DATIA Issues

DATIA made considerable progress this year in the drug testing industry in several very important regulatory and legislative areas. From the Department of Transportation to Capitol Hill DATIA continues to put the needs of its members and the drug and alcohol industries as a whole in front of key policy makers with considerable success.

One of the most notable areas of success was the submission of two sets of comments to the Department of Health and Human Services (HHS) on the Draft Mandatory Guidelines for Workplace Drug Testing. DATIA submitted these comments based on recommendations from its members. These comments were then instrumental in shaping the newest draft of HHS’s guidelines, especially in the areas of Custody Control Forms (CCF),and Point of Collection Tests (POCT).

HHS almost universally agreed with the comments submitted by DATIA in these areas, and this shows in the revisions made by DOT. Although DATIA supports most of the new mandatory guidelines proposed by HHS, there is still one area of contention concerning the new Draft Mandatory Guidelines. HHS still has not clarified what the requirements are for an HHS-approved POCT, and collector certification programs. The committees of industry professionals that have advised DATIA’s specimen collection training and certification program recommend that face-to-face training was the only way to ensure that the trainee actually understood the material presented to them. DATIA feels that although technology offers many convenient forms of training or certification these mediums do not offer the interaction needed to ensure that the trainee absorbs the necessary information to become proficient in his/her respective specialty.

Another very important project being undertaken by DATIA is getting the Department of Transportation (DOT) to clarify the drug and alcohol testing regulations (49 CFR Part 40) concerning the role of Consortiums and Third Party Administrators. DATIA feels this regulation clearly states that C/TPA may act as an agent of an employer thus making the terms consortium and employer interchangeable. However, the DOT said that C/TPA can not act as an agent of the employer and therefor cannot receive test results from the Medical Review Officers (MRO). Making the DOT inform all of the employers of their test results individually, instead of letting the C/TPA do it is neither time or cost effective.

Public Interest Exclusions (PIEs) are another major area of concern of the proposed Part 40 revisions. A PIE is a directive from the DOT not to use a certain service provider that fails or refuses to provide services under Part 40 regulations. DOT tries to soften this regulation by saying it will only issue a PIE when a significant offense has occurred. However, DATIA feels there is too much of a gray area when it comes to PIEs. For instance, who would define what constitutes a major or minor offense? In order to clarify these, and other areas of concern relating to Part 40 revisions DATIA has met with the DOT, the Federal Highway Administration (FHA), and the United States Coast Guard (USCG). Through the Part 40 comments process DATIA intends to make sure C/TPAs have the necessary flexibility to provide employers with the services they need, and that the DOT eliminates some if not all of the loopholes associated with Public Interest Exclusions.

DATIA has also been very active on the legislative front. With so many bills in Congress that could influence the drug an alcohol testing industries DATIA makes it a priority to keep on top of legislation that most directly affects its members and the industry as a whole. The biggest piece of legislative news comes from the Small Business Conference Committee where the finishing touches are being put on H.R. 2614, the Small Business Authorization Act of 2000, for final passage of Congress. H.R. 2614 is expected to be on the President’s desk by the end of the year. This piece of legislation, when passed will authorize $5,000,000 for each of the fiscal years from 2001 through 2003 for Drug-Free Workplace Programs. DATIA has worked diligently with members of Congress on both the House and Senate Small Business Committees to ensure the passage of this much-needed legislation. In 1998 DATIA spearheaded the introduction of the first Drug-Free Workplace Program bill and will continue to see this program gets the funding it deserves.

Recently DATIA has seen the issue of medical marijuana come to the forefront yet again. Currently there is a big discrepancy between State and Federal lawmakers on how they regard medical marijuana. Currently there are 6 states that have laws legalizing medical marijuana. These laws run in direct conflict to the federal view of marijuana being an illegal drug. Not only does the lack of uniformity regarding medical marijuana affect several health care providers and related industries; it more importantly affects the drug and alcohol testing industry. By making employers modify their policies and testing procedures for every employee, it brings in to focus the safety of employees, clients, and the public.

A bill introduced by Congressman Souder (R-IN), H.R. 4802, would clarify the intent regarding the relationship between how state and Federal law applied to controlled substances by pre-empting state laws that allow marijuana for medical purposes, or any other reason. Whether or not medical marijuana is deemed a viable drug for treating debilitating diseases or proves to be unscientific, a national standard is badly needed. Currently DATIA is in contact with Rep. Souder’s office to see if we may provide any insight as to what the effects of this legislation on the drug testing industry.

Another piece of legislation that could have an affect on the drug and alcohol testing industry in the future is the passage of S.761, the Electronic Signatures in Global and National Commerce Act. This act has the potential to simplify the drug testing process my making the effort spent filling out and sending in Chain of Custody Forms (CCFs), less time consuming. It also would prevent employers from sending incomplete or incorrect CCFs by not letting a person move on to another section before the previous one is filled in correctly. The next step for DATIA will to be to work with HHS and DOT to see what the process would be get mandated drug and alcohol testing forms on-line.

In another legislative news: While in town for the annual DATIA conference, members swarmed to capitol hill as part of the first annual Capitol Hill Day, to make their presence known on issues affecting the industry. DATIA members met with both House and Senate members of their respective state delegations to discuss, among other things, the DOTs Part 40 rewrite and the affect it will have on C/TPA’s and other service agents. In these meetings DATIA laid the basis for what they and Congress hope will be a very productive relationship.

These Legislative and Regulatory changes continue to shape the drug and alcohol testing industry. That is why DATIA will continue to place the legislative and regulatory interests of our members in front of important Legislative and Regulatory leaders to see that our goals are met.

If you have any questions contact DATIA at (800) 355-1257 or DATIA@wpa.org.

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