Drug testing based on the SORA legislation
At the request of an institution of higher education the FSHS will perform drug testing in accordance with the current SORA legislation. The FSHS carries out drug testing in accordance with the guidelines of the Ministry of Social Affairs and Health.
An institution of higher education may require a student to present a drug testing certificate in accordance with the “SORA legislation”. The institution of higher education must have a written substance abuse programme and justifiable grounds for requiring the certificate. The justifiable grounds are as follows:
- The student is under the influence of drugs while in on-the-job learning or practical training or while performing practical tasks relating to studies OR
- the student has a drug addiction AND
- testing is necessary to assess the student’s ability to function AND
- the student performs tasks which require particular acuity, care, reliability, independent judgement or good reactions AND
- the student performs tasks where working under the influence of drugs or drug addiction may
- seriously endanger the student’s or some other person’s life or health
- seriously endanger road safety
- seriously endanger the protection or integrity of data protected by confidentiality provisions
- significantly increase the risk of illicit trafficking or distribution of drugs or medicinal agents which are in the possession of the education provider, institution of higher education, on-the-job learning establishment or practical training provider.
The institution of higher education is responsible for the costs related to the drug testing and issuing the certificate as well as the travel expenses of the student concerned.
The institution of higher education must provide the student with the document ‘Data disclosure for healthcare purposes – student required to submit a drug testing certificate’ or submit it to the FSHS. This document should state the reason for requesting the drug testing certificate and any information relating to intoxication detected at the educational institution or the place where the student is undergoing training. So that testing can be performed as soon as possible, the educational institution must inform the FSHS immediately if it has requested the student to submit the certificate. A representative of the educational institution and the student should together call the service number for FSHS partners, or call the coordinator in the student’s healthcare team direct. Drug testing requests are always handled by the FSHS as a matter of urgency. The student will be given an appointment with the healthcare team’s public health nurse or general practitioner to get a referral for drug testing. The necessary sample will be taken promptly by the laboratory.
The student must provide a photo ID both at the appointment and at the laboratory prior to giving a sample. Alternatively the student may bring along a representative from the educational institution who can confirm the identity.
Having obtained the test results, a physician at the FSHS familiar with drug testing will provide the student with a drug testing certificate. The student must submit the certificate to the educational institution concerned. Institutions of higher education have no legal right to obtain such certificates direct from the FSHS.