Determine whether a confirmatory test is required. Ensure that those administering drug tests are trained and properly qualified, whether they are agency staff or employees of a laboratory. Save samples with positive results until the time for all possible legal challenges has elapsed. Have clearly written policies and procedures for drug screening and for responses to positive findings. TOP Confidentiality Programs implementing substance testing should examine present policies, State and local statutes, and case law on confidentiality to ensure that the program complies with them.
Some special considerations apply when substance abuse services are provided.
The Federal confidentiality laws and regulations protect any information about a youth if the youth has applied for or received any alcohol or other drug-related servicesincluding diagnosis, treatment or referral for treatmentfrom a covered program. The restrictions on disclosure apply to any information, whether or not recorded, that would identify the youth as an alcohol or other drug user, either directly or by implication. Programs should establish policies and procedures for confidentiality. The youth's right to privacy. The type of information that may and may not be shared.