(A) All specimens collected under this chapter will be submitted to a laboratory certified by SAMSHA. All specimens initially testing positive will be confirmed by a subsequent confirmation test before the laboratory reports a result as positive. The laboratory shall report all positive laboratory test results to the Medical Review Officer. The licensee or applicant shall also be notified of any positive laboratory test results and have an opportunity to explain to the Medical Review Officer such result. In the event the Medical Review Officer determines there is no legitimate basis for the licensee’s objection, the test will stand as reported. In the event the Medical Review Officer determines there is an explanation for the positive test result other than the use or abuse of illegal drugs or alcohol, the test result shall be reported back as negative.
(B) A licensee or applicant whose test results are positive may, at his/her own expense, request a retest of the original sample. Such a request shall be made within 72 hours of the licensee or applicant being notified of the original test results; otherwise, any right to a retest shall be deemed waived. The retest shall be performed by a SAMSHA certified lab. In the event the retest demonstrates a negative result, the licensee will be reimbursed for the cost of the retest.
(Ord. passed 4-7-98) Penalty, see § 118.99