Md. Code Regs. 17.04.09.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 17.04.09.03 - Requirements for Applicants for Positions in Sensitive Classifications or for Sensitive Positions

A. In addition to applicants, B-----E of this regulation apply to applicant-employees.

B. Conditions for Testing. Testing for illegal use of drugs shall be required for positions in sensitive classifications or for sensitive positions if the applicant has not been eliminated from consideration at an earlier stage of the recruitment process.

C. Notification.

(1) Examination Announcements; Information Provided by Appointing Authority. Examination announcements for positions in sensitive classifications shall include a statement that testing for illegal use of drugs is part of the selection process. The appointing authority shall also inform applicants for positions in sensitive classifications or for sensitive positions that testing for illegal use of drugs is required and shall be conducted at some point in the selection process, including any time during the applicant's probationary period.

(2) Refusal to be Tested. The appointing authority shall inform an applicant for a position in a sensitive classification or for a sensitive position who refuses to be tested that refusal shall result in all of the following:

(a) Disqualification from that position;

(b) Removal from any list of eligibles for any sensitive classification; and

(c) Removal from the list of eligibles for all sensitive positions within the classification of the sensitive position for which the applicant refused to be tested.

(3) Positive Test Results. The appointing authority shall inform an applicant who agrees to be tested of the consequences of a positive test result in accordance with §E of this regulation.

D. Testing Protocol.

(1) The appointing authority shall give an applicant for a position in a sensitive classification or for a sensitive position who has not been eliminated from consideration at an earlier stage of the recruitment process a Drug Abuse Screen-Applicant Authorization form prescribed by the Secretary to complete at the interview. The applicant shall appear at one of the designated collection sites with the completed authorization form at a time set by the appointing authority. When urine specimen collection as provided in Regulation .05 of this chapter is a part of the interview, the urine specimen may be collected at the time of the interview.

(2) After completion of the test, the test results shall be provided to the State Medical Director, who shall inform the appointing authority of the suitability of the applicant for further consideration.

(3) If the State Medical Director has determined that an applicant is suitable in accordance with §D(2) of this regulation, the appointing authority shall schedule an appointment for the applicant to appear for a physical examination within 8 calendar days after the date of the interview.

(4) All testing protocols shall be in accordance with Regulation .05 of this chapter.

E. Consequences of Positive Test Results.

(1) An applicant for a position in a sensitive classification or for a sensitive position who tests positive shall be disqualified from State employment for a position in a sensitive classification or for a sensitive position unless the applicant submits to the Secretary a certificate from a physician certifying on the certificate under oath that the applicant has:

(a) Successfully participated in a drug abuse rehabilitation program of at least 6 months duration; and

(b) Been free of drugs listed in Regulation .06 of this chapter for at least 18 months immediately before reapplying for State service.

(2) An applicant who is later hired in accordance with the procedure described in §E(1) of this regulation shall be subject to periodic random testing for illegal use of drugs.

(3) Positive Test Applicant-Employee.

(a) If an applicant-employee for a position in a sensitive classification or a sensitive position tests positive for use of illegal drugs, as part of a personnel selection process involving a promotion, demotion, horizontal change, transfer, or reclassification, the State Medical Director shall notify the applicant-employee's appointing authority of the positive test result.

(b) The appointing authority shall suspend the employee in §E(3)(a) of this regulation, without pay for 15 work days. As a condition of returning to work, the employee shall enroll in a drug abuse rehabilitation program of at least 6 months duration and shall be subject to periodic testing throughout the duration of the program. At the conclusion of the rehabilitation program the employee shall submit to the Secretary a certification from the attending physician, or a certified chemical dependency counselor, licensed certified social worker, or licensed psychologist associated with the rehabilitation program, certifying on the certificate under oath that the employee has successfully participated in a drug abuse program of at least 6 months duration and has not tested positive for drugs listed in Regulation .06 of this chapter at any point during the rehabilitation program. If the employee does not enroll in a drug abuse rehabilitation program during the suspension period, or if the employee fails to successfully participate in a drug abuse rehabilitation program for at least 6 months, the appointing authority shall begin proceedings to dismiss the employee.

(c) The employee who successfully participated in a drug abuse rehabilitation program of at least 6 months duration and has been free of drugs listed in Regulation .06 of this chapter for at least 18 months, including the 6-month period in which the employee participated in a drug abuse rehabilitation program, may reapply for a sensitive classification or a sensitive position.

(4) A person who is later hired in accordance with the procedure described in §E(3) of this regulation shall be subject to periodic random testing for illegal use of drugs.

(5) The State Medical Director may disapprove a physician's certificate as set forth in §E(1) and (3) of this regulation if the State Medical Director determines that the drug abuse rehabilitation program does not meet standards generally recognized in the field of drug abuse treatment or therapy.

F. Appeal Rights.

(1) This section applies to applicants only.

(2) The appointing authority shall notify the applicant in writing of any disqualification based on test results, and shall inform the applicant of the appropriate appeal route.

(3) An applicant may submit a written appeal of any positive test results to the Secretary within 5 work days after receipt of the written notice of the positive test results. The applicant shall bear the burden of proving an irregularity in the drug testing procedure used. This appeal may not be a contested case.

(4) Upon receipt of the appeal, the Secretary shall review the documentation, and may decide to uphold the decision of the appointing authority to eliminate the applicant from consideration in accordance with §E of this regulation or:

(a) Conduct an investigation to obtain additional information; or

(b) Convene a conference, which may be attended by the appointing authority, the applicant, and other appropriate individuals.

(5) The Secretary shall issue a written determination within 45 calendar days after receipt of the appeal, or within 45 calendar days after an investigation or conference.

Md. Code Regs. 17.04.09.03

Regulations .03 amended effective August 6, 1990 (17:15 Md. R. 1854)
Regulations .03 amended as an emergency provision effective November 20, 1990 (17:26 Md. R. 2972); adopted permanently May 13, 1991 (18:9 Md. R. 1007)
Regulation .03E amended as an emergency provision effective May 24, 1993 (20:12 Md. R. 994); emergency status expired November 30, 1993; adopted permanently effective March 28, 1994 (21:6 Md. R. 465)