Senate Bill 2885

AN ACT TO AMEND SECTION 71-7-15, MISSISSIPPI CODE OF 1972, TO FORWARD POSITIVE DRUG TEST RESULTS TO THE DEPARTMENT OF HUMAN SERVICES TO CHECK FOR TANF VIOLATORS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 71-7-15, Mississippi Code of 1972, is amended as follows:

71-7-15. (1) Except as otherwise provided in this section, all information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the employer 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 this chapter.

(2) Any information obtained by an employer pursuant to this chapter shall be the property of the employer.

(3) An employer shall not release to any person other than the employee or job applicant, or employer medical, supervisory or other personnel, as designated by the employer 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 the employer to release such information;

(b) 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

(c) 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.

(4) The confidentiality provisions provided for in this section shall not apply to other parts of an employee's or job applicant's personnel or medical files.

(5) If an employee refuses to sign a written consent form for release of information to persons as permitted in this chapter, the employer shall not be barred from discharging or disciplining the employee.

(6) All test results for job applicants that are positive for use of illegal drugs shall be forwarded to the Department of Human Services for cross-matching against the state roster of TANF recipients.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.