(a) Prior to the collection of any sample for substance abuse testing, the individual to be tested shall receive a written statement of the specific substances to be tested for and a statement that over-the-counter medications or prescribed drugs may result in a positive test result.
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Terms Used In Hawaii Revised Statutes 329B-5

  • Director: means the director of health. See Hawaii Revised Statutes 329B-2
  • Medical review officer: means an individual who has knowledge of substance abuse disorders and toxicology as determined by the department, and is appointed by the third party to receive, review, and interpret the results of laboratory tests requested by the third party. See Hawaii Revised Statutes 329B-2
  • Positive test result: means a finding through confirmatory testing of the presence of drugs, alcohol, or the metabolites of drugs in the sample tested in the levels at or above the cutoff levels established by the director. See Hawaii Revised Statutes 329B-2
  • Third party: means any person, agency, employer or any other entity who requests substance abuse testing of another person or persons. See Hawaii Revised Statutes 329B-2
(b) In accordance with this section, the director shall adopt rules pertaining to:

(1) The qualifications, responsibilities, and licensing of the medical review officer;
(2) The method of transmittal of laboratory test results and any interpretations of test results to the third party and the tested individual; and
(3) The obtaining, disclosure, and confidentiality of substance abuse testing information.
(c) No laboratory, including a substance abuse on-site screening location, may test for any substance not included on the written statement containing the specific substances to be tested for.
(d) As used in this section, “test results” means laboratory test results or the results of substance abuse on-site screening tests.

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