Section 105.05. Requiring a test for the use of a controlled substance.

 

(1)   Who may be required to undergo drug testing. An individual whose score on the screening questionnaire establishes a reasonable suspicion of abuse of a controlled substance shall be required to undergo a test for the use of a controlled substance.

(2)   Nature of testing required. Testing shall consist of laboratory analysis of a specimen collected from an individual by a drug testing vendor. The department shall provide to each administering agency a list of all controlled substances or metabolites of controlled substances that must be included in the test and cutoff levels for the initial test and cutoff levels for a confirmation test that may be used. The department may add or delete controlled substances or metabolites that must be included in the laboratory test to reflect changes in pre-employment drug testing practices of Wisconsin employers. A positive test result on the initial test shall be confirmed through a confirmation test from the original specimen collected from the individual.

(3)   Contract for testing services. Subject to the department's approval, the administering agency may contract with a qualified drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, and provide review by a medical review officer. The department may require the administering agency to use a specific testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms can be achieved through a statewide contract.

(4)   Refusal to submit to a test. An individual refuses to submit to a test if the individual does any of the following:

(a) Fails or refuses to provide a specimen during an appointment scheduled by the administering agency for that purpose.

(b) Fails or refuses to appear for a test at the time and place directed by the administering agency.

(c) Fails or refuses to complete a form or release of information required for testing, including those required by the drug testing vendor that permit the drug testing vendor to report test results to the department or administering agency.

(d) Fails or refuses to provide a valid specimen for testing.

(e) Fails or refuses to provide verification of identity to the testing drug testing vendor.

(f) Fails or refuses to cooperate with the medical review officer, including refusal to complete an interview or answer questions or refusal to provide records necessary to demonstrate possession of a valid prescription.

(5)   Effect of refusal to submit to a test. An individual who refuses to submit to a test under sub. (4) is ineligible to participate in a work experience program until the individual submits to a test. The administering agency may direct an individual who has refused to submit to a test under sub. (4) and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 business days after the individual agrees to submit to a test. The individual may not participate in a work experience program until the individual undergoes a test for the use of a controlled substance and test results have been reported to the administering agency.

(6)   Requirement for a confirmation test. If an individual tests positive for the use of a controlled substance, the drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial test. All test results that are non-negative shall be interpreted as positive or negative by a drug testing vendor's medical review officer who shall be responsible for determining the presence of a controlled substance.

(7)   Accepting test resul t s from another program. Results of a drug test performed by another state program, including a work experience program under ss. 49.36 , 49.45 (23) (g) , 49.79 (9) (d) , or 108.133 , Stats., or a drug test carried out by the Wisconsin department of corrections, can be used by an administering agency to determine whether to refer an individual to treatment if the prior test results are provided directly to the administering agency, all the controlled substances and metabolites required by the department to be tested under this chapter are included in the prior test results, and the test occurred within the previous 90 days.

(8)   Effect of a negative test. An individual who undergoes a test for the use of a controlled substance under this subsection and tests negative for use of a controlled substance or tests positive for use of a controlled substance but provides evidence of a valid prescription for each controlled substance for which the individual tests positive will have fully satisfied the requirements of this chapter and may participate in a work experience program without further screening, testing, or treatment.

(9)   Effect of a positive test. An individual whose test results are positive for a controlled substance or metabolite tested and who fails to present evidence of a valid prescription for the controlled substance shall be required to participate in treatment under s. DCF 105.06 .

History: EmR1523 : emerg. cr., eff. 11-9-15; CR 15-091 : cr. Register June 2016 No. 726 , eff. 7-1-16.

Note

The federal Centers for Medicare & Medicaid Services (CMS) regulates all laboratory testing (except research) performed on humans in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA). Any entity or facility performing drug or alcohol testing or screening on specimens derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings is considered a laboratory and must obtain an appropriate CLIA certificate and meet the applicable CLIA standards or cease testing. Microsoft Windows NT 6.1.7601 Service Pack 1 For information about CLIA, see: https://www.cms.gov/Regulations-and-Guidance/Legislation/CLIA/index.html . To obtain an application for CLIA certification contact the Wisconsin Department of Health Services Division of Quality Assurance at: [e-mail] Microsoft Windows NT 6.1.7601 Service Pack 1