Amends TCA Title 8 and Title 50.

Under the present law drug-free workplace provisions, prior to testing an employee or applicant, a covered employer must give all employees and job applicants for employment a written policy statement that contains, among other items, procedures for employees and job applicants to confidentially report to a medical review officer the use of prescription or nonprescription medications to a medical review officer after being tested, but only if the testing process has revealed a positive result for the presence of alcohol or drug use.<br /> <br /> This bill adds that the medical review officer may only consider prescriptions issued within six months prior to a positive confirmed drug result for purposes of determining a valid prescription and immunity from actions authorized by the drug-free workplace program following a positive confirmed drug result.<br /> <br /> ON APRIL 30, 2019, THE HOUSE SUBSTITUTED SENATE BILL 312 FOR HOUSE BILL 389, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 312, AS AMENDED.<br /> <br /> AMENDMENT #1 defines "issued" for purposes of this bill to mean the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy and "valid prescription" to mean a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to the drug-free workplace provisions and filled in a licensed pharmacy. <br /> <br />