CHAPTER 236

FORMERLY

HOUSE BILL NO. 394

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND SECTION 2708, CHAPTER 27, TITLE 21 OF THE DELAWARE CODE RELATING TO SCHOOL BUS DRIVER QUALIFICATIONS AND DRUG TESTING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2708(a),. Chapter 27, Title 21 of the Delaware Code by adding a new paragraph thereto read as follows:

"(11) The applicant shall submit to a drug test, to be administered pursuant to the rules and regulations of the Department of Public Instruction, the results of which must be negative for controlled substances classified in Schedule I, II, III, IV, or V of Chapter 47 of Title 16 of the Delaware Code unless the controlled substances have been ingested pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice. Anyone testing positive to the drug test required in this paragraph shall have the right to request and pay for further analysis of their drug test, pursuant to the rules and regulations of the Department of Public Instruction, to determine whether the result was a false positive or the controlled substance was ingested pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice."

Approved May 27, 1994.