Bill Text: FL S0890 | 2019 | Regular Session | Comm Sub
Bill Title: Drug-free Workplaces
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Judiciary [S0890 Detail]
Download: Florida-2019-S0890-Comm_Sub.html
Florida Senate - 2019 CS for SB 890 By the Committee on Commerce and Tourism; and Senator Baxley 577-03179-19 2019890c1 1 A bill to be entitled 2 An act relating to drug-free workplaces; amending s. 3 112.0455, F.S.; requiring licensed drug-testing 4 facilities to perform prescreening tests on urine 5 specimens to determine their validity; specifying 6 requirements for such prescreening tests; requiring 7 such facilities to only use certain screening tests; 8 authorizing such facilities to rely on the screening 9 tests to determine if certain confirmation testing is 10 required; providing that urine specimens may not be 11 sent to an out-of-state facility unless the facility 12 complies with certain requirements; authorizing the 13 Agency for Health Care Administration to adopt rules; 14 conforming cross-references; amending s. 440.102, 15 F.S.; revising definitions; revising required 16 information in a written policy statement provided to 17 employees and job applicants before drug testing; 18 revising the frequency of required followup drug 19 testing; revising procedures for specimen collection, 20 testing, and preservation; revising persons who may 21 take or collect specimens for a drug test; revising 22 requirements and procedures for retesting specimens; 23 deleting and revising confidentiality requirements for 24 employers relating to certain information; revising 25 circumstances under which an employer may take certain 26 actions relating to an employee or job applicant on 27 the sole basis of certain positive test results; 28 revising standards for chain-of-custody procedures; 29 revising requirements and authorized actions relating 30 to confirmation testing; requiring licensed drug 31 testing facilities to perform prescreening tests on 32 urine specimens to determine their validity; 33 specifying requirements for such prescreening tests; 34 requiring such facilities to only use certain 35 screening tests; authorizing such facilities to rely 36 on the screening tests to determine if certain 37 confirmation testing is required; providing that urine 38 specimens may not be sent to an out-of-state facility 39 unless the facility complies with certain 40 requirements; authorizing the agency to adopt rules; 41 conforming provisions to changes made by the act; 42 conforming cross-references; amending s. 443.101, 43 F.S.; conforming a cross-reference; providing an 44 effective date. 45 46 WHEREAS, the State of Florida has a profound interest in 47 the health and welfare of its citizens, and 48 WHEREAS, new and emerging drug-testing subversion 49 technologies represent a significant threat to the ability to 50 properly identify those suffering from addiction and drug abuse, 51 and 52 WHEREAS, the Legislature, therefore, seeks to require urine 53 sample validity testing, such that those being tested can be 54 properly and promptly identified for referral to drug treatment 55 programs and other health care services, NOW, THEREFORE, 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1. Present subsections (13) through (17) of section 60 112.0455, Florida Statutes, are redesignated as subsections (14) 61 through (18), respectively, a new subsection (13) is added to 62 that section, and paragraph (b) of subsection (6) and paragraph 63 (a) of present subsection (15) are amended, to read: 64 112.0455 Drug-Free Workplace Act.— 65 (6) NOTICE TO EMPLOYEES.— 66 (b) Prior to testing, all employees and job applicants for 67 employment shall be given a written policy statement from the 68 employer which contains: 69 1. A general statement of the employer’s policy on employee 70 drug use, which shall identify: 71 a. The types of testing an employee or job applicant may be 72 required to submit to, including reasonable suspicion or other 73 basis; and 74 b. The actions the employer may take against an employee or 75 job applicant on the basis of a positive confirmed drug test 76 result. 77 2. A statement advising the employee or job applicant of 78 the existence of this section. 79 3. A general statement concerning confidentiality. 80 4. Procedures for employees and job applicants to 81 confidentially report the use of prescription or nonprescription 82 medications both before and after being tested. Additionally, 83 employees and job applicants shall receive notice of the most 84 common medications by brand name or common name, as applicable, 85 as well as by chemical name, which may alter or affect a drug 86 test. A list of such medications shall be developed by the 87 Agency for Health Care Administration. 88 5. The consequences of refusing to submit to a drug test. 89 6. Names, addresses, and telephone numbers of employee 90 assistance programs and local alcohol and drug rehabilitation 91 programs. 92 7. A statement that an employee or job applicant who 93 receives a positive confirmed drug test result may contest or 94 explain the result to the employer within 5 working days after 95 written notification of the positive test result. If an employee 96 or job applicant’s explanation or challenge is unsatisfactory to 97 the employer, the person may contest the drug test result as 98 provided by subsections (15)(14)and (16)(15). 99 8. A statement informing the employee or job applicant of 100 his or her responsibility to notify the laboratory of any 101 administrative or civil actions brought pursuant to this 102 section. 103 9. A list of all drugs for which the employer will test, 104 described by brand names or common names, as applicable, as well 105 as by chemical names. 106 10. A statement regarding any applicable collective 107 bargaining agreement or contract and the right to appeal to the 108 Public Employees Relations Commission. 109 11. A statement notifying employees and job applicants of 110 their right to consult the testing laboratory for technical 111 information regarding prescription and nonprescription 112 medication. 113 (13) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING. 114 Before a drug testing facility licensed under part II of chapter 115 408 may perform any drug-screening test on a urine specimen 116 collected in this state, prescreening tests must be performed to 117 determine the validity of the specimen. The prescreening tests 118 must be capable of detecting, or detecting and defeating, novel 119 or emerging urine drug testing subversion technologies as 120 described in this subsection. 121 (a) The drug-testing facility shall use urine sample 122 validity screening tests that meet all of the following 123 criteria: 124 1. A urine sample validity screening test for creatinine 125 must use a 20 mg/dL cutoff concentration and must have minimal 126 interferences from bilirubin and blood in the urine. The urine 127 sample validity screening test must be able to discriminate 128 between a creatinine level from an unadulterated urine sample 129 and a creatinine level arising from overhydration or creatine or 130 protein loading. 131 2. A urine sample validity screening test for oxidants must 132 be able to detect the presence or effects of oxidant adulterants 133 up to 6 days after sample collection, under the sample storage 134 conditions outlined in the laboratory standards guideline 135 adopted by rule by the Agency for Health Care Administration, 136 and after any sample transport that is routinely involved. 137 3. Urine sample validity screening tests must be able to 138 detect synthetic or freeze-dried urine substituted for the 139 donor’s urine for drug testing. 140 4. Urine sample validity screening tests must be validated 141 for the detection of all of the additional adulterant classes 142 represented by glutaraldehyde, salt, heavy metals, cationic 143 detergents, protease, strong alkaline buffers, and strong acidic 144 buffers. The detection limits of these classes must be at a 145 sufficient level to detect a nonphysiologic sample or 146 interference with enzyme immunoassay drug screening tests. 147 (b) The drug-testing facility may only use urine sample 148 validity screening tests that have undergone validation studies 149 conducted by the manufacturer to document the product’s 150 conformance to the requirements of this subsection. 151 (c) A drug-testing facility may rely on urine sample 152 validity screening tests to determine if confirmation testing is 153 required for any urine sample that has been deemed invalid for 154 drug screening. 155 (d) Urine specimens collected in this state may not be sent 156 for drug screening tests to a drug-testing facility located 157 outside of this state unless such drug testing facility complies 158 with all requirements of this subsection. 159 (e) The Agency for Health Care Administration shall adopt 160 rules necessary for the implementation and enforcement of this 161 subsection. 162 (16)(15)NONDISCIPLINE REMEDIES.— 163 (a) Any person alleging a violation of the provisions of 164 this section, whothatis not remediable by the commission or an 165 arbitrator pursuant to subsection (15)(14), must institute a 166 civil action for injunctive relief or damages, or both, in a 167 court of competent jurisdiction within 180 days of the alleged 168 violation, or be barred from obtaining the following relief. 169 Relief is limited to: 170 1. An order restraining the continued violation of this 171 section. 172 2. An award of the costs of litigation, expert witness 173 fees, reasonable attorney’s fees, and noneconomic damages 174 provided that damages shall be limited to the recovery of 175 damages directly resulting from injury or loss caused by each 176 violation of this section. 177 Section 2. Present subsections (9) through (15) of section 178 440.102, Florida Statutes, are redesignated as subsections (10) 179 through (16), respectively, a new subsection (9) is added to 180 that section, and paragraphs (c), (e), and (q) of subsection 181 (1), paragraph (a) of subsection (3), paragraph (a) of 182 subsection (4), paragraphs (b) through (h), (j), (k), and (l) of 183 subsection (5), subsection (6), paragraph (a) of subsection (7), 184 and paragraphs (b) and (c) of present subsection (9) of that 185 section are amended, to read: 186 440.102 Drug-free workplace program requirements.—The 187 following provisions apply to a drug-free workplace program 188 implemented pursuant to law or to rules adopted by the Agency 189 for Health Care Administration: 190 (1) DEFINITIONS.—Except where the context otherwise 191 requires, as used in this act: 192 (c) “Drug” means any form of alcohol, as defined in s. 193 322.01(2), including a distilled spirit, wine, a malt beverage, 194 or an intoxicating preparation; any controlled substance 195 identified under Schedule I, Schedule II, Schedule III, Schedule 196 IV, or Schedule V of s. 893.03; any controlled substance 197 identified under Schedule I, Schedule II, Schedule III, Schedule 198 IV, or Schedule V of the Controlled Substances Act, 21 U.S.C. s. 199 812(c);liquor; an amphetamine; a cannabinoid; cocaine;200phencyclidine (PCP); a hallucinogen; methaqualone; an opiate; a201barbiturate; a benzodiazepine; a synthetic narcotic; a designer202drug;or a metabolite of any of the substances listed in this 203 paragraph. An employer may test an individual for any or all of 204 such drugs. 205 (e) “Drug test” or “test” means any chemical, biological, 206 or physical instrumental analysis administered,by a laboratory 207 certified by the United States Department of Health and Human 208 Services or licensed by the Agency for Health Care 209 Administration,for the purpose of determining the presence or 210 absence of a drug or its metabolites. In the case of testing for 211 the presence of alcohol, the test must be conducted in 212 accordance with the United States Department of Transportation 213 alcohol testing procedures authorized under 49 C.F.R. part 40, 214 subparts J through M. 215 (q) “Specimen” means tissue, hair, or a product of the 216 human body capable of revealing the presence of drugs or their 217 metabolites, as approved by the United States Food and Drug 218 Administration,orthe Agency for Health Care Administration, 219 the United States Department of Health and Human Services, or 220 the United States Department of Transportation. 221 (3) NOTICE TO EMPLOYEES AND JOB APPLICANTS.— 222 (a) One time only, beforeprior totesting, an employer 223 shall give all employees and job applicants for employment a 224 written policy statement thatwhichcontains: 225 1. A general statement of the employer’s policy on employee 226 drug use, which must identify: 227 a. The types of drug testing an employee or job applicant 228 may be required to submit to, including reasonable-suspicion 229 drug testing or drug testing conducted on any other basis. 230 b. The actions the employer may take against an employee or 231 job applicant on the basis of a positive confirmed drug test 232 result. 233 2. A statement advising the employee or job applicant of 234 the existence of this section. 235 3. A general statement concerning confidentiality. 236 4. Procedures for employees and job applicants to 237 confidentially report to a medical review officer the use of 238 prescription or nonprescription medicationsto a medical review239officer both before and after being tested. 240 5. A list of the most common medications, by brand name or 241 common name, as applicable, as well as by chemical name, which 242 may alter or affect a drug test. A list of such medications as 243 developed by the Agency for Health Care Administration shall be 244 available to employers through the department. 245 6. The consequences of refusing to submit to a drug test. 246 7. A representative sampling of names, addresses, and 247 telephone numbers of employee assistance programs and local drug 248 rehabilitation programs. 249 8. A statement that an employee or job applicant who 250 receives a positive confirmed test result may contest or explain 251 the result to the medical review officer within 5 working days 252 after receiving written notification of the test result; that if 253 an employee’s or job applicant’s explanation or challenge is 254 unsatisfactory to the medical review officer, the medical review 255 officer shall report a positive test result back to the 256 employer; and that a person may contest the drug test result 257 pursuant to law or to rules adopted by the Agency for Health 258 Care Administration. 259 9. A statement informing the employee or job applicant of 260 his or her responsibility to notify the laboratory of any 261 administrative or civil action brought pursuant to this section. 262 10. A list of all drugs for which the employer will test, 263 described bybrand name orcommon name, as applicable, as well 264 as by chemical name. 265 11. A statement regarding any applicable collective 266 bargaining agreement or contract and the right to appeal to the 267 Public Employees Relations Commission or applicable court. 268 12. A statement notifying employees and job applicants of 269 their right to consult with a medical review officer for 270 technical information regarding prescription or nonprescription 271 medication. 272 (4) TYPES OF TESTING.— 273 (a) An employer is required to conduct the following types 274 of drug tests: 275 1. Job applicant drug testing.—An employer must require job 276 applicants to submit to a drug test and may use a refusal to 277 submit to a drug test or a positive confirmed drug test as a 278 basis for refusing to hire a job applicant. 279 2. Reasonable-suspicion drug testing.—An employer must 280 require an employee to submit to reasonable-suspicion drug 281 testing. 282 3. Routine fitness-for-duty drug testing.—An employer must 283 require an employee to submit to a drug test if the test is 284 conducted as part of a routinely scheduled employee fitness-for 285 duty medical examination that is part of the employer’s 286 established policy or that is scheduled routinely for all 287 members of an employment classification or group. 288 4. Followup drug testing.—If the employee in the course of 289 employment enters an employee assistance program for drug 290 related problems, or a drug rehabilitation program, the employer 291 must require the employee to submit to a drug test as a followup 292 to such program, unless the employee voluntarily entered the 293 program. In those cases, the employer has the option to not 294 require followup testing. If followup testing is required, it 295 must be conducted at least 6 times in the first year, and may be 296 conducted twice for 1 additional yearonce a year for a 2-year297periodafter completion of the program. Advance notice of a 298 followup testing date must not be given to the employee to be 299 tested. 300 (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen 301 collection and testing for drugs under this section shall be 302 performed in accordance with the following procedures: 303 (b) Specimen collection must be documented, and the 304 documentation procedures shall include the:3051.labeling of specimen containers so as to reasonably 306 preclude the likelihood of erroneous identification of test 307 results. For saliva or breath alcohol testing, a specimen 308 container is not required if the specimen is not being 309 transported to a laboratory for analysis 3102.A form for the employee or job applicant to provide any311information he or she considers relevant to the test, including312identification of currently or recently used prescription or313nonprescription medication or other relevant medical314information. The form must provide notice of the most common315medications by brand name or common name, as applicable, as well316as by chemical name, which may alter or affect a drug test. The317providing of information shall not preclude the administration318of the drug test, but shall be taken into account in319interpreting any positive confirmed test result. 320 (c) Specimen collection, storage, and transportation to a 321 laboratorythe testing siteshall be performed in a manner that 322 reasonably precludes contamination or adulteration of specimens. 323 (d) Each confirmation test conducted under this section, 324 not including the taking or collecting of a specimen to be 325 tested, shall be conducted by a licensed or certified laboratory 326 as described in subsection (10)(9). 327 (e) A specimen for a drug test may be taken or collected by 328 any person who meets the qualification standards for urine or 329 oral fluid specimen collection as specified by the United States 330 Department of Health and Human Services or the United States 331 Department of Transportation. For alcohol testing, a person must 332 meet the United States Department of Transportation standards 333 for a screening test technician or a breath alcohol technician. 334 A hair specimen may be collected and packaged by a person who 335 has been trained and certified by a drug-testing laboratory. A 336 person who directly supervises an employee subject to testing 337 may not serve as the specimen collector for that employee unless 338 there is no other qualified specimen collector availableof the339following persons:3401.A physician, a physician assistant, a registered341professional nurse, a licensed practical nurse, or a nurse342practitioner or a certified paramedic who is present at the343scene of an accident for the purpose of rendering emergency344medical service or treatment.3452.A qualified person employed by a licensed or certified346laboratory as described in subsection (9). 347 (f) A person who collects or takes a specimen for a drug 348 test shall collect an amount sufficient for two independent drug 349 tests, one to screen the specimen and one for confirmation of 350 the screening test results, at a laboratory as determined by the 351 Agency for Health Care Administration. 352 (g) Every specimen that produces a positive, confirmed test 353 result shall be preserved by the licensed or certified 354 laboratory that conducted the confirmation test for a period of 355 at least 1 year after the confirmation test was conducted210356days after the result of the test was mailed or otherwise357delivered to the medical review officer. However, if an employee 358 or job applicant undertakes an administrative or legal challenge 359 to the test result, the employee or job applicant shall notify 360 the laboratory and the sample shall be retained by the 361 laboratory until the case or administrative appeal is settled. 362 During the 60-day180-dayperiod after written notification of a 363 positive test result, the employee or job applicant who has 364 provided the specimen shall be permitted by the employer to have 365 a portion of the specimen retested, at the employee’s or job 366 applicant’s expense, at another laboratory, licensed and 367 approved by the Agency for Health Care Administration, chosen by 368 the employee or job applicant. The second laboratory must test 369 the specimen at the limit of detection for the drug or analyte 370 confirmed by the originalat equal or greater sensitivity for371the drug in question as the firstlaboratory. If the drug or 372 analyte is detected by the second laboratory, the result shall 373 be reported as reconfirmed positive. The first laboratory that 374 performed the test for the employer is responsible for the 375 transfer of the portion of the specimen to be retested, and for 376 the integrity of the chain of custody during such transfer. 377 (h) Within 5 working days after receipt of a positive 378 verifiedconfirmedtest result from the medical review officer, 379 an employer shall inform an employee or job applicant in writing 380 of such positive test result, the consequences of such results, 381 and the options available to the employee or job applicant. The 382 employer shall provide to the employee or job applicant, upon 383 request, a copy of the test results. 384 (j)The employee’s or job applicant’s explanation or385challenge of the positive test result is unsatisfactory to the386employer, a written explanation as to why the employee’s or job387applicant’s explanation is unsatisfactory, along with the report388of positive result, shall be provided by the employer to the389employee or job applicant; andAllsuchdocumentation of a 390 positive test shall be kept confidential by the employer 391 pursuant to subsection (8) and shall be retained by the employer 392 for at least 1 year. 393 (k) An employer may not discharge, discipline, refuse to 394 hire, discriminate against, or request or require rehabilitation 395 of an employee or job applicant on the sole basis of a positive 396 test result that has not been reviewed and verified bya397confirmation test and bya medical review officer, except when a 398 confirmed positive breath alcohol test was conducted in 399 accordance with United States Department of Transportation 400 alcohol testing procedures. 401 (l) An employer that performs drug testing or specimen 402 collection shall use chain-of-custody procedures established by 403 the Agency for Health Care Administration, the United States 404 Department of Health and Human Services, or the United States 405 Department of Transportation to ensure proper recordkeeping, 406 handling, labeling, and identification of all specimens tested. 407 (6) CONFIRMATION TESTING.— 408 (a)If an initial drug test is negative, the employer may409in its sole discretion seek a confirmation test.410(b)Only licensed or certified laboratories as described in411subsection (9) may conduct confirmation drug tests.412(c)All laboratory positive initial tests on a urine, oral 413 fluid, blood, or hair specimen shall be confirmed using gas 414 chromatography/mass spectrometry (GC/MS) or an equivalent or 415 more accurate scientifically accepted method approved by the 416 United States Department of Health and Human Services or the 417 United States Department of TransportationAgency for Health418Care Administration or the United States Food and Drug419Administration as such technology becomes available in a cost420effective form. 421 (b)(d)If aan initialdrug test of an employee or job 422 applicant is confirmed by the laboratory as positive, the 423 employer’s medical review officer shall provide technical 424 assistance to the employer and to the employee or job applicant 425 for the purpose of interpreting the test result to determine 426 whether the result could have been caused by prescription or 427 nonprescription medication taken by the employee or job 428 applicant. 429 (c) For a breath alcohol test, an initial positive result 430 shall be confirmed by a second breath specimen taken and tested 431 using an evidential breath testing device listed on the 432 conforming products list issued by the National Highway Traffic 433 Safety Administration and conducted in accordance with United 434 States Department of Transportation alcohol testing procedures 435 authorized under 49 C.F.R. part 40, subparts J through M. 436 (7) EMPLOYER PROTECTION.— 437 (a) An employee or job applicant whose drug test result is 438 confirmed or verified as positive in accordance with this 439 section shall not, by virtue of the result alone, be deemed to 440 have a “handicap” or “disability” as defined under federal, 441 state, or local handicap and disability discrimination laws. 442 (9) DRUG-TESTING STANDARDS; SAMPLE VALIDITY PRESCREENING. 443 Before a drug-testing facility licensed under part II of chapter 444 408 may perform any drug screening test on a urine specimen 445 collected in this state, prescreening tests must be performed to 446 determine the validity of the specimen. The prescreening tests 447 must be capable of detecting, or detecting and defeating, novel 448 or emerging urine drug-testing subversion technologies as 449 described in this subsection. 450 (a) The drug-testing facility shall use urine sample 451 validity screening tests that meet all of the following 452 criteria: 453 1. A urine sample validity screening test for creatinine 454 must use a 20 mg/dL cutoff concentration and must have minimal 455 interferences from bilirubin and blood in the urine. The urine 456 sample validity screening test must be able to discriminate 457 between a creatinine level from an unadulterated urine sample 458 and a creatinine level arising from overhydration or creatine or 459 protein loading. 460 2. A urine sample validity screening test for oxidants must 461 be able to detect the presence or effects of oxidant adulterants 462 up to 6 days after sample collection, under the sample storage 463 conditions outlined in the laboratory standards guideline 464 adopted by rule by the Agency for Health Care Administration, 465 and after any sample transport that is routinely involved. 466 3. Urine sample validity screening tests must be able to 467 detect synthetic or freeze-dried urine substituted for the 468 donor’s urine for drug testing. 469 4. Urine sample validity screening tests must be validated 470 for the detection of all of the additional adulterant classes 471 represented by glutaraldehyde, salt, heavy metals, cationic 472 detergents, protease, strong alkaline buffers, and strong acidic 473 buffers. The detection limits of these classes must be at a 474 sufficient level to detect a nonphysiologic sample or 475 interference with enzyme immunoassay drug-screening tests. 476 (b) The drug-testing facility may only use urine sample 477 validity screening tests that have undergone validation studies 478 conducted by the manufacturer to document the product’s 479 conformance to the requirements of this subsection. 480 (c) A drug-testing facility may rely on urine sample 481 validity screening tests to determine if confirmation testing is 482 required for any urine sample that has been deemed invalid for 483 drug screening. 484 (d) Urine specimens collected in this state may not be sent 485 for drug-screening tests to a drug-testing facility located 486 outside of this state unless such drug testing facility complies 487 with all requirements of this subsection. 488 (e) The Agency for Health Care Administration shall adopt 489 rules necessary for the implementation and enforcement of this 490 subsection. 491 (10)(9)DRUG-TESTING STANDARDS FOR LABORATORIES.— 492 (b) A laboratory may analyze initial or confirmation test 493 specimens only if: 494 1. The laboratory obtains a license under part II of 495 chapter 408 and s. 112.0455(18)s. 112.0455(17). Each applicant 496 for licensure and each licensee must comply with all 497 requirements of this section, part II of chapter 408, and 498 applicable rules. 499 2. The laboratory has written procedures to ensure the 500 chain of custody. 501 3. The laboratory follows proper quality control 502 procedures, including, but not limited to: 503 a. The use of internal quality controls, including the use 504 of samples of known concentrations which are used to check the 505 performance and calibration of testing equipment, and periodic 506 use of blind samples for overall accuracy. 507 b. An internal review and certification process for drug 508 test results, conducted by a person qualified to perform that 509 function in the testing laboratory. 510 c. Security measures implemented by the testing laboratory 511 to preclude adulteration of specimens and drug test results. 512 d. Other necessary and proper actions taken to ensure 513 reliable and accurate drug test results. 514 (c) A laboratory shall disclose to the medical review 515 officer a written positive confirmed test result report within 7 516 working days after receipt of the sample. All laboratory reports 517 of a drug test result must, at a minimum, state: 518 1. The name and address of the laboratory that performed 519 the test and the positive identification of the person tested. 520 2. Positive results on confirmation tests only, or negative 521 results, as applicable. 522 3. A list of the drugs for which the drug analyses were 523 conducted. 524 4. The type of tests conducted for both initial tests and 525 confirmation tests and the minimum cutoff levels of the tests. 5265.Any correlation between medication reported by the527employee or job applicant pursuant to subparagraph (5)(b)2. and528a positive confirmed drug test result.529 530 A report must not disclose the presence or absence of any drug 531 other than a specific drug and its metabolites listed pursuant 532 to this section. 533 Section 3. Paragraph (b) of subsection (11) of section 534 443.101, Florida Statutes, is amended to read: 535 443.101 Disqualification for benefits.—An individual shall 536 be disqualified for benefits: 537 (11) If an individual is discharged from employment for 538 drug use as evidenced by a positive, confirmed drug test as 539 provided in paragraph (1)(d), or is rejected for offered 540 employment because of a positive, confirmed drug test as 541 provided in paragraph (2)(c), test results and chain of custody 542 documentation provided to the employer by a licensed and 543 approved drug-testing laboratory is self-authenticating and 544 admissible in reemployment assistance hearings, and such 545 evidence creates a rebuttable presumption that the individual 546 used, or was using, controlled substances, subject to the 547 following conditions: 548 (b) Only laboratories licensed and approved as provided in 549 s. 440.102(10)s. 440.102(9), or as provided by equivalent or 550 more stringent licensing requirements established by federal law 551 or regulation may perform the drug tests. 552 Section 4. This act shall take effect July 1, 2019.