Sec. 644.252. REPORT OF REFUSAL AND CERTAIN RESULTS


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  • (a) An employer required to conduct alcohol and drug testing of an employee who holds a commercial driver's license under Chapter 522 under federal safety regulations as part of the employer's drug testing program or consortium, as defined by 49 C.F.R. Part 382, shall report to the department:

    (1) a valid positive result on an alcohol or drug test performed and whether the specimen producing the result was a dilute specimen, as defined by 49 C.F.R. Section 40.3;

    (2) a refusal to provide a specimen for an alcohol or drug test; or

    (3) an adulterated specimen or substituted specimen, as those terms are defined by 49 C.F.R. Section 40.3, on an alcohol or drug test performed.

    (b) The department shall maintain the information provided under this section.

    (c) Information maintained under this section is confidential and only subject to release as provided by Section 521.053.

Added by Acts 2005, 79th Leg., Ch. 9 , Sec. 2, eff. September 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 367 , Sec. 1, eff. September 1, 2007.