(1) Any full- or part-time law enforcement officer who is accused of drug use in violation of the employer’s policies or state law based upon the results of a urinalysis must be afforded the opportunity to undergo a subsequent, more scientifically reliable test before the officer is terminated.
(2) If a full- or part-time law enforcement officer is required as a condition of employment to submit to a urine test for drug use and the result of the test is positive, the officer shall be relieved of duty and placed on administrative leave without pay. The officer is allowed two (2) business days following official written notice of the results to contest the test results. If the officer does not contest the test results within the two-day period, the employer may initiate disciplinary action. If the officer contests the test results within the two-day period, the officer is allowed an additional five (5) days to appear at a certified laboratory and voluntarily submit to the taking of a hair sample for the purpose of a hair follicle test for drug analysis. The hair follicle test shall be initially conducted at the expense of the officer; however, if the test result is negative, the officer shall be reimbursed the cost of the test by the employer. If the test result is positive, the officer shall bear the cost of the test. If the hair follicle test result is negative for the drug or drugs specified in the urinalysis report and thereby does not support the findings of the urinalysis, then the urinalysis results shall be declared a false positive, and the officer shall be immediately placed back into his previous position of employment and shall receive back pay from the date of the officer’s suspension.