15. The program shall make available expert testimony, at a reasonable cost, regarding the drug-testing program. The cost for this service shall be part of the costs of investigation incurred by the department. The program shall make litigation services available for five (5) years after the termination of the agreement.
16. The program must agree to protect the contents of all drug panels and not disclose the contents to donors. The program must also obtain agreement from the laboratory to protect the contents of all drug panels and not disclose the contents to donors.
B. Collection Site Administration
1. The program will locate, train and monitor all collection sites per industry standards for drug test collections. The program will locate new collections sites as needed as well as locate sites for donors who travel out of state. The program shall make special effort to locate collection sites open 24 hours per day that utilize the U.S. Department of Transportation collection protocol.
2. The program shall provide donors and employers of donors with assistance on a 24-hour/day basis if collection is needed for cause.
3. The program shall provide the department with a list of collection sites within Wisconsin that utilize the U.S. Department of Transportation collection protocol.
4. The program shall provide the name, address and phone number of a contact person for the courier service used.
5. The program shall ensure delivery of specimens within twenty-four hours of sampling.
C. Laboratory Requirements
1. The program shall identify the laboratory by name, address and phone number of the laboratory's representative and provide a copy of their current contract.
2. The program must utilize a laboratory that holds DHHS/SAMHSA certification that has had no adverse/corrective action within the last 3 years. The laboratory must maintain DHHS/SAMHSA certification during the entire time the program is providing drug-testing services to the department.
3. The program shall utilize a laboratory that complies with all DHHS/SAMHSA standards, including those related to the handling, processing and storage of specimens.
4. The program shall utilize a laboratory that is capable of processing all specimens for the drugs listed in the department's standard panel and additional individual drugs as listed in the attached drug list.
5. Testing of participant specimens shall be initiated within 48 hours of pickup by courier.
6. Gas Chromatography/Mass Spectrometry (GC/MS), Mass Spectrometry (MS), or another acceptable method shall confirm all positives.
7. The laboratory shall allow department personnel to tour its facilities where donor specimens are tested.
D. Reporting of Results
1. The program shall provide results of each specimen to the designated department personnel within 24 hours of processing.
2. The program shall be capable of distributing results of drug screens to two or more department personnel.
3. The program shall immediately inform the designated department personnel regarding all confirmed positive test results the same day the test results are confirmed or by the next business day if the results are confirmed after hours, on the weekend or on a state or federal holiday.
4. Upon request, the program shall fax, email or electronically transmit laboratory copies of drug test results.
5. The program shall provide a medical review officer (MRO) upon request and at the donor's expense for MRO review of disputed positive test results.
6. Upon request of the donor or the department, the program shall provide chain-of-custody transfer of disputed specimens to an independent laboratory for re-testing.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Telephone: (608) 266-0495
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. DOC 303 - Relating to inmate conduct, inmate discipline and procedures for the imposition of discipline.
S. ETF 10.10 - Relating to election procedures for the Employee Trust Funds Board.
Financial Institutions-Securities
(CR 00-117):
SS. DFI-Sec 2.02, 3.03, 4.03, 4.06, 5.03, 5.05 and 7.02 - Relating to securities registration exemptions and to securities broker-dealer, agent, investment adviser and investment adviser representative licensing procedures, record-keeping requirements, and rule of conduct provisions.
Ch. HFS 120 - Relating to the collection, analysis and dissemination of health care information.
SS. Ins 23.30, 23.35 and 23.40 - Relating to standards for insurance marketed to fund prearranged funeral plans.
Chs. RL 30 to 35 - Relating to the regulation of private detectives, private detective agencies and private security personnel.
Chs. RL 17 and 24 and s. RL 25.05 - Relating to real estate education requirements.
SS. RL 121.025, 125.03, 126.02 and 126.03 - Relating to the regulation of auctioneers and auction companies.
S. Tax 9.69 - Relating to the Master Settlement Agreement between the state of Wisconsin and tobacco product manufacturers.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade and Consumer Protection
(CR 99-72):
An order affecting ch. ATCP 160, relating to county and district fairs.
Effective 12-01-00.
Agriculture, Trade and Consumer Protection
(CR 99-168):
An order affecting s. ATCP 1.03 and chs. ATCP 10 to 12, relating to animal diseases, animal movement, and livestock markets, dealers and truckers.
Effective 12-01-00.
Agriculture, Trade and Consumer Protection
(CR 00-58):
An order affecting ch. ATCP 35, relating to the agricultural chemical cleanup program.
Effective 11-01-00.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board
(CR 00-50):
An order affecting ss. A-E 2.02, 4.05, 6.04 and 6.05, relating to registration seals, experience requirements for professional engineers, and educational requirements for land surveyors.
Effective 12-01-00.
An order repealing and recreating ch. DOC 314, relating to mental health treatment for inmates.
Effective 12-01-00.
Professional Geologists, Hydrologists, and Soil Scientists Examining Board
(CR 00-64):
An order affecting ss. GHSS 2.06, 3.05 and 4.05, relating to experience requirements prior to sitting for the fundamentals examination.
