Section 34-41-103 - Policy requirements(1)(a) A local governmental entity or a state institution of higher education may not test a donor for the presence of drugs, unless the local government entity or state institution of higher education: (i) adopts a written policy or ordinance for the testing;(ii) distributes the policy or ordinance to employees and volunteers; and(iii) makes the policy or ordinance available for review by prospective employees and prospective volunteers.(b) The local governmental entity or state institution of higher education may only test or retest for the presence of drugs in accordance with the policy or ordinance described in Subsection (1)(a).(2) The local government entity or state institution of higher education: (a) shall collect and test samples in accordance with Section 34-41-104; and(b) if otherwise permitted by law, is not limited only to collecting or testing in circumstances where there are indications of job-related impairment of an employee or volunteer.(3) The use and disposition of all drug test results are subject to the limitations of Title 63G, Chapter 2, Government Records Access and Management Act, and the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.(4) A donor who is subject to testing under a policy or ordinance described in Subsection (1)(a) shall: (a) submit an oral sample for testing; or(b) submit a split urine sample for testing or retesting.(5) Unless the policy or ordinance described in Subsection (1)(a) provides otherwise, the local governmental entity or state institution of higher education may specify the type of sample, described in Subsection (4), that the donor is required to submit.(6) A split urine sample shall consist of at least 45 milliliters of urine, divided into two specimen bottles with: (a) at least 30 milliliters of urine in one bottle, for the initial test; and(b) at least 15 milliliters of urine in the other bottle for retesting, if requested under Subsection (7).(7) If the test results of a urine or oral test indicate the presence of drugs, the local governmental entity or state institution of higher education shall: (a) give notice to the donor: (i) of the test results; and(ii) for a urine test, that the donor may, within 72 hours after the local government entity or state institution of higher education provides the notice, request testing of the second sample; and(b) test the second sample if the donor timely requests testing of the second sample.(8) The expense of testing the second urine sample will be equally divided between the donor and the local governmental entity or state institution of higher education.(9) The test results of the samples shall be considered at any subsequent disciplinary hearing if the requirements of this section and Section 34-41-104 are complied with in the collection, handling, and testing of the samples.Amended by Chapter 352, 2024 General Session ,§ 2, eff. 5/1/2024, app. 5/1/2024.Amended by Chapter 382, 2008 General Session.