Session of 2000
By Committee on Health and Human Services

  9             AN  ACT concerning laboratories; on-site drug tests; amending K.S.A.
10             1999 Supp. 65-1,108 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1999 Supp. 65-1,108 is hereby amended to read as
14       follows: 65-1,108. (a) It shall be unlawful for any person or laboratory to
15       perform tests to evaluate biological specimens for the presence of con-
16       trolled substances included in schedule I or II of the uniform controlled
17       substances act or metabolites thereof, unless the laboratory in which such
18       tests are performed has been approved by the secretary of health and
19       environment to perform such tests. Any person violating any of the pro-
20       visions of this section shall be deemed guilty of a class B misdemeanor.
21             (b) As used in this section and in K.S.A. 65-1,107 and amendments
22       thereto, "laboratory" shall not include: (1) The office or clinic of a person
23       licensed to practice medicine and surgery in which laboratory tests are
24       performed as part of and incidental to the examination or treatment of a
25       patient of such person; (2) the Kansas bureau of investigation forensic
26       laboratory; (3) urinalysis tests for controlled substances performed only
27       for management purposes on inmates, parolees or probationers by per-
28       sonnel of the department of corrections or office of judicial administration
29       and which shall not be used for revoking or denying parole or probation;
30       (4) urinalysis tests approved by the secretary of corrections for controlled
31       substances performed by the community corrections programs; (5) uri-
32       nalysis tests approved by the secretary of corrections for controlled sub-
33       stances performed by personnel of the community correctional conser-
34       vation camp in Labette county which is operated under agreements
35       entered into by the secretary of corrections and the board of county com-
36       missioners of Labette county pursuant to K.S.A. 75-52,132 and amend-
37       ments thereto; or (6) urinalysis tests performed for management purposes
38       only by personnel of alcohol and drug treatment programs which are
39       licensed or certified by the secretary of social and rehabilitation services.;
40       or (7) places of employment or occupational health clinics where: (A) On-
41       site drug tests that meet the requirements of the United States food and
42       drug administration for commercial distribution are administered as in-
43       itial screening tests according to the United States food and drug admin-


  1       istration package insert that accompanies the test and where the operator
  2       who administers the on-site test has been trained in the use and admin-
  3       istering of the on-site screening test by the manufacturer of the on-site
  4       screening test or the manufacturer's designee; (B) the employer or occu-
  5       pational health clinic adheres to any rules and regulations adopted by the
  6       secretary of health and environment, which the secretary is hereby au-
  7       thorized to adopt, pertaining to specimen collection, urine specimen, ship-
  8       ping of specimens, chain of custody and confidentiality that may be ap-
  9       plicable to on-site drug testing; (C) if an on-site screening test obtains a
10       test result that indicates the presence of drugs or the metabolites of drugs,
11       and if the test result may be used to deny or deprive a person of employ-
12       ment or any benefit, or may otherwise result in an adverse action being
13       taken against the person, the same sample that produced the test result is
14       submitted for a confirmatory test to a testing laboratory licensed or ap-
15       proved by the secretary of health and environment. 
16       Sec.  2. K.S.A. 1999 Supp. 65-1,108 is hereby repealed.
17        Sec.  3. This act shall take effect and be in force from and after its
18       publication in the statute book.