Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 558 (2025GS)

Sponsor

Rep. Maloy, A. Cory

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies the definition of "sample" to include oral fluid;
• provides that a local government entity or state institution of higher education may require that a donor submit a blood, breath, oral fluid, hair, or urine sample for drug testing; and
• modifies the requirement that an entity independent of the local governmental entity or state institution of higher education collect samples for drug testing by allowing a collection method that complies with instructions prepared by an independent entity.

Every vote on this bill

Bill text

7
34-41-101
34-41-103
34-41-104
Local Government Drug Testing Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions relating to drug testing by government entities. 
Highlighted Provisions:
This bill:
modifies the definition of "sample" to include oral fluid;
provides that a local government entity or state institution of higher education may 
require that a donor submit a blood, breath, oral fluid, hair, or urine sample for drug 
testing; and
modifies the requirement that an entity independent of the local governmental entity or 
state institution of higher education collect samples for drug testing by allowing a 
collection method that complies with instructions prepared by an independent entity.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
34-41-101
, as last amended by Laws of Utah 2024, Chapter 352
34-41-103
, as repealed and reenacted by Laws of Utah 2024, Chapter 352
34-41-104
, as last amended by Laws of Utah 2024, Chapter 352
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
34-41-101
 is amended to read:
34-41-101. Definitions.
As used in this chapter:
(1)
"Donor" means an employee, a volunteer, a prospective employee, or a prospective 
volunteer of a local government entity or a state institution of higher education.
(2)
"Drug" means any substance recognized as a drug in the United States Pharmacopeia, 
the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, 
including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of 
those compendia.
(3)
"Drug testing" means the scientific analysis for the presence of drugs or their 
metabolites in the human body in accordance with the definitions and terms of this 
chapter.
(4)
"Local governmental employee" means any person or officer in the service of a local 
governmental entity or state institution of higher education for compensation.
(5)
(a)
"Local governmental entity" means any political subdivision of Utah including 
any county, municipality, local school district, special district, special service district, 
or any administrative subdivision of those entities.
(b)
"Local governmental entity" does not mean Utah state government or its 
administrative subdivisions provided for in Sections 
63A-17-1001
 through 
63A-17-1006
.
(6)
"Periodic testing" means preselected and preannounced drug testing of employees or 
volunteers conducted on a regular schedule.
(7)
"Prospective employee" means any person who has made a written or oral application to 
become an employee of a local governmental entity or a state institution of higher 
education.
(8)
"Random testing" means the unannounced drug testing of an employee or volunteer 
who was selected for testing by using a method uninfluenced by any personal 
characteristics other than job category.
(9)
"Reasonable suspicion for drug testing" means an articulated belief based on the 
recorded specific facts and reasonable inferences drawn from those facts that a local 
government employee or volunteer is in violation of the drug-free workplace policy.
(10)
"Rehabilitation testing" means unannounced but preselected drug testing done as part 
of a program of counseling, education, and treatment of an employee or volunteer in 
conjunction with the drug-free workplace policy.
(11)
"Safety sensitive position" means any local governmental or state institution of higher 
education position involving duties which directly affects the safety of governmental 
employees, the general public, or positions where there is access to controlled 
substances, as defined in Title 58, Chapter 37, Utah Controlled Substances Act, during 
the course of performing job duties.
(12)
"Sample" means urine, blood, breath, 
saliva
oral fluid
, or hair.
(13)
"State institution of higher education" means the institution as defined in Section 
53B-3-102
.
(14)
"Volunteer" means any person who donates services as authorized by the local 
governmental entity or state institution of higher education without pay or other 
compensation except expenses actually and reasonably incurred.
Section 2, Section 
34-41-103
 is amended to read:
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
a blood, breath, oral fluid, or hair
 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
sample
 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.
Section 3, Section 
34-41-104
 is amended to read:
34-41-104. Requirements for identification, collection, and testing of samples.
(1)
The local governmental entity or state institution of higher education shall ensure that:
(a)
all sample collection under this chapter is performed
 in accordance with instructions 
prepared
 by an entity independent of the local government or state institution of 
higher education;
(b)
all testing for drugs under this chapter is performed by an independent laboratory 
certified for employment drug testing by either the Substance Abuse and Mental 
Health Services Administration or the College of American Pathology;
(c)
the instructions, chain of custody forms, and collection kits, including containers and 
seals, used for sample collection are prepared by an independent laboratory certified 
for employment drug testing by either the Substance Abuse and Mental Health 
Services Administration or the College of American Pathology; and
(d)
sample collection and testing for drugs under this chapter is in accordance with the 
requirements of this section.
(2)
The local governmental entity or state institution of higher education may:
(a)
in accordance with a policy or ordinance described in Subsection 
34-41-103
(1)(a), 
require samples from a donor;
(b)
require presentation of reliable identification to the person collecting the samples; and
(c)
in order to dependably test for the presence of drugs, designate the type of sample to 
be used for testing.
(3)
The local governmental entity or state institution of higher education shall ensure that 
the local governmental entity's or state institution of higher education's ordinance or 
policy requires that:
(a)
the collection of samples is performed under reasonable and sanitary conditions;
(b)
samples are collected and tested:
(i)
to ensure the privacy of the individual being tested; and
(ii)
in a manner reasonably calculated to prevent substitutions or interference with the 
collection or testing of reliable samples;
(c)
sample collection is appropriately documented to ensure that:
(i)
samples are labeled and sealed to reasonably preclude the probability of 
erroneous identification of test results; and
(ii)
a donor has the opportunity to provide notification of any information:
(A)
that a donor considers relevant to the test, including identification of currently 
or recently used prescription or nonprescription drugs or other relevant medical 
information; and
(B)
in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 
12101 through 12213;
(d)
sample collection, storage, and transportation to the place of testing are performed in 
a manner that reasonably precludes the probability of sample misidentification, 
contamination, or adulteration; and
(e)
sample testing conforms to scientifically accepted analytical methods and procedures.
(4)
Before the result of any test may be used as a basis for any action by a local 
governmental entity or state institution of higher education under Section 
34-41-105
, the 
local governmental entity or state institution of higher education shall
:
(a)
verify or confirm any positive initial screening test by gas chromatography, gas 
chromatography-mass spectroscopy, or other comparably reliable analytical methods; 
and 
(b)
provide the notice described in Subsection 
34-41-103
(7), as soon as possible after a 
positive test result, at the last known address or telephone number of the donor.
(5)
Any drug testing
Except for drug testing of a prospective employee or a prospective 
volunteer, drug testing
 by a local governmental entity or state institution of higher 
education shall occur during or immediately after the regular work period of the 
employee or volunteer and shall be considered as work time for purposes of 
compensation and benefits.
(6)
The local governmental entity or state institution of higher education shall pay
:
(a)
all costs of sample collection and initial testing for drugs required under the policy or 
ordinance described in Subsection 
34-41-103
(1)(a)
, 
; and
(b)
including the costs of transportation if the testing of an
if the donor is a current
employee or 
current 
volunteer
 and testing
 is conducted at a place other than the 
workplace
, the costs of transportation to the testing location
.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-26-25 12:26 PM