§ 213.4. Required Components for Drug Testing.
2 CA ADC § 213.4Barclays Official California Code of RegulationsEffective: October 1, 2023
Effective: October 1, 2023
2 CCR § 213.4
§ 213.4. Required Components for Drug Testing.
Any drug testing or retesting procedure conducted pursuant to sections 213 or 213.2 must be approved by the Department and shall include all of the following:
(e) (1) A requirement that the applicant disclose on a form, separate from the authorization to test form, all drugs and other medications taken, whether prescribed or not, within the 14 days prior to testing. This information shall be examined only by the appointing power and only if the applicant has a positive confirmatory drug test, except that for purposes of administering section 213.6, this information may be examined by the Board and staff authorized to investigate and/or hear appeals.
(2) A requirement that the appointing power utilize a Medical Review Officer, who shall be a licensed physician with knowledge of substance abuse, to review and interpret positive results of confirmatory tests and the information submitted by the applicant pursuant to section 213.4(e)(1), determine whether the result may have been caused for any medically acceptable reason, such as prescribed or over the counter medications, and report to the appointing power his/her opinion as to the cause of the positive drug test. In the process of making this decision, the Medical Review Officer may request the applicant to provide additional information regarding all drugs and other medications taken.
(3) If both the screening test and the confirmatory test results are positive and the Medical Review Officer's opinion is that the positive test results are not because of prescribed or over the counter medication or for any other medically acceptable reasons, the applicant has failed the drug test.
(2) Provisions for retesting of confirmed positive specimens by any laboratory authorized to conduct drug testing pursuant to section 213.3, at the request of an applicant and at the applicant's expense, provided that the request is received within 30 days of notifying the applicant of his/her disqualification. Retesting shall correspond exactly with the initial testing methods and procedures.
(1) The results of any test conducted pursuant to sections 213, 213.2 or 213.4(j)(2) shall be given only to the applicant who was tested, the appointing power or the Department, and cannot be revealed to any other party without the written authorization of the applicant except that for the purposes of administering (A) section 213.5, the Department shall reveal a failed drug test to other State appointing powers who administer an examination for which drug testing is required and for which the individual is an applicant; or (B) section 213.6, the Department may reveal a failed drug test and other relevant information to the Board and staff authorized to investigate and/or hear appeals.
(3) The information disclosed by the applicant pursuant to section 213.4(e)(1) shall be examined only the appointing power and only if the applicant has a positive confirmatory drug test, except that for purposes of administering section 213.6, this information may be examined by the Board and staff authorized to investigate and/or hear appeals.
Credits
Note: Authority cited: Sections 18502 and 18701, Government Code. Reference: Section 18930, Government Code; and Section 56.20(c), Civil Code.
History
1. New section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2. Change without regulatory effect amending opening sentence, subsections (d)(1)-(2), (e)(1)-(2), (f)(3), (i)(2), (j)(1)-(j)(3) and (j)(4)(A) and Note filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
3. Change without regulatory effect amending first paragraph and subsections (d)(1)-(2), (e)(1)-(2), (f)(3), (i)(2), (j)(1)-(3) and (j)(4)(A) and amending Note filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
4. Change without regulatory effect amending subsection (h) filed 10-7-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 41).
5. Amendment of subsections (a), (c), (d)(1), (g) and (h)(1)-(2), new subsection (i), subsection relettering and amendment of newly designated subsection (k)(1) filed 7-6-2023; operative 10-1-2023 (Register 2023, No. 27).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 2, § 213.4, 2 CA ADC § 213.4
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