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HB60 • 2026

First responders; authorize follow-up drug testing before certification.

AN ACT TO CREATE NEW SECTION 45-6-16, MISSISSIPPI CODE OF 1972, TO CREATE A RIGHT TO FOLLOW-UP TESTING FOR A FIRST RESPONDER WHO TESTS POSITIVE FOR ILLEGAL DRUG USE AND TO PROVIDE FOR TERMS OF SUSPENSION PENDING THE RECEIPT OF RESULTS FROM THE FOLLOW-UP TEST; TO AMEND SECTION 45-6-17, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Arnold
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

Checked against official source text during the last sync.

First Responders; Allow Follow-Up Drug Testing

This bill allows first responders who test positive for illegal drug use to have a follow-up hair follicle test before facing suspension or termination.

What This Bill Does

  • Defines 'first responder' as firefighters, law enforcement officers, and public EMS personnel with at least ten years of service.
  • Requires employers to allow first responders accused of drug use based on a urinalysis to have a more scientifically reliable hair follicle test before taking disciplinary action.
  • Gives the first responder two business days to contest the initial positive result and five additional days for a follow-up hair follicle test if contested.
  • Reimburses the cost of the hair follicle test if it shows no drug use, but requires the responder to pay if the test is positive.

Who It Names or Affects

  • First responders who have been employed for at least ten years and are accused of illegal drug use based on a urinalysis.
  • Employers of first responders who must provide follow-up hair follicle tests when requested by an employee.

Terms To Know

Law enforcement officer
An officer certified by the Mississippi Board on Law Enforcement Officer Standards and Training with at least ten years of service.
First responder
A firefighter, law enforcement officer, or public EMS personnel who has been employed for at least ten years.

Limits and Unknowns

  • The bill did not pass and therefore does not have legal effect.
  • Details about the specific costs of follow-up tests are not provided in the summary.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-07 Mississippi Legislative Bill Status System

    01/07 (H) Referred To Judiciary B

Official Summary Text

First responders; authorize follow-up drug testing before certification.

Current Bill Text

Read the full stored bill text 
H. B. No. 60 *HR26/R1319* ~ OFFICIAL ~ G1/2
26/HR26/R1319
PAGE 1 (GT\KW)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Arnold

HOUSE BILL NO. 60

AN ACT TO CREATE NEW SECTION 45-6-16, MISSISSIPPI CODE OF 1
1972, TO CREATE A RIGHT TO FOLLOW-UP TESTING FOR A FIRST RESPONDER 2
WHO TESTS POSITIVE FOR ILLEGAL DRUG USE AND TO PROVIDE FOR TERMS 3
OF SUSPENSION PENDING THE RECEIPT OF RESULTS FROM THE FOLLOW-UP 4
TEST; TO AMEND SECTION 45-6-17, MISSISSIPPI CODE OF 1972, TO 5
CONFORM; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. The following shall be codified as Section 8
45-6-16, Mississippi Code of 1972: 9
45-6-16. (1) The following words shall have the meanings 10
described herein, as follows: 11
(a) "Law enforcement officer" means any officer who has 12
been certified by the Mississippi Board on Law Enforcement Officer 13
Standards and Training and has ten (10) or more years of service. 14
(b) "Firefighter" means any firefighter who has ten 15
(10) or more years of service and is employed by the State of 16
Mississippi, or any political subdivision thereof, on a full-time 17
duty status, and any firefighter who has ten (10) or more years of 18
service and is registered with the State of Mississippi, or a 19
political subdivision thereof, on a volunteer firefighting status. 20
H. B. No. 60 *HR26/R1319* ~ OFFICIAL ~
26/HR26/R1319
PAGE 2 (GT\KW)

(c) "Public EMS personnel" means a licensed certified 21
paramedic, emergency medical technician or emergency medical 22
responder who is employed by the State of Mississippi or a 23
political subdivision of the state on a full-time basis. 24
(d) "First responder" means any firefighter, law 25
enforcement officer or public EMS personnel as defined in this 26
act. 27
(2) Any first responder who is accused of drug use in 28
violation of the employer's policies or state law based upon the 29
results of a urinalysis must be afforded the opportunity to 30
undergo a subsequent more scientifically reliable test before the 31
officer is terminated or is suspended without pay. 32
(3) If a first responder is required as a condition of 33
employment to submit to a urine test or drug use and the result of 34
the test is positive, the officer may be relieved of duty and 35
placed on administrative leave with pay. The first responder is 36
allowed two (2) business days following official written notice of 37
the results to contest the test results. If the first responder 38
does not contest the test results within the two-day period, the 39
employer may initiate disciplinary action. If the test results 40
are contested within the two-day period, the first responder is 41
allowed an additional five (5) days to appear at a certified 42
laboratory and voluntarily submit to the taking of a hair sample 43
for the purpose of a hair follicle test for drug analysis. The 44
hair follicle test is initially at the expense of first responder; 45
H. B. No. 60 *HR26/R1319* ~ OFFICIAL ~
26/HR26/R1319
PAGE 3 (GT\KW)

however, if the hair follicle test result is negative, the first 46
responder shall be reimbursed the cost of the test by the employer 47
and the employer shall not require the first responder to conduct 48
follow-up tests. If the test result is positive, the first 49
responder shall bear the cost of the test. If the hair follicle 50
test result is negative for the drug or drugs specified in the 51
urinalysis report and thereby does not support the findings of the 52
urinalysis, then the urinalysis results shall be declared a false 53
positive, and first responder shall be immediately placed back 54
into his or her previous position of employment. 55
SECTION 2. Section 45-6-17, Mississippi Code of 1972, is 56
amended as follows: 57
45-6-17. (1) Any full- or part-time law enforcement officer 58
who does not comply with the provisions of this chapter, or whose 59
certificate has been suspended or revoked under provisions of this 60
chapter, shall not be authorized to exercise the powers of law 61
enforcement officers generally, and particularly shall not be 62
authorized to exercise the power of arrest. 63
(2) Any state agency or political subdivision that employs a 64
person as a full- or part-time law enforcement officer who does 65
not meet the requirements of this chapter, or who employs a person 66
whose certificate has been suspended or revoked under provisions 67
of this chapter, is prohibited from paying the salary of such 68
person, or providing any public monies for the equipment or 69
support of the law enforcement activities of such person and any 70
H. B. No. 60 *HR26/R1319* ~ OFFICIAL ~
26/HR26/R1319
PAGE 4 (GT\KW)
ST: First responders; authorize follow-up drug
testing before certification.
person violating this subsection shall be personally liable for 71
making such payment, except as otherwise provided in Section 72
45-6-16. 73
SECTION 3. This act shall take effect and be in force from 74
and after July 1, 2026. 75