(a) The commissioner of human services is authorized to adopt rules, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, necessary for the administration of this part, and shall have rulemaking authority to promulgate any rules to carry out the requirements of any title or part of any title that the department administers and that are necessary to immediately implement this part or related titles or parts.
(b) In promulgating rules, the commissioner shall consider, at a minimum:
(1) Testing procedures established by the United States departments of health and human services and transportation;
(2) Screening procedures established by substance abuse experts to determine that a person exhibits the criteria to determine that there is reasonable cause to suspect that a person is likely to use drugs as defined in this part;
(3) Body specimens and minimum specimen amounts that are appropriate for drug testing;
(4) Methods of analysis and procedures to ensure reliable drug testing results, including standards for initial tests and confirmation tests;
(5) Minimum cut-off detection levels for each drug or metabolites of the drug for the purposes of determining a positive test result;
(6) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and
(7) Retention, storage and transportation procedures to ensure reliable results of drug tests used in the administration of this part.
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