KRS 351.183: Contracts for specimen collection and laboratory testing services --

Standards, procedures, and protocol -- Criteria for proof from other sources --

Annual publication of certified collection and testing providers.

(1) The division may contract wi th qualified companies to provide the collection of

samples and administer the required drug and alcohol tests. The contract may

provide that the collection of samples or testing be subcontracted, except that the

contract shall require:

(a) The contractor and any subcontractors to follow all standards, procedures, and

protocols set forth by the United States Department of Health and Human

Services' Substance Abuse and Mental Health Services Administration

(SAMHSA) for the collection and testing required by KRS 351.182 and this

section;

(b) The contractor's or subcontractor's drug -testing protocol shall be a ten (10)

panel test described in KRS 351.182(8) and any other test required by order of

the Mine Safety Review Commission; and

(c) The contractor or the subcontractor shall provide a medical review officer

(MRO) who shall:

1. Possess the ability and medical training necessary to verify positive

confirmed test results and evaluate those results in relation to an

applicant's medical history or other biomedical information; and

2. Follow all procedures outlined in the SAMHSA Medical Review Officer

Manual.

(2) The director of the Division of Mine Safety may accept proof of drug - and alcohol-

free status from other sources whose tests conform to the requirements set forth in

KRS 351.182(7) and (8) and in accordance with KRS 351.182(2)(b) under the

following conditions:

(a) An applicant shall submit a request for acceptance of his or her drug -and

alcohol-free status to the director accompanied by pass/fail results of a drug

and alcohol test taken within thirty (30) days prior to the request; and

(b) The test results shall have been performed by laboratories certified in

accordance with the National Laboratory Certification Program (NLCP) by the

United States Departm ent of Health and Human Services Administration's

SAMHSA and in accordance with subsection (1) of this section.

(3) The division shall maintain and publish annually a list of certified specimen

collection services and testing laboratories from which it will accept data.