Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 53 - DRUG AND ALCOHOL TESTING REGULATIONS › Subchapter 9 - STANDARD LANGUAGE › Rule 15-16-1-53.9.1

Current through June 25, 2024
Any employer in the State of Mississippi who utilizes an
						employee and/or job applicant drug and alcohol testing program, pursuant to the
						Act, shall in its written policy statement and notice to employees include as a
						part of such written policy statement and notice the following wording:
1. You are hereby advised that (Insert name
					 of employer here) has implemented a drug and alcohol policy and conducts a
					 testing program, pursuant to Sections
					 71-7-1,
					 et.al., of the Mississippi Code of 1972, Ann. (hereinafter referred to as "the
					 Act"), and you are hereby advised of the existence of said Act.
2. All information, interviews, reports,
					 statements, memoranda and test results, written or otherwise, received by
					 (Insert name of employer here) through its drug and alcohol testing program are
					 confidential communications and may not be used or received in evidence,
					 obtained in discovery, or disclosed in any public or private proceedings,
					 except in accordance with the Act and these regulations. Any information
					 obtained by (Insert name of employer here) pursuant to the Act and these
					 regulations shall be the property of the employer. (Insert name of employer
					 here) shall not release to any person other than the employee or job applicant,
					 or employer medical, supervisory or other personnel, as designated by (Insert
					 name of employer here) on a need to know basis, information related to drug and
					 alcohol test results unless: (a) The employee or job applicant has expressly,
					 in writing, granted permission for (Insert name of employer here) to release
					 such information; it is necessary to introduce a positive confirmed test result
					 into an arbitration proceeding pursuant to a collective bargaining agreement,
					 an administrative hearing under applicable state or local law, or a judicial
					 proceeding, provided that information is relevant to the hearing or proceeding,
					 or the information must be disclosed to a federal or state agency or other unit
					 of the state or United States government as required under law, regulation or
					 order, or in accordance with compliance requirements of a state or federal
					 government contract, or disclosed to a drug abuse rehabilitation program for
					 the purpose of evaluation or treatment of an employee; or there is a risk to
					 public health or safety that can be minimized or prevented by the release of
					 such information; provided, however, that unless such risk is immediate, a
					 court order permitting the release shall be obtained prior to the release of
					 the information. The confidentiality provisions provided for by the Act shall
					 not apply to other parts of an employee's or job applicant's personnel or
					 medical files. If an employee refuses to sign a written consent form for
					 release of information to persons as permitted in the Act, (Insert name of
					 employer here) shall not be barred from discharging or disciplining the
					 employee.
3. An employee or job
					 applicant to be tested shall be given (1) a medication disclosure form to
					 permit the employee or job applicant to disclose any non-prescription or
					 prescription medications that have been taken within forty-five (45) days prior
					 to being tested, and (2) a statement that the form shall be submitted directly
					 to the employer's designated Medical Review Officer, ensuring that no person or
					 entity has access to the information disclosed on the form other than the
					 Medical Review Officer.
Miss. Code Ann.
						§
												71-7-21