Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 31, August 4, 2006 issue of the Florida Administrative Weekly.

33-208.403 Random Drug Testing of Employees.

(1) through (12) No change.

(13) In the case of positive test results for which the employee did not or could not provide valid documentation of lawful intake of the identified controlled substance, the employee shall be notified in writing of the positive test results and the consequences of the results, in accordance with the following:.

(a) First time positive test result.

1. All employees will be given a mandatory referral to the employee assistance program (in accordance with department procedure).

2. Any governing licensure/certification board (relevant to the employee’s position requirements) will be advised of the positive test result.

3. Any employee in a safety sensitive position (as defined by Section 112.0544, F.S.), receiving a first time positive confirmed drug test will be immediately placed on leave status. If the employee refuses to be placed on leave status, the department will initiate official proceedings to remove the employee from her/his position.

4. All employees will be required to complete the course of treatment recommended by the employee assistance program treatment provider; however, employees in safety sensitive positions who are placed on leave status pursuant to subparagraph (13)(a)3. above, will be required to complete the recommended course of treatment or present a release to return to work from the treatment provider prior to returning to work.

5. If an employee refuses to comply with all requirements of subparagraph (13)(a)4. above, she/he will be dismissed in accordance with department procedure.

6. Once the employee is released to return to work by the treatment provider, the employee will be returned to work in the same or equivalent position, unless such action is prevented due to actions taken by the governing licensure or certification board or body relevant to the employee’s position requirements.

7. If actions by a governing licensure or certification board or body prevent placement into or ongoing employment in the previously held position, the department will offer alternate position placement in accordance with the employee’s qualifications, if such is available. If no alternate position placement is available or the employee is unwilling to accept available placement options, the employee will be dismissed in accordance with department procedure.

8. Follow-Up Testing: All employees who remain employed following a first time positive confirmed drug test will be subject to follow-up urinalysis drug testing on a quarterly, semiannual, or annual basis for up to two years thereafter, pursuant to Section 112.0455, F.S.

(b) Second time positive test result.

1. Any employee receiving a second-time positive confirmed drug or alcohol test will be dismissed.

2. Any other governing licensure or certification board or body (relevant to the employee’s position requirements) will be contacted and provided with a report in accordance with established reporting procedures.

(14) through (19) No change.

Specific Authority 944.09, 944.474 FS. Law Implemented 112.0455, 944.09, 944.474 FS. History–New 9-11-05, Amended ________.