H*3305(Rat #0118, Act #0080 of 2015)  General Bill, By Lowe, Bingham, Horne, 
Weeks and Bradley
 AN ACT TO AMEND SECTION 41-35-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DENIAL OF UNEMPLOYMENT BENEFITS FOR AN EMPLOYEE WHO
 TESTS POSITIVE FOR ILLEGAL DRUG USE OR THE UNLAWFUL USE OF LEGAL DRUGS, SO AS
 TO EXPAND THE RANGE OF SPECIMENS FROM AN EMPLOYEE THAT MAY BE TESTED TO
 INCLUDE ORAL FLUIDS, AND TO CHANGE CERTIFICATION REQUIREMENTS OF LABORATORIES
 THAT MAY PERFORM THESE TESTS. - ratified title

   01/13/15  House  Introduced and read first time (House Journal-page 179)
   01/13/15  House  Referred to Committee on Judiciary
                     (House Journal-page 179)
   03/04/15  House  Member(s) request name added as sponsor: Weeks
   03/04/15  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 32)
   03/05/15  House  Member(s) request name added as sponsor: Bradley
   03/05/15  House  Amended (House Journal-page 43)
   03/05/15  House  Read second time (House Journal-page 43)
   03/05/15  House  Roll call Yeas-106  Nays-2 (House Journal-page 44)
   03/05/15  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 45)
   03/06/15  House  Read third time and returned to Senate with
                     amendments (House Journal-page 2)
   03/10/15  Senate Introduced and read first time (Senate Journal-page 13)
   03/10/15  Senate Referred to Committee on Labor, Commerce and
                     Industry (Senate Journal-page 13)
   03/31/15         Scrivener's error corrected
   04/23/15  Senate Committee report: Favorable Labor, Commerce and
                     Industry (Senate Journal-page 12)
   04/24/15         Scrivener's error corrected
   06/02/15  Senate Read second time (Senate Journal-page 26)
   06/02/15  Senate Roll call Ayes-42  Nays-1 (Senate Journal-page 26)
   06/04/15  Senate Read third time and enrolled
   06/08/15         Ratified R 118
   06/11/15         Signed By Governor
   06/17/15         Effective date 06/11/15
   06/18/15         Act No. 80

(A80, R118, H3305)

AN ACT TO AMEND SECTION 41-35-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DENIAL OF UNEMPLOYMENT BENEFITS FOR AN EMPLOYEE WHO TESTS POSITIVE FOR ILLEGAL DRUG USE OR THE UNLAWFUL USE OF LEGAL DRUGS, SO AS TO EXPAND THE RANGE OF SPECIMENS FROM AN EMPLOYEE THAT MAY BE TESTED TO INCLUDE ORAL FLUIDS, AND TO CHANGE CERTIFICATION REQUIREMENTS OF LABORATORIES THAT MAY PERFORM THESE TESTS.

Be it enacted by the General Assembly of the State of South Carolina:

Oral fluid testing allowed, testing laboratory certification revised

SECTION    1.    Section 41-35-120(3)(a)(iii) of the 1976 Code, as last amended by Act 146 of 2010, is further amended to read:

"(iii)        insured worker provides a blood, hair, oral fluid, or urine specimen during a drug test administered on behalf of the employer, which tests positive for illegal drugs or legal drugs used unlawfully, provided:

(A)    the sample was collected and labeled by a licensed health care professional or another individual authorized to collect and label test samples by federal or state law, including law enforcement personnel; and

(B)    the test was performed by a laboratory certified to perform such tests by the United States Department of Health and Human Services (USDHHS)/Substance Abuse Mental Health Services Administration (SAMHSA), the College of American Pathologists or the State Law Enforcement Division; and

(C)    an initial positive test was confirmed on the specimen using the gas chromatography/mass spectrometry method, or an equivalent or a more accurate scientifically accepted method approved by USDHHS/SAMHSA;"

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 8th day of June, 2015.

Approved the 11th day of June, 2015.