Section 17-609. Drug testing procedures

a.  All drug tests administered
  pursuant to this chapter shall  utilize  those  reliable  screening  and
  confirmatory  procedures  set forth in rules promulgated by the board of
  education which are at  least  as  reliable  as  the  enzyme  multiplied
  immunoassay  screening test and the gas chromatography/mass spectrometry
  confirmatory test.
    b. If a sample yields a positive test result, another sample from  the
  same  specimen  shall  be re-tested using a test at least as reliable as
  the gas chromatography/mass spectrometry test. Such a confirmatory  test
  shall  use  a  portion  of  the  same  test  specimen collected from the
  employee for use in the first test. If such confirmatory test  yields  a
  positive  test  result the driver may, at his or her option and expense,
  have an additional test conducted on a sample from the same specimen  by
  any  laboratory  eligible  to  conduct  drug  testing under this chapter
  within thirty days of the administration of the original test.
    c. (1) All test results shall be interpreted and verified by a medical
  review officer employed by the motor carrier. The medical review officer
  shall  be  a  licensed  physician  with  knowledge  of  substance  abuse
  disorders  and appropriate medical training to interpret and evaluate an
  individual's test result together with his  or  her  individual  medical
  history and any other relevant biomedical information.
    (2)  The  medical  review officer shall (i) receive the results of all
  drug tests from the laboratory; (ii) verify that the  laboratory  report
  and  assessment  of  all  drug  test  results are reliable and treat the
  results as confidential until such verification is made; (iii) determine
  whether an individual passes a drug test; (iv) promptly report all  test
  results  to  the  driver  in writing; (v) report each test that does not
  pass to the individual whom the motor carrier has designated to  receive
  the  results  and the chancellor of the board of education or his or her
  designee; (vi) recommend to the  motor  carrier  whether  a  driver  who
  refused  to  take  or  did  not pass a drug test administered under this
  chapter and who passes a subsequent  return  to  active  duty  test  may
  return to active duty; and (vii) maintain records of all recommendations
  to  the  motor  carrier concerning removal from or return to active duty
  and in cases where rehabilitation is not recommended after  a  confirmed
  positive  test  result,  the  reasons  for  such recommendation shall be
  submitted to the chancellor of the board of  education  or  his  or  her
  designee.
    (3)  When reviewing positive results of a confirmatory test under this
  section, the  medical  review  officer  may  consider  the  individual's
  medical   history,   including   any   medical  records  and  biomedical
  information provided, in  determining  whether  there  is  a  legitimate
  medical  explanation  for  the  result,  including  the use of a legally
  prescribed medication.
    (4) A driver may submit a list of any legally prescribed medication he
  or  she  is  using  to  the  medical  review  officer   prior   to   the
  administration of a drug test.
    d.  (1) The board of education, in consultation with the department of
  health and mental hygiene, shall promulgate rules, which to  the  extent
  practicable are consistent with the procedures established by the United
  States  department  of  transportation,  to implement this chapter. Such
  rules shall include initial cutoff levels  to  be  used  when  screening
  urine  specimens  to  determine  whether  they test positive for illegal
  drugs, chain of custody procedures to account for the integrity of  each
  urine  specimen  by  tracking  its  handling  and  storage from point of
  specimen  collection   to   final   disposition,   specimen   collection
  procedures,  quality  assurance and quality control programs, procedures

  governing the reporting and review of test  results  and  procedures  to
  safeguard the confidentiality of drivers.
    (2)  The  board of education shall provide motor carriers with written
  guidelines and procedures for the implementation  of  the  drug  testing
  program  pursuant  to  this  chapter no later than the effective date of
  this local law.
    e. Motor carriers  subject  to  this  chapter  shall  use  only  those
  laboratories  certified under the United States department of health and
  human services mandatory guidelines for federal workplace  drug  testing
  programs  or  approved  by  the  New York state department of health, to
  execute the drug testing program required by this chapter.
    f. Laboratories employed by motor carriers to execute the drug testing
  program pursuant to this chapter shall report drug test results  to  the
  medical review officer in writing within five days after a drug test has
  been  administered.  All  drug  test specimens shall be retained by such
  laboratories for at least six months.
    g. Two or more motor carriers may join together  for  the  purpose  of
  employing  a  medical  review officer and/or a laboratory to comply with
  the requirements of this chapter. Notwithstanding  the  foregoing,  each
  motor  carrier  shall be individually responsible for complying with the
  provisions of this chapter.