O.C.G.A.

O.C.G.A. § 45-20-110 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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As used in this article, the term: (1) ‘‘Applicant’’ means a candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state government or who has commenced employment but has not submitted to an established test for illegal drugs. (2) ‘‘Established test’’ means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended). (3) ‘‘Illegal drug’’ means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, or phencyclidine (PCP). The term ‘‘illegal drug’’ shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. (4) ‘‘Job’’ means a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently

PUBLIC OFFICERS & EMPLOYEES

similar in responsibilities and performance standards to be grouped together. (5) ‘‘Medical review officer’’ means a properly licensed physician who reviews and interprets results of drug testings and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results. (6) ‘‘Position’’ means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

History

(Code 1981, § 45-20-110, enacted by Ga. L. 1995, p. 667, § 3; Ga. L. 2012, p. 446, § 1-1/HB 642.)

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1990, commas were deleted following ‘‘Regulations’’ and ‘‘53’’ in paragraph (2).

Law reviews. - For note on 1995 amendments of this Code section and § 45-20-111, see 12 Ga. St. U.L. Rev. 328 (1995).

JUDICIAL DECISIONS Constitutionality. - O.C.G.A. §§ 45-20-90 through 45-20-111 is plainly unconstitutional because it violates applicants’ rights to privacy under the Fourth and Fourteenth Amendments of the

United States Constitution. Georgia Ass’n of Educators v. Harris, 749 F. Supp. 1110 (N.D. Ga. 1990) (decided prior to 1995 repeal and reenactment of this article by Ga. L. 1995, p. 667, §§ 1 and 3).

RESEARCH REFERENCES ALR. - Supreme Court’s views on mandatory testing for drugs or alcohol, 145 ALR Fed. 335.

Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Georgia Ass'n of Educators v. Harris, 749 F. Supp. 1110 (N.D. Ga. 1990).
Georgia Ass'n of Educators v. Harris, 749 F. Supp. 1110 (N.D. Ga. 1990). · cites it 4× “1450, 1990 Georgia Laws 2064 (codified at O.C.G.A. § 45-20-110 through § 45-20-112).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.