Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 12 - Approval of Confirmatory Laboratories for Private Sector Drug-free Workplace Testing › Rule 641-12.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of these rules, the following definitions shall
				apply:
"Alcohol"
means ethanol, isopropanol, or
				methanol.
"Alcohol or drug testing"
means analysis of a
				sample for the purpose of detecting the presence or absence of alcohol or other
				drugs, or their metabolites, in the sample tested.
"CLIA "
means Clinical Laboratory Improvement
				Amendments of 1988.
"CMS"
means Centers for Medicare and Medicaid
				Services. CMS is the federal agency responsible for implementing and
				administering CLIA regulations.
"Confirmatory test"
means a test for alcohol
				or other drugs, or their metabolites, using a testing method as stipulated in
				rule
				641-12.9
				(730), "Confirmatory testing."
"Department"
means the Iowa department of
				public health.
"Director "
means the director of the Iowa
				department of public health.
"Drug "
means a substance considered a
				controlled substance and included in Schedule I, II, III, IV, or V under the
				federal Controlled Substances Act, 21 U.S.C. Subsections 801 et seq.
"Employee "
means a person in the service of
				an employer in this state and includes the employer and any chief executive
				officer, president, vice president, supervisor, manager, and officer of the
				employer who is actively involved in the day-to-day operations of the
				business.
"Employer "
means a person, firm, company,
				corporation, labor organization, or employment agency, which has one or more
				full-time employees employed in the same business, or in or about the same
				establishment, under any contract of hire, express or implied, oral or written,
				in this state. "Employer" does not include the state, a political subdivision
				of the state, including a city, county, or school district, the United States,
				the United States Postal Service, or a Native American tribe.
"GC/MS"
means gas chromatography/mass
				spectrometry.
"Laboratory "
means a facility inside or
				outside the state of Iowa approved to conduct confirmatory testing of samples
				for the detection of alcohol or other drugs, or their metabolites.
"Medical review officer"
means a licensed
				physician, osteopathic physician, chiropractor, nurse practitioner, or
				physician assistant authorized to practice in any state of the United States,
				who is responsible for receiving laboratory results generated by an employer's
				drug or alcohol testing program, and who has knowledge of substance abuse
				disorders and has appropriate medical training to interpret and evaluate an
				individual's confirmed positive test result together with the individual's
				medical history and any other relevant biomedical information.
"Prospective employee "
means a person who has
				made application, whether oral or written, to an employer to become an
				employee.
"Sample "
means such sample from the human
				body capable of revealing the presence of alcohol or other drugs, or their
				metabolites. However, "sample" does not mean blood except as authorized
				pursuant to Iowa Code subsection
				730.5(7),
				paragraph "/. " For the purpose of these rules, the substances determined by
				the department to be samples from the human body capable of accurately and
				reliably revealing the presence of alcohol or other drugs, or their
				metabolites, are urine, breath, blood, hair and saliva.
"Specimen "
means a part taken from a sample
				to determine the character of the whole sample.
"UHL "
means university (state) hygienic
				laboratory.