Section 284.889 - Circumstances under which employee is deemed to have refused to submit to screening test when requested or required; requirement to rescind offer of employment1. For the purposes of NRS 284.4063, 284.4065 and 284.4066, an applicant or employee is deemed to have refused to submit to a screening test requested pursuant to NRS 284.4065 or required pursuant to NRS 284.4066 when the applicant or employee: (a) Provides oral or written notice to the appointing authority that he or she refuses to take the requested or required screening test;(b) Absent any extenuating circumstances, fails to appear at the collection site for a screening test within a reasonable time after being requested or required to do so;(c) Absent any extenuating circumstances, fails to remain at the collection site until the collection process is complete;(d) Fails to provide a sufficient amount of specimen when requested or required to do so pursuant to the standards adopted by reference in NAC 284.882 and fails to undergo a medical evaluation to determine whether there is a legitimate medical explanation for the insufficient amount of specimen;(e) Fails to provide a sufficient amount of specimen when requested or required to do so pursuant to the standards adopted by reference in NAC 284.882, and it has been determined, through a required medical evaluation, that there was no legitimate medical explanation for the insufficient amount of specimen;(f) Fails to cooperate with any part of the process related to the screening test, including, without limitation, refusing to sign any required forms;(g) Brings materials or devices to the collection site for the purpose of adulterating, substituting or diluting the specimen;(h) Attempts to adulterate, substitute or dilute the specimen; or(i) Admits to the collector or Medical Review Officer that he or she adulterated or substituted the specimen.2. The appointing authority shall rescind any offer of employment that is contingent upon successful passage of a screening test made to an applicant who is deemed, pursuant to subsection 1, to have refused to submit to a screening test required by NRS 284.4066.3. As used in this section: (a) "Collection site" means a location where specimens are collected.(b) "Collector" means a person trained to instruct and assist an applicant or employee in providing a specimen.(c) "Medical Review Officer" means a licensed physician who has entered into a contract with the State of Nevada or with a vendor that has entered into a contract with the State of Nevada to review, verify and report the results of screening tests.(d) "Specimen" means breath or fluid collected from an applicant or employee for the purpose of conducting a screening test.Nev. Admin. Code § 284.889
Added to NAC by Personnel Comm'n by R063-18A, eff. 9/21/2018; A by R063-18, eff. 9-27-2018NRS 284.065, 284.155, 284.4065, 284.4066, 284.407