HB 246

Enrolled Copy  H.B. 246
1Local Government Drug Testing Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: A. Cory Maloy
  Senate Sponsor: Heidi Balderree
2
3  LONG TITLE
4  General Description:
5      This bill amends government entity drug testing provisions.
6  Highlighted Provisions:
7      This bill:
8      ▸ modifies the definition of "sample" to include oral fluid;
9      ▸ clarifies the type of sample that a local governmental entity or state institution of higher
10  education may require that a donor submit for drug testing; and
11      ▸ requires that sample collection be performed in accordance with instructions prepared by
12  an independent entity.
13  Money Appropriated in this Bill:
14      None
15  Other Special Clauses:
16      None
17  Utah Code Sections Affected:
18  AMENDS:
19      34-41-101, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
20      34-41-103, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
21      34-41-104, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
22
23  Be it enacted by the Legislature of the state of Utah:
24Section 1. Section 34-41-101 is amended to read:
2534-41-101 . Definitions.
26     As used in this chapter:
27  (1) "Donor" means an employee, a volunteer, a prospective employee, or a prospective
28      volunteer of a local government entity or an institution of higher education.
H.B. 246  Enrolled Copy
29   (2) "Drug" means any substance recognized as a drug in the United States Pharmacopeia,
30the National Formulary, the Homeopathic [Pharmacopeia] Pharmacopoeia, or other drug
31compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or
32supplement to any of those compendia.
33   (3) "Drug testing" means the scientific analysis for the presence of drugs or their
34metabolites in the human body in accordance with the definitions and terms of this
35chapter.
36   (4) "Institution of higher education" means the same as that term is defined in Section
3753H-1-101.
38   (5) "Local governmental employee" means any person or officer in the service of a local
39governmental entity or institution of higher education for compensation.
40   (6)(a) "Local governmental entity" means any political subdivision of Utah including
41any county, municipality, local school district, special district, special service district,
42or any administrative subdivision of those entities.
43(b) "Local governmental entity" does not mean Utah state government or its
44administrative subdivisions provided for in Sections 63A-17-1001 through
4563A-17-1006.
46   (7) "Periodic testing" means preselected and preannounced drug testing of employees or
47volunteers conducted on a regular schedule.
48   (8) "Prospective employee" means any person who has made a written or oral application to
49become an employee of a local governmental entity or an institution of higher education.
50   (9) "Random testing" means the unannounced drug testing of an employee or volunteer
51who was selected for testing by using a method uninfluenced by any personal
52characteristics other than job category.
53   (10) "Reasonable suspicion for drug testing" means an articulated belief based on the
54recorded specific facts and reasonable inferences drawn from those facts that a local
55government employee or volunteer is in violation of the drug-free workplace policy.
56   (11) "Rehabilitation testing" means unannounced but preselected drug testing done as part
57of a program of counseling, education, and treatment of an employee or volunteer in
58conjunction with the drug-free workplace policy.
59   (12) "Safety sensitive position" means any local governmental or institution of higher
60education position involving duties which directly affects the safety of governmental
61employees, the general public, or positions where there is access to controlled
62substances, as defined in Title 58, Chapter 37, Utah Controlled Substances Act, during
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63      the course of performing job duties.
64  (13) "Sample" means urine, blood, breath, [saliva] oral fluid, or hair.
65  (14) "Volunteer" means any person who donates services as authorized by the local
66      governmental entity or institution of higher education without pay or other
67      compensation except expenses actually and reasonably incurred.
68Section 2. Section 34-41-103 is amended to read:
6934-41-103 . Policy requirements.
70  (1)(a) A local governmental entity or institution of higher education may not test a donor
71      for the presence of drugs, unless the local government entity or institution of higher
72      education:
73(i) adopts a written policy or ordinance for the testing;
74(ii) distributes the policy or ordinance to employees and volunteers; and
75(iii) makes the policy or ordinance available for review by prospective employees
76and prospective volunteers.
77      (b) The local governmental entity or institution of higher education may only test or
78retest for the presence of drugs in accordance with the policy or ordinance described
79in Subsection (1)(a).
80  (2) The local government entity or institution of higher education:
81      (a) shall collect and test samples in accordance with Section 34-41-104; and
82      (b) if otherwise permitted by law, is not limited only to collecting or testing in
83circumstances where there are indications of job-related impairment of an employee
84or volunteer.
85  (3) The use and disposition of all drug test results are subject to the limitations of Title 63G,
86      Chapter 2, Government Records Access and Management Act, and the Americans with
87      Disabilities Act of 1990, 42 U.S.C. 12101 through 12213.
88  (4) A donor who is subject to testing under a policy or ordinance described in Subsection
89      (1)(a) shall:
90      (a) submit [an oral] a blood, breath, oral fluid, or hair sample for testing; or
91      (b) submit a split urine sample for testing or retesting.
92  (5) Unless the policy or ordinance described in Subsection (1)(a) provides otherwise, the
93      local governmental entity or institution of higher education may specify the type of
94      sample, described in Subsection (4), that the donor is required to submit.
95  (6) A split urine sample shall consist of at least 45 milliliters of urine, divided into two
96      specimen bottles with:
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97(a) at least 30 milliliters of urine in one bottle, for the initial test; and
98(b) at least 15 milliliters of urine in the other bottle for retesting, if requested under
99Subsection (7).
100   (7) If the test results of a [urine or oral] sample test indicate the presence of drugs, the local
101governmental entity or institution of higher education shall:
102(a) give notice to the donor:
103(i) of the test results; and
104(ii) for a urine test, that the donor may, within 72 hours after the local government
105entity or institution of higher education provides the notice, request testing of the
106second sample; and
107(b) test the second sample if the donor timely requests testing of the second sample.
108   (8) The expense of testing the second urine sample will be equally divided between the
109donor and the local governmental entity or institution of higher education.
110   (9) The test results of the samples shall be considered at any subsequent disciplinary
111hearing if the requirements of this section and Section 34-41-104 are complied with in
112the collection, handling, and testing of the samples.
113Section 3. Section 34-41-104 is amended to read:
11434-41-104 . Requirements for identification, collection, and testing of samples.
115   (1) The local governmental entity or institution of higher education shall ensure that:
116(a) all sample collection under this chapter is performed in accordance with instructions
117prepared by an entity independent of the local government or institution of higher
118education;
119(b) all testing for drugs under this chapter is performed by an independent laboratory
120certified for employment drug testing by either the Substance Abuse and Mental
121Health Services Administration or the College of American [Pathology] Pathologists;
122(c) the instructions, chain of custody forms, and collection kits, including containers and
123seals, used for sample collection are prepared by an independent laboratory certified
124for employment drug testing by either the Substance Abuse and Mental Health
125Services Administration or the College of American [Pathology] Pathologists; and
126(d) sample collection and testing for drugs under this chapter is in accordance with the
127requirements of this section.
128   (2) The local governmental entity or institution of higher education may:
129(a) in accordance with a policy or ordinance described in Subsection 34-41-103(1)(a),
130require samples from a donor;
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131      (b) require presentation of reliable identification to the person collecting the samples; and
132      (c) in order to dependably test for the presence of drugs, designate the type of sample to
133be used for testing.
134  (3) The local governmental entity or institution of higher education shall ensure that the
135      local governmental entity's or institution of higher education's ordinance or policy
136      requires that:
137      (a) the collection of samples is performed under reasonable and sanitary conditions;
138      (b) samples are collected and tested:
139(i) to ensure the privacy of the individual being tested; and
140(ii) in a manner reasonably calculated to prevent substitutions or interference with the
141collection or testing of reliable samples;
142      (c) sample collection is appropriately documented to ensure that:
143(i) samples are labeled and sealed to reasonably preclude the probability of
144erroneous identification of test results; and
145(ii) a donor has the opportunity to provide notification of any information:
146(A) that a donor considers relevant to the test, including identification of currently
147or recently used prescription or nonprescription drugs or other relevant medical
148information; and
149(B) in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C.
15012101 through 12213;
151      (d) sample collection, storage, and transportation to the place of testing are performed in
152a manner that reasonably precludes the probability of sample misidentification,
153contamination, or adulteration; and
154      (e) sample testing conforms to scientifically accepted analytical methods and procedures.
155  (4) Before the result of any test may be used as a basis for any action by a local
156      governmental entity or institution of higher education under Section 34-41-105, the local
157      governmental entity or institution of higher education shall:
158      (a) verify or confirm any positive initial screening test by gas chromatography, gas
159chromatography-mass spectroscopy, or other comparably reliable analytical methods;
160and
161      (b) provide the notice described in Subsection 34-41-103(7), as soon as possible after a
162positive test result, at the last known address or telephone number of the donor.
163  (5) [Any drug testing ] Except for drug testing of a prospective employee or a prospective
164      volunteer, drug testing by a local governmental entity or institution of higher education
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165shall occur during or immediately after the regular work period of the employee or
166volunteer and shall be considered as work time for purposes of compensation and
167benefits.
168   (6) The local governmental entity or institution of higher education shall pay:
169(a) [ ]all costs of sample collection and initial testing for drugs required under the policy
170or ordinance described in Subsection 34-41-103(1)(a)[,] ; and
171(b) [ including the costs of transportation if the testing of an] if the donor is a current
172employee or current volunteer and testing is conducted at a place other than the
173workplace, the cost of transportation to the testing location.
174Section 4. Effective Date.
175   This bill takes effect on May 6, 2026.
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