STATE DRUG TESTING LAW 101 BY BILL CURRENT, THE CURRENT CONSULTING GROUP
Alternative Drug Testing: Alternative to What?
Note: This article is provided for educational purposes only and should not be relied upon as legal advice. The reader retains full responsibility to ensure compliance with all applicable laws relative to drug testing.
O
ver the years, I have delivered many presentations on what is commonly referred to as “alternative
drug testing.” And when I do, I always start by explaining what these “alternative” drug testing methods are an alternative to. Of course, the answer is: a traditional, lab-based, urine drug test that involves a professional collector, shipment to a certified laboratory, a screen result and, when necessary, a confirmation test and verification by a medical review officer. Some people refer to this method as the “gold standard” of drug testing. But it’s possible that the alternatives are
starting to become nearly as common as the gold standard. Te term “alternative testing” can refer
to the specimen being used—oral fluid or hair instead of urine—as well as to the actual testing process—a single-use, instant result device instead of a lab-based test. Instant result testing, oſten referred to as point-of- collection or POCT, is growing in popularity. Some experts believe that as many as 10–15 percent of all drug tests are conducted using POCT devices. Some drug testing markets, such as criminal justice, utilize POCT devices more than lab-based tests.
Tough POCT devices are not
permited as part of the U.S. Department of Transportation (DOT) drug and alcohol testing regulations, they are legal in most states. Remember, some states have
mandatory drug testing laws that apply to all workplace drug testing, others have voluntary laws that only apply to certain employers, while yet others do not have any statutory drug testing laws at all. With that in mind, here’s a rundown of the status of state drug testing laws and POCT drug testing, which was included in the September 2012 issue of Focus.
States that prohibit POCT urine: • Kansas • Minnesota • Puerto Rico • Vermont
States that restrict POCT in one or more ways: • California • Maine • Maryland • New Jersey • Nevada • New York • North Carolina • Oregon • Wyoming
Voluntary state laws that prohibit POCT: • Alabama • Arkansas • Kentucky • Ohio • Tennessee
It is important to note that in states
with voluntary drug testing laws, any restriction on POCT only applies to companies participating in the state’s voluntary program. Tis applies to specimens as well—even if a voluntary
52 datia focus summer 2017
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