It is enacted by the General Assembly as follows:

SECTION 1. Chapter 28-6.5 of the General Laws entitled "Urine and Blood Tests as a Condition of Employment" is hereby amended by adding thereto the following section:

{ADD 28-6.5-2. Urine and blood testing of prospective employees. -- ADD} {ADD (a) Except as provided in subsections (b) and (c), an employer may require a job applicant to submit to blood or urine testing if

(1) the job applicant has been given an offer of employment conditioned on the applicant's receiving a negative test result;

(2) the applicant provides the test sample in private, outside the presence of any person; and

(3) positive tests are confirmed by means of gas chromatography/mass spectrometry or technology recognized as being at least as scientifically accurate.

(b) The pre-employment drug testing authorized by this section shall not extend to job applicants for positions with any agency or political subdivision of the state, or municipalities except for applicants seeking employment as a law enforcement or correctional officer, firefighter or any other position where such testing is required by federal law or required for the continued receipt of federal funds.

(c) An employer shall not be required to comply with the conditions of testing under subsection (a) to the extent they are inconsistent with federal law. ADD}

SECTION 2. Section 28-6.5-2 of the General Laws in Chapter 28-6.5 entitled "Urine and Blood Tests as a Condition of Employment" is hereby amended to read as follows:

{DEL 28-6.5-2. Severability. -- DEL} {ADD 28-6.5-3. Severability. -- ADD} If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application and to this end the provisions of this chapter are declared to be severable.

SECTION 3. This act shall take effect upon passage.