DATIA first reported in June of 1998 that "Congress has introduced the most comprehensive legislation to date to encourage drug testing in small businesses". Now, almost a year later, we are glad to report that the Small Business Administration (SBA) is prepared to begin the review process of the grant applications to determine which proposals it feels will best promote drug-free workplaces among small businesses.

Since the introduction of the legislation almost a year ago, DATIA has assumed a leadership role in assuring that the legislation introduced was favorable to the drug and alcohol testing industry. In particular, the industry's most beneficial success was DATIA's inclusion of for-profits in those companies qualified to apply for the grant money. Without the amendments to the legislation that DATIA provided, many of you that have applied for the grants would not have been able to do so under the original wording.

After the legislation was passed, DATIA immediately prepared for the release of the SBA's grant application.

Even before the application was released, DATIA provided members with guidelines and tips on how to successfully apply for the grants. The association also facilitated the formation of partnerships among drug and alcohol testing providers to enable them to provide a more comprehensive model of programs and services to present to the SBA when applying for the grant money.

On May 4, 1999 - the same day that the SBA released the grant application - DATIA mailed a copy of the application to each member and posted the application on the web for members to download. As the deadline for the return of the application was only 30 days, DATIA responded to member calls, questions, and concerns with utmost importance.

DATIA is very proud of the actions by its members that have enabled this legislation to benefit the industry, and wishes all those who have applied for grant money the best of luck. Keep posted to www.datia.org for up to date information on the review of the grant applications.

Over the past few months, DATIA has been reviewing the now two year old Accreditation Program and its components to reflect changes within the industry, as well as to take into account member needs and input. In light of this review, we are proud to announce some major changes to the Accreditation Program. These changes will take effect June 1, 1999 and will apply to all new participants in the program as well as companies renewing their Accreditation status and collectors renewing their training.

The most fundamental change is that we will be certifying collectors in addition to accrediting collection facilities. This change has been widely requested by our members and will address the need to monitor and improve industry professionalism. This also provides for recognition of the collectors, and increased professional development amongst collection personnel.

In the new program, those attending the Certified Professional Collector Trainer Course (formerly entitled Train the Trainer) will receive the "CPCT™" designation upon successful completion of the course and Trainer Certification Exam. The professional designation will remain with the collector regardless of their place of employment, and enables the collector trainer to train other collectors in preparation for the Certified Professional Collector™Exam (CPC™). The eligibility requirements for the CPCT™ certification include a minimum of 100 collections performed or 6 months of active participation in collection services, and familiarity and understanding of DOT specimen collection requirements and DHHS guidelines.

Once a collector has received training from a CPCT™, they are then eligible to sit for the CPC™ Exam, and upon passing the exam will receive the "CPC™" designation. As you will notice, the current training program has been expanded to include the requirement that collectors demonstrate their proficiency by passing a written collector certification exam to become either a Certified Professional Collector (CPC™) or Certified Professional Collector Trainer™ (CPCT™).

Certification designations are valid for one year, renewable on June 1 of each year. The renewal process for both CPCs™ and CPCTs™ consists of a comprehensive written certification exam. Attendance at

a DATIA administered training course is not required. As new technologies become adopted into mandated testing, however, training on the new collection procedures will be incorporated in to the Certified Professional Collector program.

Facilities whose entire collection staff has been certified by DATIA are then eligible for Accredited Collection Facility status. The remaining requirement for accreditation is that the facility must indicate that it meets all of DATIA's standards for equipment, liability insurance, and ethics as outlined on the Accreditation Application. As is the current situation, the Accreditation refers to one facility only. Each separate facility must individually apply for renewal or new Accreditation status.

To renew a facility's accredited status, each collector must first renew their certification. After that has occurred, the facility must also indicate that it continues to uphold the accreditation requirements as outlined on the accreditation application.

Beginning June 1, there will be no fee for a renewal or new company applicant to the Accredited Collection Facility program. Instead, we have replaced it with a certification fee of $95 per collector per year, with discounts for companies certifying multiple collectors. This will cover the costs to DATIA of administering the certification exam, issuing the certificate, and marketing both the Accredited Collection Facility program, and Certified Professional Collector (CPC™) program.

This new program provides for more stringent training of the collectors - a step that will ultimately increase professionalism within the industry. In addition, it recognizes not only the company for its dedication to providing exemplary services within the industry, but also the individual for his/her achievement in personally providing superior collection services.

DATIA is very excited about the progress that the Accreditation Program has made and looks forward to an even more beneficial future for the industry due to the increase in professionalism that will be achieved through the new program. For more information, contact DATIA at info@datia.org or 800-355-1257, or visit our website.

Congress Renews Support for Student Drug Testing

Congress has renewed their support for student drug testing by introducing two bills that would promote random drug testing in schools. The first bill, Empowering Parents to Fight Drugs Act of 1999 (HR 1735), is sponsored by Congressman John Peterson (R-PA).

This legislation will provide federal matching grants for local school districts to implement random drug testing for students enrolled in grades 7 through 12. Parents may exclude their children from the random testing program. Each local education agency would have contracting authority with outside sources for implementing drug testing.

The second bill, Parental Consent Drug Testing and Counseling Act (HR 1642), sponsored by Congressman James Rogan (R-CA) would establish a random drug testing program for high school students.

This bill differs from Peterson's bill because the program only tests students at the parents' request. Another difference is that Rogan's bill provides $500 to implement the program and does not require matching state grants.

DATIA believes that these bills are very important and provide a good drug-testing model for school districts across the country. DATIA will actively work with Congress to positively promote this bill to the House and the Senate.

DATIA's Legislative Agenda Heats-Up

DATIA's key objective when founded in 1995, was to provide a national voice for the drug and alcohol testing industry among policymakers in Washington DC. In 1999, this advocacy and lobbying has taken on increased importance as DATIA was instrumental in passing the Drug Free Workplace Act of 1998 which is the first Federal model for non-mandated drug free workplace programs. Passing this legislation was a huge victory for the industry and has solidified DATIA's role as an effective and recognized voice for the Drug and Alcohol Testing Industry in Washington.

This year, DATIA will continue to actively work with Congress to create and endorse new drug and alcohol testing legislation that could open new markets and change the way in which the drug and alcohol testing industry conducts business.

The following are key issues DATIA is actively working on in 1999:

Small Business Tax Break

DATIA will assume a leadership position with a coalition of key government and private sector industry groups, including the Office of National Drug Control Policy, to develop new legislation that will help increase drug free workplace programs by offering small businesses tax credits to implement drug free workplace programs.This credit will increase awareness of the benefits of drug testing among the small business community and provide the much-needed financial incentives.

Part 40 Changes

DATIA will identify areas that affect the drug and alcohol testing industry in the rewrite of the Department of Transportation's regulations (Part 40) as the rule is expected to be issued this year. DATIA recently met with top representatives from the Department of Transportation and several of the transportation modes to discuss the unique relationship that TPAs and Consortiums have with the small to mid-size employers, and to advise them against significantly altering the current relationship.

Changes to the Federal Chain of Custody Form

DATIA will continue to work with the Department of Heath and Human Services (DHHS) to make appropriate changes to the new Chain of Custody Form to resolve some of the problems that laboratories, collectors, medical review officers and third party administrators are experiencing with the current form. DATIA has offered several improvements to the form which have been incorporated into the draft of the CCF.

Drug Free Workplace Grants

DATIA has taken a leadership role in both the passing of the Drug Free Workplace Act of 1998, and in assisting providers in applying for the grants now available from the SBA. DATIA mailed members a copy of the grant application on May 4, 1999; the same day that it was released by the SBA. DATIA has also assumed a leadership role in assisting in the formation of partnerships to apply for the grants. DATIA will continue to promote these grants and seek additional funding for 2000.

Federal Use of Alternative Specimens in Drug Testing

DATIA will work with Congress as they consider the use of alternative specimens for mandated drug testing and the Senate has introduced a bill, the Drug Free Century Act (S-5) that would require inclusion of these specimens in Federally mandated programs. If the agency and/or Congress decides to allow their use in mandated tests, employers, laboratories, TPAs, consortiums and collection sites will be able to determine which testing process works best for them and which is the least costly.

DATIA is also working with the Department of Health and Human Services (DHHS) to strongly encourage them to consider implications that may arise for collections sites if alternative specimens are allowed in Federal drug testing.

Congressional Drug and Alcohol Testing Studies

DATIA is working with Congress and the Administration on a study that will examine the possibility of emergency responders and law enforcement officers conducting post accident alcohol testing of commercial motor vehicle operators. Results of this study could REQUIRE law enforcement officers to conduct post accident alcohol tests for commercial motor vehicle operators taking some responsibility for those tests away from the employer.

Congressional and Executive Branch Outreach

DATIA will continue to be a resource to Congress by providing Congressional Committees testimony to promote the interests of the drug and alcohol testing industry. Both the House and the Senate have held hearings and introduced legislation on different aspects of drug and alcohol testing. Congress is currently considering issues directly affecting the drug and alcohol testing industry. Two major provisions include consideration of alternative specimens in mandated drug testing (S5) and drug testing Federal employees (HR 279).

In addition, Congress is considering drug-testing Members of the House of Representatives and their staff. These issues are proving to be popular issues for Congress and have elicited strong emotions from both proponents and opponents of drug testing. There is a strong voice for the industry located in Washington, DC ready and able to provide expert advice on matters of public policy as it relates to drug and alcohol testing.

DATIA's Third Annual Meeting last month was once again sold out with a record attendance that topped 300! Everyone was happy that they made the trip to St. Louis because, as attendees stated, "DATIA's conference was the best one yet." Before a standing room only crowd, industry experts provided real-life solutions on how drug and alcohol testing professionals can effectively meet the many changes occurring in the industry and how to capitalize on these changes to ensure growth and success.

Dr. Murray Lappe, founder and President of National Medical Review Offices, Inc., provided expert insight during his keynote highlighting the developing policies and procedures that affect workplace drug testing. Murray gave his perspective on how the industry must meet the demands of businesses that want results quickly and accurately, and how the drug and alcohol service providers must meet those demands.

Other Conference highlights included information about:

1) the new Drug Free Workplace Act and how it will provide new funding for small businesses to begin drug testing programs;

2) the pros and cons about alternative specimen testing and how to incorporate the latest technologies in your business;

3) new state laws affecting drug and alcohol testing;

4) the latest Department of Transportation initiatives;

5) how to better market drug and alcohol testing services; and

6) how to protect yourself from potential liabilities in drug testing.

Attendees also had the opportunity to meet over 35 different representatives from the major drug and alcohol testing product providers who displayed the latest in testing supplies and equipment. Highlights of the exhibit area included new product launches as well as start-up companies seen for the first time at DATIA's Conference. Many attendees were lucky enough to leave the conference with one of the many door prizes donated by the Exhibitors.

In addition, attendees had the opportunity to sign up for training courses being held by Intoximeters, STC Technologies, and DATIA in conjunction with the conference. The DATIA Annual Conference turned out to be a "one stop shop" for drug and alcohol testing providers to enhance their business.

In addition to gaining valuable information, DATIA's meeting attendees had plenty fun. As the hotel was right across the street from the Arch, almost everyone took advantage of the attractions that St. Louis had to offer including the many riverboat gambling boats. Although the attendees enjoyed the St. Louis conference immensely, they expressed that they are looking forward to the 2000 Annual Conference in Washington, DC even more!

DATIA's fourth Annual Conference will be held February 24-26, 2000 at the Hyatt Crystal City just outside of Washington, DC. Highlights will include the many changes taking place on Capital Hill affecting drug and alcohol testing and the opportunity for attendees to meet the legislators impacting drug and alcohol testing legislation. Training courses will once again be offered in conjunction with the conference on February 24, 2000 and February 27, 2000, and the exhibit area is once again expected to grow. We look forward to seeing you in 2000! Information will be in your mailbox this fall.

During DATIA's 1999 Annual Membership Meeting, the association announced its Group Professional Liability Insurance Program - the first domestically written insurance program specifically for drug and alcohol testing service providers.

This insurance program is tailored specifically for companies who provide collections, third party administration, and other services involved in drug and alcohol testing program management. The policy is underwritten by an "A" rated domestic carrier; providing assurances of solvency and accountability. This policy is a great benefit to the industry as many providers do not carry Professional Liability Insurance. Those that carry only General Business Liability or Medical Malpractice insurance, are actually not covered for errors and omissions for drug and alcohol testing services.

The insurance boasts competitive premiums based on the number of drug and alcohol tests performed, low deductibles, and the omission of taxes and fees. The policy also takes into account the difference between collection services and Consortium/TPA services (tests facilitated rather than performed). A major benefit within the insurance is that it offers Previous Acts Coverage for acts within the retroactive period of two years. This is of utmost importance for those companies that currently have Claims Made policies.

Beyond the competitive rates already offered by the insurance, an additional discount of 20% is available for Accredited Collection Facilities off of their premiums. For more information on the DATIA Professional Liability Insurance Program, or to receive a quote, call 1-800-849-1887 and speak with Terri Acosta or Reg Davis.