Section 213.4 - Required Components for Drug TestingAny drug testing or retesting procedure conducted pursuant to sections 213 or 213.2 must be approved by the Department and shall include all of the following:
(a) The drug screening methodology to be used, which shall be a type of immunoassay, except that another method may be used if a department can demonstrate that it is equally reliable as immunoassay.(b) The drugs to be tested which shall include at least the following drugs of abuse: (1) Amphetamines and Methamphetamines(3) Marijuana/Cannabinoids (THC)(c) Cutoff levels for screening tests that will identify positive samples while minimizing false positive test results.(d) An authorization to test form which shall include at least the following: (1) A list of the specific drugs to be tested for, and a description of the consequences of failing the drug test as specified in section 213.5.(2) A signature block, to be signed by the applicant before the drug test begins, authorizing the test to proceed and authorizing the necessary disclosure of medical information pursuant to section 213.4.(3) A statement that applicants who decline to sign the form or decline to be tested will be disqualified from the examination.(e)(1) A requirement that the applicant disclose on a form, separate from the authorization to test form, all drugs and other medications taken, whether prescribed or not, within the 14 days prior to testing. This information shall be examined only by the appointing power and only if the applicant has a positive confirmatory drug test, except that for purposes of administering section 213.6, this information may be examined by the Board and staff authorized to investigate and/or hear appeals.(2) A requirement that the appointing power utilize a Medical Review Officer, who shall be a licensed physician with knowledge of substance abuse, to review and interpret positive results of confirmatory tests and the information submitted by the applicant pursuant to section 213.4(e)(1), determine whether the result may have been caused for any medically acceptable reason, such as prescribed or over the counter medications, and report to the appointing power his/her opinion as to the cause of the positive drug test. In the process of making this decision, the Medical Review Officer may request the applicant to provide additional information regarding all drugs and other medications taken.(f) Specimen chain of custody provisions which shall include at least the following: (1) A procedure to assure that a valid specimen is acquired, the donor is properly identified, and that no tampering or mishandling of the specimen occurs from initial collection to final disposition.(2) A written log in which is recorded the name, signature, time of receipt, and time of release of each person handling, testing or storing each specimen, or reporting test results.(3) Collection of specimen samples in a clinical setting such as a laboratory collection station, doctor's office, hospital or clinic, or in another setting approved by the Department on the basis that it provides an equally secure and professional collection process.(g) Procedure for confirmation of positive screening test results utilizing gas chromatography/mass spectrometry (GC/MS).(h) Notices to the applicant which shall be written and based on the following: (1) If the screening test result is negative, the test is concluded, and the applicant has passed the drug test.(2) If the necessary confirmatory test result is negative, the test is concluded, and the applicant has passed the drug test.(3) If both the screening test and the confirmatory test results are positive and the Medical Review Officer's opinion is that the positive test results are not because of prescribed or over the counter medication or for any other medically acceptable reasons, the applicant has failed the drug test.(i) The written notice shall inform the applicant of their right to file an appeal with the Board.(j) Specimen retention and retesting procedure which shall include at least the following: (1) Retention of all confirmed positive specimens and related records by the testing laboratory in secure frozen storage for at least one year following the test or until all appeals or litigation are concluded, whichever is longer.(2) Provisions for retesting of confirmed positive specimens by any laboratory authorized to conduct drug testing pursuant to section 213.3, at the request of an applicant and at the applicant's expense, provided that the request is received within 30 days of notifying the applicant of his/her disqualification. Retesting shall correspond exactly with the initial testing methods and procedures.(k) Provisions for maintaining the confidentiality of test results, which shall include at least the following: (1) The results of any test conducted pursuant to sections 213, 213.2 or 213.4(j)(2) shall be given only to the applicant who was tested, the appointing power or the Department, and cannot be revealed to any other party without the written authorization of the applicant except that for the purposes of administering (A) section 213.5, the Department shall reveal a failed drug test to other State appointing powers who administer an examination for which drug testing is required and for which the individual is an applicant; or (B) section 213.6, the Department may reveal a failed drug test and other relevant information to the Board and staff authorized to investigate and/or hear appeals.(2) The results of any test conducted pursuant to section 213.2 shall not be used in any adverse action proceedings.(3) The information disclosed by the applicant pursuant to section 213.4(e)(1) shall be examined only the appointing power and only if the applicant has a positive confirmatory drug test, except that for purposes of administering section 213.6, this information may be examined by the Board and staff authorized to investigate and/or hear appeals.(4) Drug test results which are positive shall be purged from all records one year from the date the drug test specimen is given except as follows: (A) The retention period for drug test results which are positive for a drug as specified in section 213.5(b) shall be ten years from the date the drug test specimen is given;(B) If a disqualification from an examination as the result of a positive test is appealed or litigated, the drug test results shall be retained until the appeal or litigation is resolved.Cal. Code Regs. Tit. 2, § 213.4
1. New section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2. Change without regulatory effect amending opening sentence, subsections (d)(1)-(2), (e)(1)-(2), (f)(3), (i)(2), (j)(1)-(j)(3) and (j)(4)(A) and NOTE filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
3. Change without regulatory effect amending first paragraph and subsections (d)(1)-(2), (e)(1)-(2), (f)(3), (i)(2), (j)(1)-(3) and (j)(4)(A) and amending NOTE filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
4. Change without regulatory effect amending subsection (h) filed 10-7-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 41).
5. Amendment of subsections (a), (c), (d)(1), (g) and (h)(1)-(2), new subsection (i), subsection relettering and amendment of newly designated subsection (k)(1) filed 7-6-2023; operative 10-1-2023 (Register 2023, No. 27). Note: Authority cited: Sections 18502 and 18701, Government Code. Reference: Section 18930, Government Code; and Section 56.20(c), Civil Code.
1. New section filed 5-1-89; operative 5-31-89 (Register 89, No. 18).
2. Change without regulatory effect amending opening sentence, subsections (d)(1)-(2), (e)(1)-(2), (f)(3), (i)(2), (j)(1)-(j)(3) and (j)(4)(A) and Note filed 9-16-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 39).
3. Change without regulatory effect amending first paragraph and subsections (d)(1)-(2), (e)(1)-(2), (f)(3), (i)(2), (j)(1)-(3) and (j)(4)(A) and amending Note filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).
4. Change without regulatory effect amending subsection (h) filed 10-7-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 41).
5. Amendment of subsections (a), (c), (d)(1), (g) and (h)(1)-(2), new subsection (i), subsection relettering and amendment of newly designated subsection (k)(1) filed 7-6-2023; operative 10/1/2023 (Register 2023, No. 27).