Kentucky Administrative Regulations › Title 17 - DEPARTMENT OF VETERANS' AFFAIRS › Chapter 3 - State Veteran's Nursing Home › Section 17 KAR 3:050 - Drug testing procedures at Kentucky Department of Veterans Affairs state Veterans nursing homes

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: 41 U.S.C. 701-707
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				40.325 authorizes the Kentucky Department of
				Veterans Affairs to promulgate any administrative regulations necessary to
				operate veterans' nursing homes in compliance with applicable state and federal
				statutes and regulations. This administrative regulation establishes procedures
				that will ensure state veteran nursing homes comply with
				KRS
				18A.043, 41 U.S.C. 701-707, and 82 Federal
				Register 7920 (Mandatory Guidelines for Federal Workplace Drug Testing
				Programs) through drug testing of employees caring for veteran residents in
				veteran nursing homes.
Section 1.
			 Definitions.
(1) "Administrator" means the
			 person in charge of a Kentucky Veterans Center, or that person's specific
			 designee.
(2) "Applicant" means an
			 individual seeking employment in a test-designated position at a facility
			 operated by the department.
(3)
			 "Appointing authority" means the Commissioner, Kentucky Department of Veterans
			 Affairs, or the Commissioner's designee.
(4) "Controlled substance" is defined in
			 KRS
			 218A.010.
(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)
			 "Department" means the Kentucky Department of Veterans Affairs.
(7) "Donor" means the individual from whom a
			 urine specimen is collected.
(8)
			 "Drug" is defined in
			 KRS
			 218A.010.
(9) "Initial test" or "screening 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.
(10) "Kentucky Veterans Center" means a state
			 veterans nursing home operated by the Kentucky Department of Veterans
			 Affairs.
(11) "On duty" means being
			 engaged in, or on-call to be engaged in, the performance of work
			 responsibilities for the employer.
(12) "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 his or her training
			 or life experiences, to suspect that a KDVA employee has been using illegal
			 drugs, controlled substances, prescription or nonprescription medication, or
			 alcohol in violation of this administrative regulation.
(13) "Refusal to submit to a drug test" means
			 the following:
(a) Failing to provide an
			 adequate urine sample without an adequate medical explanation;
(b) Engaging in conduct that obstructs the
			 testing process; or
(c) Refusing to
			 be tested.
(14) "Sample"
			 means a representative portion of a urine specimen or quality control sample
			 used for testing.
(15) "Serious
			 work accident" means any on-duty accident or incident resulting in personal
			 injury or death to any person.
(16)
			 "Specimen" means the portion of urine that is collected from a donor.
(17) "Support services" means positions that
			 do not provide direct resident or child care and includes employees in the
			 fields of maintenance, dietary services, social services, recreational
			 services, and administrative services.
(18) "Test-designated employee" means an
			 individual employed at a KDVA Veterans Center who provides care, treatment, or
			 support services to a resident of the facility.