Section 154.05. Requiring a test for the use of a controlled substance.

 

(1)   Who may be requ i red to undergo testing. A person 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 a person 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 test and cutoff levels for any 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. Any positive test result on the initial drug test shall be confirmed through a confirmation test using the original specimen collected from the person.

(3)   Contract for testing services. Subject to the department's approval, the administering agency may contract with any 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. A person refuses to submit to a test if the person 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 any 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 administering agency.

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

(e) Fails or refuses to provide verification of identity to the 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. A person who refuses to submit to a test under sub. (4) is ineligible to participate in a work experience program until the person submits to a test. The administering agency may direct a person 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 days after the person agrees to submit to a test. A person may not participate in the work experience program until the person undergoes a test for the use of a controlled substance and test results have been reported to the administering agency. If a person refuses to submit to a test for a period longer than 10 days, the administering agency shall inform the clerk of courts by affidavit that the person is not eligible to participate in the program until the person submits to a test.

(6)   Requirement for a confirmation test. If a person 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 drug test. The results of the confirmation test shall be verified by a medical review officer after considering the person's medical history as well as any current valid prescription and use of over-the counter medication. All test results that are non-negative shall be interpreted as positive or negative by the drug testing vendor's medical review officer who shall be responsible for determining the presence of a controlled substance.

(7)   Accepting test results from another program. Results of a drug test performed by another state program, including a program under s. 49.159 (1) (b) , 49.163 , 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 a person 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. A person who undergoes a test for the use of a controlled substance under this section 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 person 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. A person whose test results are positive for any 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 154.06 .

History: EmR1612 : emerg. cr. eff. 3-17-16; CR 16-022 : cr. Register July 2016 No. 727 , eff. 8-1-16.

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