Utah § 34-41-104 - Requirements for identification, collection, and testing of samples.
Full text of Utah Utah Code § 34-41-104 — Requirements for identification, collection, and testing of samples., with citation guidance and answers to common questions.
§ 34-41-104. Requirements for identification, collection, and testing of samples.
Effective 5/6/2026 34-41-104.
Requirements for identification, collection, and testing of samples.
(1)
The local governmental entity or institution of higher education shall ensure that:
(a)
all sample collection under this chapter is performed in accordance with instructions prepared by an entity independent of the local government or institution of higher education;
(b)
all testing for drugs under this chapter is performed by an independent laboratory certified for employment drug testing by either the Substance Abuse and Mental Health Services Administration or the College of American Pathologists;
(c)
the instructions, chain of custody forms, and collection kits, including containers and seals, used for sample collection are prepared by an independent laboratory certified for employment drug testing by either the Substance Abuse and Mental Health Services Administration or the College of American Pathologists; and
(d)
sample collection and testing for drugs under this chapter is in accordance with the requirements of this section.
(2)
The local governmental entity or institution of higher education may:
(a)
in accordance with a policy or ordinance described in Subsection 34-41-103(1)(a), require samples from a donor;
(b)
require presentation of reliable identification to the person collecting the samples; and
(c)
in order to dependably test for the presence of drugs, designate the type of sample to be used for testing.
(3)
The local governmental entity or institution of higher education shall ensure that the local governmental entity's or institution of higher education's ordinance or policy requires that:
(a)
the collection of samples is performed under reasonable and sanitary conditions;
(b)
samples are collected and tested:
(i)
to ensure the privacy of the individual being tested; and
(ii)
in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples;
(c)
sample collection is appropriately documented to ensure that:
(i)
samples are labeled and sealed to reasonably preclude the probability of erroneous identification of test results; and
(ii)
a donor has the opportunity to provide notification of any information:
(A)
that a donor considers relevant to the test, including identification of currently or recently used prescription or nonprescription drugs or other relevant medical information; and
(B)
in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 through 12213;
(d)
sample collection, storage, and transportation to the place of testing are performed in a manner that reasonably precludes the probability of sample misidentification, contamination, or adulteration; and
(e)
sample testing conforms to scientifically accepted analytical methods and procedures.
(4)
Before the result of any test may be used as a basis for any action by a local governmental entity or institution of higher education under Section 34-41-105, the local governmental entity or institution of higher education shall:
(a)
verify or confirm any positive initial screening test by gas chromatography, gas chromatography-mass spectroscopy, or other comparably reliable analytical methods; and
(b)
provide the notice described in Subsection 34-41-103(7), as soon as possible after a positive test result, at the last known address or telephone number of the donor.
(5)
Except for drug testing of a prospective employee or a prospective volunteer, drug testing by a local governmental entity or institution of higher education shall occur during or immediately after the regular work period of the employee or volunteer and shall be considered as work time for purposes of compensation and benefits.
(6)
The local governmental entity or institution of higher education shall pay:
(a)
all costs of sample collection and initial testing for drugs required under the policy or ordinance described in Subsection 34-41-103(1)(a); and
(b)
if the donor is a current employee or current volunteer and testing is conducted at a place other than the workplace, the cost of transportation to the testing location.
Section 34-41-104 ("Requirements for identification, collection, and testing of samples.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 34-41-104?
A common citation format is "Utah Code § 34-41-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 34-41-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
