Any employer in the State of Mississippi who utilizes an employee and/or job applicant drug and alcohol testing program, pursuant to the Act, shall in its written policy statement and notice to employees include as a part of such written policy statement and notice the following wording:
1. You are hereby advised that (Insert name of employer here) has implemented a drug and alcohol policy and conducts a testing program, pursuant to Sections 71-7-1, et.al., of the Mississippi Code of 1972, Ann. (hereinafter referred to as "the Act"), and you are hereby advised of the existence of said Act.2. All information, interviews, reports, statements, memoranda and test results, written or otherwise, received by (Insert name of employer here) through its drug and alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with the Act and these regulations. Any information obtained by (Insert name of employer here) pursuant to the Act and these regulations shall be the property of the employer. (Insert name of employer here) shall not release to any person other than the employee or job applicant, or employer medical, supervisory or other personnel, as designated by (Insert name of employer here) on a need to know basis, information related to drug and alcohol test results unless: (a) The employee or job applicant has expressly, in writing, granted permission for (Insert name of employer here) to release such information; it is necessary to introduce a positive confirmed test result into an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding, or the information must be disclosed to a federal or state agency or other unit of the state or United States government as required under law, regulation or order, or in accordance with compliance requirements of a state or federal government contract, or disclosed to a drug abuse rehabilitation program for the purpose of evaluation or treatment of an employee; or there is a risk to public health or safety that can be minimized or prevented by the release of such information; provided, however, that unless such risk is immediate, a court order permitting the release shall be obtained prior to the release of the information. The confidentiality provisions provided for by the Act shall not apply to other parts of an employee's or job applicant's personnel or medical files. If an employee refuses to sign a written consent form for release of information to persons as permitted in the Act, (Insert name of employer here) shall not be barred from discharging or disciplining the employee.3. An employee or job applicant to be tested shall be given (1) a medication disclosure form to permit the employee or job applicant to disclose any non-prescription or prescription medications that have been taken within forty-five (45) days prior to being tested, and (2) a statement that the form shall be submitted directly to the employer's designated Medical Review Officer, ensuring that no person or entity has access to the information disclosed on the form other than the Medical Review Officer.15 Miss. Code. R. § 16-1-53.9.1
Miss. Code Ann. § 71-7-21