Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 3 - Institutional Care › Section 908 KAR 3:190 - Drug testing procedures at a state-operated facility for an individual with mental illness, developmental, or intellectual disabilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 218A.050,
				218A.070, 41 U.S.C.
				701-707
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 210.010
				authorizes the secretary of the Cabinet for Health and Family Services to
				prescribe administrative regulations for the administration of the cabinet and
				of the institutions under the control of the cabinet.
				KRS
				194A.050 also empowers the secretary to
				promulgate administrative regulations to carry out cabinet programs. This
				administrative regulation establishes the procedures for the drug testing of
				employees and contractors of state-operated institutions for an individual with
				mental illness, developmental, or intellectual disabilities.
Section 1. Definitions.
(1) "Administrator on duty" means a facility
			 employee charged with decision-making authority for the facility during the
			 employee's given work shift.
(2)
			 "Applicant" means an individual seeking employment in a test-designated
			 position at a facility operated by the department.
(3) "Appointing authority" means the
			 Secretary of the Cabinet for Health and Family Services or designee
(4) "Commissioner" means the Commissioner of
			 the Department for Behavioral Health, Developmental, or Intellectual
			 Disabilities or the commissioner's designee.
(5) "Confirmatory test" means a second
			 analytical procedure to identify the presence of a specific drug or metabolite
			 which is independent of the initial test and which uses a different technique
			 and chemical principle from that of the initial test in order to ensure
			 reliability and accuracy
(6)
			 "Controlled substance" is defined in
			 KRS
			 218A.010(5).
(7) "Department" means the Department for
			 Behavioral Health, Developmental, or Intellectual Disabilities.
(8) "Dilute specimen" means a drug test urine
			 specimen in which the creatinine concentration is less than 20 mg/dL and the
			 specific gravity is less than 1.003.
(9) "Donor" means the individual from whom a
			 urine specimen is collected.
(10)
			 "Drug" is defined in
			 KRS
			 218A.010(11).
(11) "Employee" means a person employed at or
			 by a facility for the care and treatment of an individual with mental illness,
			 developmental, or intellectual disabilities operated by the
			 department.
(12) "Initial test"
			 means an immunoassay test to eliminate negative urine specimens from further
			 consideration and to identify the presumptively positive specimens that require
			 confirmation or further testing.
(13) "Failed drug test" means a circumstance
			 in which a test-designated employee, who is directed to submit to a drug test,
			 engages in any of the following actions:
(a)
			 Fails to submit to or complete a drug test;
(b) Interferes with a drug test
			 procedure;
(c) Tampers with a drug
			 test specimen; or
(d) Has a second
			 drug test conducted pursuant to Section 13(1) of this administrative regulation
			 reported as a dilute specimen.
(14) "Negative drug test" means the results
			 of a drug test administered with a test-designated employee in which the drug
			 test specimens test below the cutoff levels as specified in the "Mandatory
			 Guidelines for Federal Workplace Drug Testing Programs"
(15) "Officer" means the Drug Testing
			 Coordinating Officer designated by each department operated facility or the
			 officer's designee.
(16) "On duty"
			 means being engaged in the performance of work responsibilities for the
			 employer.
(17) "Positive drug test"
			 means the results of a drug test administered with a test-designated employee
			 in which the drug test specimens test at or above the cutoff levels as
			 specified in the "Mandatory Guidelines for Federal Workplace Drug Testing
			 Programs".
(18) "Random selection"
			 means a statistically valid computer generated procedure utilized to determine
			 test-designated employees selected to submit to random drug testing.
(19) "Reasonable suspicion" means the
			 quantity of proof or evidence, based on specific, objective facts and
			 rationally derived inferences from those facts about the conduct of an
			 individual that would lead a reasonable person, based upon training and
			 experience, to suspect that the individual has been misusing or abusing a
			 controlled substance or a prescription or non-prescription medication in
			 violation of this administrative regulation.
(20) "Return to duty" means the circumstances
			 and conditions under which a test-designated employee is allowed to resume the
			 employee's regular work duties if the employees has had a positive or failed
			 drug test result reported or has voluntarily disclosed the abuse or misuse of a
			 controlled substance, prescription medication, or nonprescription medication,
			 and has met the criteria specified in Section 5(3) of this administrative
			 regulation.
(21) "Sample" means a
			 representative portion of a urine specimen or quality control sample used for
			 testing.
(22) "Specimen" means the
			 portion of urine that is collected from a donor during a drug test.
(23) "Test-designated employee" means an
			 individual employed at or by a facility for the care and treatment of an
			 individual with mental illness, developmental, or intellectual disabilities
			 operated by the department and who meets any of the following conditions:
(a) Provides direct health care or treatment
			 services to a resident of the facility;
(b) Has regular unsupervised access to
			 residents of the facility; or
(c)
			 Has unsupervised access to controlled substances.
(24) "Voluntary disclosure" means the willful
			 and uncoerced admission by a test-designated employee concerning the employee's
			 misuse or abuse of a controlled substance or prescription or nonprescription
			 medication or that the employee has entered into substance abuse
			 treatment.