[§329B-6]  Test results.  (a)  Thelaboratory report shall include the following information and shall be reportedin a timely manner:

(1)  The type of test conducted;

(2)  The test results, which, for each substancetested can be negative due to a negative screening or confirmatory test result,positive due to a positive confirmatory test result, or no result due to anunsatisfactory sample or other reason;

(3)  The cutoff level used to distinguish positive andnegative samples on both the initial and confirmatory tests;

(4)  The name and address of the laboratory; and

(5)  Any additional information provided by thelaboratory concerning the individual’s test.

(b)  The indication of a substance below thecutoff level as established by the director shall be recorded as a negativetest result.  The laboratory’s report shall not contain any informationindicating the possible presence of a substance below a cut-off level, as soestablished.

(c)  Any information concerning a substanceabuse test pursuant to this chapter shall be strictly confidential.  Suchinformation shall not be released to anyone without the informed writtenconsent of the individual tested and shall not be released or made public uponsubpoena or any other method of discovery, except that information related to apositive test result of an individual shall be disclosed to the individual, thethird party, or the decision maker in a lawsuit, grievance, or other proceedinginitiated by or on behalf of the individual tested and arising from positiveconfirmatory test result.  Any person who receives or comes into possession ofany information protected under this chapter shall be subject to the sameobligation of confidentiality as the party from whom the information wasreceived.

(d)  Failure to adopt or adhere to all theprocedures contained in this chapter shall invalidate the test result and theresult may not be reported or otherwise used for any purpose. [L 1990, c 236,pt of §1]