pursuant to sub. (1) shall remain confidential, except that the
records may be released to:
1. To the
board.
2. To the prospective
employing agency or any other prospective employing agency.
3. To the applicant or applicant's
designee.
4. To the prospective
employing agency's designee, or the board's designee for a purpose related to
or in conjunction with an applicant's challenge to a positive test result or an
administrative action, court proceeding, or other proceeding in which the
applicant challenges a denial of employment or board certification.
5. By lawful order of a court.
6. As otherwise required by law.
(c) An applicant may provide
written permission for any other release of records pertaining to the drug
tests.
(d) The prospective
employing agency shall provide copies of all necessary documentation and
reports under this section to the board.
