[§329B-2.5]  Exemptions.  Thischapter does not apply to:

(1)  Toxicology tests used in the direct clinicalmanagement of patients;

(2)  Tests for alcohol under chapter 286 or chapter291;

(3)  Tests made pursuant to subpart C of the MandatoryGuidelines for Federal Workplace Drug Testing Programs (53 Federal Register11986); and

(4)  Substance abuse testing of individuals under thesupervision or custody of the judiciary, the department of public safety, theHawaii paroling authority, and the office of youth services.  However, thesestate governmental entities shall establish chain of custody procedures whichrequire that all specimens be sealed and coded in the presence of theindividual being tested and that the individual shall sign an approved form acknowledgingthat the specimen has been sealed and coded in the individual’s presence.  Theprocedure shall include a tracking form documenting the handling and storage ofthe specimen from collection to final disposition of the specimen.  Theindividual also shall be afforded the option of a confirmatory test by alicensed, certified laboratory.  The cost of the confirmatory test shall bepaid for by the State; provided that in those instances where a positive testresult is confirmed, the individual shall be charged with the cost of theconfirmation test.  Test results shall not require review by a medical reviewofficer.  Positive test results of substance abuse testing and the availabilityof a confirmatory test shall be provided to the individual in writing.  Apositive test result from a substance abuse test that fails to meet therequirements of this section shall not be reported or recorded. [L 1993, c 158,§1]