Kentucky Statutes 351.183 – Contracts for specimen collection and laboratory testing services — Standards, procedures, and protocol — Criteria for proof from other sources — Annual publication of certified collection and testing providers
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(1) The division may contract with qualified companies to provide the collection of samples and administer the required drug and alcohol tests. The contract may provide that the collection of samples or testing be subcontracted, except that the contract shall require:
(a) The contractor and any subcontractors to follow all standards, procedures, and protocols set forth by the United States Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) for the collection and testing required by KRS § 351.182 and this section;
(b) The contractor’s or subcontractor’s drug-testing protocol shall be a ten (10) panel test described in KRS § 351.182(8) and any other test required by order of the Mine Safety Review Commission; and
(c) The contractor or the subcontractor shall provide a medical review officer
(MRO) who shall:
1. Possess the ability and medical training necessary to verify positive confirmed test results and evaluate those results in relation to an applicant’s medical history or other biomedical information; and
2. Follow all procedures outlined in the SAMHSA Medical Review Officer
Manual.
(2) The director of the Division of Mine Safety may accept proof of drug- and alcohol- free status from other sources whose tests conform to the requirements set forth in KRS § 351.182(7) and (8) and in accordance with KRS § 351.182(2)(b) under the following conditions:
(a) An applicant shall submit a request for acceptance of his or her drug-and alcohol-free status to the director accompanied by pass/fail results of a drug and alcohol test taken within thirty (30) days prior to the request; and
(b) The test results shall have been performed by laboratories certified in accordance with the National Laboratory Certification Program (NLCP) by the United States Department of Health and Human Services Administration’s SAMHSA and in accordance with subsection (1) of this section.
(3) The division shall maintain and publish annually a list of certified specimen collection services and testing laboratories from which it will accept data.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 22, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 89, sec. 5, effective July 12, 2012. — Created 2006 Ky. Acts ch.
241, sec. 3, effective July 12, 2006.
Legislative Research Commission Note (6/24/2015). In codifying subsection (2)(a) of this statute, the Reviser of Statutes has changed the term “executive director” to “director.” This substitution is consistent with amendments adopted in 2015 Ky. Acts ch. 87 reorganizing the Department for Natural Resources. The Reviser has made this change under the authority of KRS § 7.136(2).
(a) The contractor and any subcontractors to follow all standards, procedures, and protocols set forth by the United States Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration (SAMHSA) for the collection and testing required by KRS § 351.182 and this section;
Terms Used In Kentucky Statutes 351.183
- Commission: means the Mine Safety Review Commission created by KRS
351. See Kentucky Statutes 351.010 - Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department for Natural Resources. See Kentucky Statutes 351.010
- Director: means the director of the Division of Mine Safety. See Kentucky Statutes 351.010
- Division: means the Division of Mine Safety. See Kentucky Statutes 351.010
- Mine: means any open pit or any underground workings from which coal is produced for sale, exchange, or commercial use, and all shafts, slopes, drifts, or inclines leading thereto, and includes all buildings and equipment, above or below the surface of the ground, used in connection with the workings. See Kentucky Statutes 351.010
- Statute: A law passed by a legislature.
(b) The contractor’s or subcontractor’s drug-testing protocol shall be a ten (10) panel test described in KRS § 351.182(8) and any other test required by order of the Mine Safety Review Commission; and
(c) The contractor or the subcontractor shall provide a medical review officer
(MRO) who shall:
1. Possess the ability and medical training necessary to verify positive confirmed test results and evaluate those results in relation to an applicant’s medical history or other biomedical information; and
2. Follow all procedures outlined in the SAMHSA Medical Review Officer
Manual.
(2) The director of the Division of Mine Safety may accept proof of drug- and alcohol- free status from other sources whose tests conform to the requirements set forth in KRS § 351.182(7) and (8) and in accordance with KRS § 351.182(2)(b) under the following conditions:
(a) An applicant shall submit a request for acceptance of his or her drug-and alcohol-free status to the director accompanied by pass/fail results of a drug and alcohol test taken within thirty (30) days prior to the request; and
(b) The test results shall have been performed by laboratories certified in accordance with the National Laboratory Certification Program (NLCP) by the United States Department of Health and Human Services Administration’s SAMHSA and in accordance with subsection (1) of this section.
(3) The division shall maintain and publish annually a list of certified specimen collection services and testing laboratories from which it will accept data.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 87, sec. 22, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 89, sec. 5, effective July 12, 2012. — Created 2006 Ky. Acts ch.
241, sec. 3, effective July 12, 2006.
Legislative Research Commission Note (6/24/2015). In codifying subsection (2)(a) of this statute, the Reviser of Statutes has changed the term “executive director” to “director.” This substitution is consistent with amendments adopted in 2015 Ky. Acts ch. 87 reorganizing the Department for Natural Resources. The Reviser has made this change under the authority of KRS § 7.136(2).