AN ACT Relating to drug testing for elected public officials and candidates for elective office; adding a new chapter to Title 29 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature recognizes the special trust that the citizens of this state have invested in their elected public officials. The legislature is also aware of the extensive use of illegal drugs in contemporary culture, and the devastating effects that result at every level of society. Given the pervasiveness of the drug problem which impairs decision making and sound judgment, and the need for positive role models, our elected officials must hold themselves to the highest possible standards with respect to the drug issue. Therefore, it is imperative that all state constitutional officers maintain the utmost confidence of the citizenry of Washington by complying with a drug-testing program.

NEW SECTION. Sec. 2. As used in this chapter, the terms in this section have the meanings indicated unless the context clearly requires otherwise.

(1) "Confirmation test" means a second substance abuse test performed on a second portion of the original test sample to verify the presence of a drug in the test sample as indicated by an initial positive test result.

(2) "Constitutional officer" means all officers provided for in the Washington state Constitution.

(3) "Drug" means a controlled substance under chapter 69.50 RCW.

(4) "Drug test" means the procedure of taking and analyzing body fluids or materials from the body for the purpose of detecting the presence of a drug, metabolite, or other related substances in the sample tested.

(5) "Negative test result" means a test result that indicates that:

(a) A drug or metabolite is not present in the tested sample; or

(b) A drug or metabolite is present in the tested sample in a concentration below the threshold level.

(6) "Positive test result" means a result on a confirmation test that indicates the presence of a drug or their metabolites in the tested sample at or above the specified threshold level.

(7) "Threshold level" means the minimum amount of a substance that must be present in a test sample to be considered a positive test result.

NEW SECTION. Sec. 3. (1) Within thirty days of the certification of the election to any state constitutional office, and once every calendar year during his or her term of office, the officer shall submit to a drug test designed to identify the presence of controlled substances referenced under chapter 69.50 RCW in the person's body. The drug test shall be conducted by a medical test site licensed under chapter 70.42 RCW and approved by the secretary of state.

(2) A qualified employee of the medical test site shall supervise the taking of the blood and/or urine sample. The supervision need not include actual observance of the delivery of the sample but the sample shall be taken under such circumstances that the integrity of the sample is maintained without unnecessarily interfering with the individual rights of the person including the right to be free from unnecessary embarrassment. Tampering with the sample by any person that is likely to prevent appropriate analysis of the sample or analysis of a sample from a source other than the person being tested is a misdemeanor. Any sample shall be placed in a container and sealed together with a double identification tag in the presence of the person being tested. One portion of such tag bearing a printed identification number shall remain with the sealed container. The other portion of such tag bearing the same printed identification number shall be detached in the presence of the person tested and a member of the medical test site staff. The person shall attest by signature on the tag to indicate witnessing such action. The member of the medical test site staff shall further attest by signature to indicate witnessing such action. The sample shall then be handled in a manner consistent with an evidentiary chain of custody by the medical test site throughout the testing process. The sample and the tag identifying same may not identify the person by name, but only by number assigned and recorded as indicated in this subsection.

(3) The costs for the drug test shall be paid by the person being tested.

(4) Within five working days after receipt of a test result report from the testing laboratory, the public disclosure commission shall inform in writing the officer who has undergone drug testing of a positive test result and, upon request, the absence of a positive test result. In the case of a positive test result, the public disclosure commission shall also, at the time of this notice, inform the officer in writing of the right to submit further information relative to the positive test result or to have a confirmation test.

(5) Within five working days after notice from the public disclosure commission of a positive test result, the officer may submit information to the public disclosure commission to explain that result, or may request a confirmation test.

(6) Within five working days after notice of the positive test result, the officer shall notify the public disclosure commission in writing of the officer's intent to obtain a confirmation test. Within three working days after receipt of the notice, the public disclosure commission shall notify the original testing laboratory that the officer has requested the laboratory to conduct the confirmation test or transfer the sample to another laboratory meeting the requirements of this chapter to conduct the confirmation test. The original testing laboratory shall ensure that the chain-of-custody procedures are followed during transfer of the sample to the other laboratory. The confirmation test shall use the same drug threshold detection levels used in the original drug test and shall otherwise meet the requirements of this chapter that apply to the confirmation test. If the confirmation test does not confirm the original positive test result, the original drug test shall be destroyed.

(7) An officer has the right to request and receive from the public disclosure commission a copy of a positive test result report on any drug test or, if the public disclosure commission preserves a copy, of a negative test result report on any such test.

(8) Delay in reporting of drug test results by a laboratory shall not be interpreted as a positive or negative test by the public disclosure commission.

(9) The results of a positive confirmation test, or a positive first test for which the officer waived the right to a retest, shall be made available to the public thirty days after notification of the result is given to the officer.

NEW SECTION. Sec. 4. Sections 1 through 3 of this act shall constitute a new chapter in Title 29 RCW.

NEW SECTION. Sec. 5. This act shall take effect July 1, 1990.