908 KAR 3:190. Drug testing procedures at a state-operated facility for an individual with mental illness, developmental, or intellectual disabilities

s the results of a drug test administered with a test-designated employee in which the drug test specimens test at or above the cutoff levels as specified in the "Mandatory Guidelines for Federal Workplace Drug Testing Programs". (18) "Random selection" means a statistically valid computer generated procedure utilized to determine test-designated employees selected to submit to random drug testing. (19) "Reasonable suspicion" means the quantity of proof or evidence, based on specific, objective facts and rationally derived inferences from those facts about the conduct of an individual that would lead a reasonable person, based upon training and experience, to suspect that the individual has been misusing or abusing a controlled substance or a prescription or nonprescription medication in violation of this administrative regulation. (20) "Return to duty" means the circumstances and conditions under which a test-designated employee is allowed to resume the employee's regular work duties if the employees has had a positive or failed drug test result reported or has voluntarily disclosed the abuse or misuse of a controlled substance, prescription medication, or nonprescription medication, and has met the criteria specified in Section 5(3) of this administrative regulation. (21) "Sample" means a representative portion of a urine specimen or quality control sample used for testing. (22) "Specimen" means the portion of urine that is collected from a donor during a drug test. (23) "Test-designated employee" means an individual employed at or by a facility for the care and treatment of an individual with mental illness, developmental, or intellectual disabilities operated by the department and who meets any of the following conditions: (a) Provides direct health care or treatment services to a resident of the facility; (b) Has regular unsupervised access to residents of the facility; or (c) Has unsupervised access to controlled substances

reappointment drug test result or who fails a preappointment drug test shall not be subsequently considered for appointment at a department operated facility for a period of at least one (1) year. (4) Follow-up testing. (a) A test-designated employee shall submit to unscheduled follow-up drug testing if the employee has engaged in any of the following within the previous twenty-four (24) months: 1. Voluntarily disclosed the misuse or abuse of a controlled substance or prescription or nonprescription medication; 2. Entered into or completed a rehabilitation program for drug abuse; 3. Had a positive drug test result reported or failed a drug test and dismissal did not occur; 4. Reports a criminal drug statute conviction; or 5. Been disciplined for violating this administrative regulation. (b) A test-designated employee who is subject to follow-up drug testing shall not be required to submit to more than six (6) unscheduled follow-up drug tests within any twelve (12) month period. (c) Follow-up drug testing shall take place at an off-site testing site as directed by the officer. Section 10. Drugs Included. (1) If a drug test is administered pursuant to this administrative regulation on or after July 1, 2006, the department shall, at a minimum, test for: (a) Marijuana; (b) Cocaine; (c) Opiates; (d) Amphetamines; (e) Phencyclidine; (f) Morphine; (g) MDMA (Ecstasy); (h) Methadone; (i) Benzodiazepines; (j) Barbiturates; and (k) Oxycodone. (2) Â (a) If conducting reasonable suspicion drug testing, the department may test for any drug listed in Schedule 1 or 2 as defined in KRS Chapter 218A. (b) Before the department tests for other drugs, it shall first obtain approval from the appointing authority. (c) If requesting approval for the testing of other drugs, the department shall first submit to the appointing authority the agency's proposed initial test methods, testing levels, and proposed performance test program