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25-5-333
Section 25-5-333 Elements of program. (a) A drug-free workplace program shall contain all the
following elements: (1) A written policy statement as provided in Section 25-5-334. (2) Substance
abuse testing as provided in Section 25-5-335. (3) Resources of employee assistance providers
maintained in accordance with Section 25-5-336. (4) Employee education as provided in Section
25-5-337(a). (5) Supervisor training in accordance with Section 25-5-337(b). (b) In addition
to the requirements of subsection (a), a drug-free workplace program shall be implemented
in compliance with the confidentiality standards provided in Section 25-5-339. (Acts 1995,
No. 95-535, p. 1082, ยง4.)...
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25-5-332
Section 25-5-332 Premium discount where drug-free workplace program implemented. (a) If an
employer implements a drug-free workplace program substantially in accordance with this article,
the employer shall qualify for certification for a five percent premium discount under the
employer's workers' compensation insurance policy. (b) For each policy of workers' compensation
insurance issued or renewed in the state on and after July 1, 1996, there shall be granted
by the insurer a five percent reduction in the premium for the policy if the insured has been
certified by the Department of Labor, Workers' Compensation Division, as having a drug-free
workplace program which complies with the requirements of this article and has notified its
insurer in writing of the certification. (c)(1) The premium discount provided by this section
shall be applied to an insured's policy of workers' compensation insurance pro rata as of
the date the insured receives certification by the Department of Labor,...
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25-5-334
Section 25-5-334 Notice of testing; written policy statement. (a) One time only, prior to testing,
all employees and job applicants for employment shall be given a notice of testing. In addition,
all employees shall be given a written policy statement from the employer which contains all
of the following: (1) A general statement of the employer's policy on employee substance abuse
which shall identify: a. The types of testing an employee or job applicant may be required
to submit to, including reasonable suspicion or other basis used to determine when the testing
will be required. b. The actions the employer may take against an employee or job applicant
on the basis of a positive confirmed test result. (2) A statement advising an employee or
job applicant of the existence of this article. (3) A general statement concerning confidentiality.
(4) The consequences of refusing to submit to a drug test. (5) A statement advising an employee
of the Employee Assistance Program, if the employer...
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25-5-339
Section 25-5-339 Confidentiality of information. (a) All information, interviews, reports,
statements, memoranda, and test results, written or otherwise, received by the employer through
a substance abuse testing program are confidential communications, but may be used or received
in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding,
except as provided in subsection (c). (b) Employers, laboratories, medical review officers,
employee assistance programs, drug or alcohol rehabilitation programs, and their agents who
receive or have access to information concerning test results shall keep all information confidential.
Release of such information under any other circumstance shall be solely pursuant to a written
consent form signed voluntarily by the person tested, unless the release is compelled by an
agency of the state or a court of competent jurisdiction or unless deemed appropriate by a
professional or occupational licensing board in a related...
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20-3-3
Section 20-3-3 Transfer of legend drugs to charitable clinic. (a)(1) Legend drugs, except controlled
substances, dispensed to a patient in a hospital, nursing facility, assisted living facility,
or specialty care assisted living facility may be donated and transferred pursuant to this
section to a charitable clinic to be used by charitable patients free of charge when all of
the following conditions are met: a. The drugs are no longer needed by the original patient.
b. The drugs have been maintained in accordance with United States Pharmacopoeia and National
Formulary storage requirements. c. The drugs were dispensed by unit dose or an individually
sealed dose. d. The drugs have not expired. (2) Legend drugs, except controlled substances,
dispensed to a patient cared for by a hospice care program may be donated and transferred
pursuant to this section to a charitable clinic to be used by charitable patients free of
charge when all of the following conditions are met: a. The drugs are...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed
drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo
a screening under any of the following conditions: (1) The results of a drug test are positive.
(2) The drug offender requests a screening. (3) The drug offender admits to substance use
or abuse within the year preceding the arrest for the present charge. (4) The present charge
involves a violation of the controlled substances or impaired driving statutes. (5) The drug
offender, within the previous five years, has been convicted in any state or federal court
involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender
refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements
of subsection (a), the court shall order a drug offender...
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25-5-331
Section 25-5-331 Definitions. As used in this article, the following words and terms shall
have meanings as follows: (1) ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced. (2) CHAIN OF CUSTODY. The methodology
of tracking specified materials, specimens, or substances for the purpose of maintaining control
and accountability from initial collection to final disposition for all of the materials,
specimens, or substances and providing for accountability at each stage in handling, testing,
and storing materials, specimens, or substances and reporting test results. (3) CONFIRMATION
TEST or CONFIRMED TEST. A second analytical procedure used to identify the presence of a specific
drug or metabolite in a specimen. The confirmation test shall be different in scientific principle
from that of the initial test procedure. The confirmation method shall be capable of providing
requisite specificity, sensitivity, and quantitative...
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25-5-335
Section 25-5-335 Types of tests; procedures for specimen collection and testing; laboratory;
confirmation of tests. (a) An employer is required to conduct the following types of tests
in order to qualify for the workers' compensation insurance premium discounts provided under
this article: (1) An employer shall require job applicants to submit to a substance abuse
test after extending an offer of employment. Limited testing of job applicants by an employer
shall qualify under this article if the testing is conducted on the basis of reasonable classifications
of job positions. (2) An employer shall require an employee to submit to reasonable suspicion
testing. (3) An employer shall require an employee to submit to a substance abuse test if
the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination
that is part of the employer's established policy or that is scheduled routinely for all members
of an employment classification or group. (4) If the...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations; staff
training plans; rights of children; licensing and inspection of food preparation areas; access
by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall register
any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program for
a period of more than 24 hours. At a minimum, registered youth residential institution or
organization under this section shall do all of the following: (1) Be...
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