LES 2.02(6)(c)2.2. The applicant, at the applicant’s expense, may select from a list of physicians approved by the board, a physician who is not the applicant’s personal physician, to review the test documentation and applicant’s explanatory information. The physician shall provide a written report to the board rendering an opinion and supporting rationale as to whether or not there is a legitimate explanation for the positive test result. The board shall consider this report in making its final determination.

LES 2.02(6)(c)3.3. The applicant shall cooperate in any investigation by the board or the selected physician needed to reach their respective determinations. Failure to cooperate shall be deemed a withdrawal of the applicant’s challenge to the positive test result.

LES 2.02(6)(c)4.4. The board shall immediately forward a written report of its findings and determination to the applicant and to the prospective employing agency.

LES 2.02(6)(c)5.5. The board shall approve a list of physicians qualified and acceptable to review drug analysis results. The list shall be published in the policy and procedures manual of the board and updated as required.

LES 2.02(6)(d)(d) The board may approve alternative procedures by prospective employing agencies to assure applicant rights.

LES 2.02(7)(a)(a) The prospective employing agency shall ensure that only personnel necessary to the employment decision have access to drug test records.

LES 2.02(7)(b)(b) All records pertaining to drug tests performed pursuant to sub. (1) shall remain confidential, except that the records may be released to:

LES 2.02(7)(b)1.1. To the board.

LES 2.02(7)(b)2.2. To the prospective employing agency or any other prospective employing agency.

LES 2.02(7)(b)3.3. To the applicant or applicant’s designee.

LES 2.02(7)(b)4.4. To the prospective employing agency’s designee, or the board’s designee for a purpose related to or in conjunction with an applicant’s challenge to a positive test result or an administrative action, court proceeding, or other proceeding in which the applicant challenges a denial of employment or board certification.

LES 2.02(7)(b)5.5. By lawful order of a court.

LES 2.02(7)(b)6.6. As otherwise required by law.

LES 2.02(7)(c)(c) An applicant may provide written permission for any other release of records pertaining to the drug tests.

LES 2.02(7)(d)(d) The prospective employing agency shall provide copies of all necessary documentation and reports under this section to the board.