Governmental Responses to the Problem

State Government

Some states have enacted legislation addressing drug test subversion but most have not. Table 5.6 lists 14 states with laws addressing drug test subversion. Some of these laws address the source of products aimed at subverting drug tests, making the manufacture, sale, and distribution of such products illegal. Some address the users of the products, those subject to drug testing making it a crime to attempt to defraud a drug test. Some states (e.g., Oregon) deny workers’ compensation to employees who attempt to subvert a drug test by adulterating their specimen.

Federal Government

The seriousness of the problems led to a US Congressional Hearing on May 17, 2005, on the Subversion of Drug Testing Programs. At this hearing, testimony was given by US federal agency officials, representatives from crirn~1 justice systems, representatives from drug-testing industries (e.g., drug-testing laboratories, a drug testing collection organization, program administrators), and others on the prevalence of commercial products for drug test subversion. The list of invited witnesses included representatives from three manufacturers of commercial adulterant and substitution products i.e. Puck Technology, Spectrum Labs, and New York Health Choice, Inc. However, the individuals chose not to testify at the hearing, and invoked the Fifth Amendment.

At the time of this writings a bill has been introduced in US Congress (i.e., H.R. 4910, the National Drug Testing Integrity Act). Its purpose is to prohibit the manufacturer sale, marketing, or distribution of produce or substances designed or intended to defraud a drug test.

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