ยง329B-2ย  Definitions.ย  As used in this
[chapter]:



"Confirmatory test" means a drug or
alcohol test that uses a method of analysis determined by the director of
health to be reliable in establishing the identity and quantity of alcohol,
drugs, or metabolites of drugs detected in an initial screening test.



"Department" means the department of
health.



"Director" means the director of
health.



"Drug" means a controlled substance
as defined in chapter 329.



"Medical review officer" means an
individual who has knowledge of substance abuse disorders and toxicology as
determined by the department, and is appointed by the third party to receive,
review, and interpret the results of laboratory tests requested by the third
party.ย  The department may specify through rules the qualifications of a
medical review officer, and any additional responsibilities that may be
required to carry out this chapter.



"Positive test result" means a
finding through confirmatory testing of the presence of drugs, alcohol, or the
metabolites of drugs in the sample tested in the levels at or above the cutoff
levels established by the director.



"Substance abuse on-site screening
test" means a portable substance abuse test that meets the requirements of
the United States Food and Drug Administration for commercial distribution or
is manufactured by a facility that is minimally certified as meeting the ISO
13485 standard established by the International Organization for Standardization
and which may be used by an employer in the workplace.



"Substance abuse test" means any
testing procedure designed to take and analyze body fluids or materials from
the body for the purpose of measuring the amount of drugs, alcohol, or the
metabolites of drugs in the sample tested.



"Third party" means any person,
agency, employer or any other entity who requests substance abuse testing of
another person or persons.ย  Unless otherwise specified, the "third party"
shall include the party's designated staff. [L 1990, c 236, pt of ยง1; am L
1992, c 201, ยง2; am L 1993, c 158, ยง2; am L 1999, c 206, ยง2; am L 2007, c 179, ยง1;
am L 2007, c 179, ยง1]