§329B-2.5 - Exemptions.

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

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

(2)  Tests for alcohol under chapter 286 or chapter
291;

(3)  Tests made pursuant to subpart C of the Mandatory
Guidelines for Federal Workplace Drug Testing Programs (53 Federal Register
11986); and

(4)  Substance abuse testing of individuals under the
supervision or custody of the judiciary, the department of public safety, the
Hawaii paroling authority, and the office of youth services.  However, these
state governmental entities shall establish chain of custody procedures which
require that all specimens be sealed and coded in the presence of the
individual being tested and that the individual shall sign an approved form acknowledging
that the specimen has been sealed and coded in the individual’s presence.  The
procedure shall include a tracking form documenting the handling and storage of
the specimen from collection to final disposition of the specimen.  The
individual also shall be afforded the option of a confirmatory test by a
licensed, certified laboratory.  The cost of the confirmatory test shall be
paid for by the State; provided that in those instances where a positive test
result is confirmed, the individual shall be charged with the cost of the
confirmation test.  Test results shall not require review by a medical review
officer.  Positive test results of substance abuse testing and the availability
of a confirmatory test shall be provided to the individual in writing.  A
positive test result from a substance abuse test that fails to meet the
requirements of this section shall not be reported or recorded. [L 1993, c 158,
§1]