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STATE OF IOWA
KIM REYNOLDS
G OVERNOR
June 6, 2025
The Honorable Paul Pate
Secretary of State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Mr. Secretary,
I hereby transmit:
House File 767, an Act concerning private sector employee drug testing.
The above House File is hereby approved on this date.
Sincer
Kim Re
Governor of Iowa
Y,
cc: Secretary of the Senate
Clerk of the House
STATE CAPITOL DES MOINES, IOWA 50319 515.281.5211 WWW.GOVERNOR.IOWA.GOV
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House File 767
AN ACT
CONCERNING PRIVATE SECTOR EMPLOYEE DRUG TESTING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 730.5, subsection 1, paragraph j, Code
2025, is amended to read as follows:
j. Safety-sensi ti ve position - means a j -eb position
designated by the employer as one wherein an accident could
cause loss of human life, serious bodily injury, or significant
property or environmental damage, including a job with duties
that include immediate supervision of a person in a job that
meets the requirement of this paragraph.
House File 767, p. 2
Sec. 2. Section 730.5, subsection 7, paragraph j,
subparagraph ( 1), Code 2025, is amended to read as follows:
( 1) If a confirmed positive test result for drugs or
alcohol for a current employee is reported to the employer
by the medical review officer, the employer shall notify
the employee in writing by certified mail, return receipt
requested, of the results of the test, the employee's right
to request and obtain a confirmatory test of the second
sample collected pursuant to paragraph - b - at an approved
laboratory of the employee's choice, and the fee payable by
the employee to the employer for reimbursement of expenses
concerning the test. The fee charged an employee shall be an
amount that represents the costs associated with conducting
the second confirmatory test, which shall be consistent with
the employer's cost for conducting the initial confirmatory
test on an employee's sample. If the employee, in person
or by certified mail, return receipt requested, requests a
second confirmatory test, identifies an approved laboratory to
conduct the test, and pays the employer the fee for the test
within seven days from the date the employer mails by certified
mail, return receipt requested, the written notice to the
employee of the employee's right to request a test, a second
confirmatory test shall be conducted at the laboratory chosen
by the employee. The results of the second confirmatory test
shall be reported to the medical review officer who reviewed
the initial confirmatory test results and the medical review
officer shall review the results and issue a report to the
employer on whether the results of the second confirmatory test
confirmed the initial confirmatory test as to the presence of
a specific drug or alcohol. If the results of the second test
do not confirm the results of the initial confirmatory test,
the employer shall reimburse the employee for the fee paid by
the employee for the second test and the initial confirmatory
test shall not be considered a confirmed positive test result
for drugs or alcohol for purposes of taking disciplinary action
pursuant to subsection 10. In lieu of certified mail, return
receipt requested, an employer may offer an employee the option
to receive notifications and make requests as provided in this
subparagraph by in- person exchange of written materials or by
House File 767, p. 3
electronic notification. The employee may choose to receive
notifications and make requests by one of these methods or by
certified mail, return receipt requested.
Sec. 3. Section 730.5, subsection 9, paragraph a, Code 2025,
is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. ( 5) In lieu of certified mail, return
receipt requested, an employer may offer an employee,
prospective employee, or parent of a minor who is an employee
or prospective employee the option to receive copies and
notices as provided in subparagraph ( 1) or ( 2) by in- person
exchange of written materials or by electronic notification.
The employee, prospective employee, or parent of a minor who
is an employee or prospective employee may choose to receive
copies and notices by one of these methods or by certified
mail, return receipt requested.
Sec. 4. Section 730.5, subsection 15, Code 2025, is amended
to read as follows:
15. Ci vi 1 remedies.
a. This section may be enforced through a civil action.
( 1) b. A person An employer who violates this section
or who aids in the violation of this section is liable to an
aggrieved employee or prospective employee for affirmative
relief including reinstatement or hiring, with or without
back pay, or any other equitable relief as the court deems
appropriate including reasonable attorney fees and court costs.
An aggrieved employee or prospective employee has the burden of
proving by a preponderance of the evidence that a violation of
this section directly caused any damages for which affirmative
relief is sought.
( 2) c. When a person an employer commits, is committing,
or proposes to commit, an act in violation of this section, an
injunction may be granted through an action in district court
to prohibit the person from continuing such acts. The action
for injunctive relief may be brought by an aggrieved employee
or prospective employee, the county attorney, or the attorney
general.
b. In an action brought under this subsection alleging that
an employer has required or requested a drug or alcohol test
House File 767, p. 4
proving that the requirements of this section were met.
PAT GRASSLE
Speaker of the House
AMY SINCLAIR
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 767, Ninety-first General Assembly.
Approved v , 2025
MEG AN NELSON
Ch of Clerk
KI
Govern
f the House