EXECUTIVE ORDER MJF 98-38
EXECUTIVE ORDER MJF 98-38
State Employee Drug Testing
WHEREAS, the Office of the Governor and the state of Louisiana have a long-standing commitment to working
toward a drug-free Louisiana;
WHEREAS, the employees of the state of Louisiana are among the state's most valuable resources, and the physical
and mental well-being of these employees is necessary for them to properly carry out their responsibilities;
WHEREAS, substance abuse causes serious adverse consequences to users, impacting on their productivity, health
and safety, dependents, and co-workers, as well as the general public;
WHEREAS, to curb the use of illegal drugs by employees of the state of Louisiana, the Louisiana Legislature enacted
laws which provide for the creation and implementation of drug testing programs for state employees;
WHEREAS, Executive Order Number MJF 97-33, signed on August 29, 1997, created the Drug Testing Task Force
for the purpose of recommending procedures for the implementation of four drug testing programs authorized,
mandated and/or regulated by R.S. 49:1015, as amended by Act Number 1194 of the 1997 Regular Session of the
Legislature, and by Act Nos. 1303 and 1459 of the 1997 Regular Session of the Legislature which direct state agencies
to develop and implement drug testing programs for public employees, elected officials, beneficiaries of certain public
assistance programs, and certain persons who receive anything of economic value from the state; and
WHEREAS, the report of the Drug Testing Task Force, issued on November 3, 1997, included the recommendation
to consider whether to implement drug testing programs for state employees which test:
NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority
vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:
SECTION 4: All information, interviews, reports, statements, memoranda, and/or test results received by the
executive agency through its drug testing program are confidential communications, pursuant to R.S. 49:1012, and
may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings,
except in an administrative or disciplinary proceeding or hearing, or civil litigation where drug use by the tested
individual is relevant.
SECTION 6: Each executive agency shall procure employee drug testing services through the Office of State
Purchasing, Division of Administration, pursuant to applicable bid laws.
SECTION 7: Each executive agency shall submit to the Office of the Governor, through the Commissioner of
Administration, a report on its written policy and drug testing programs, describing the progress of its programs, the
number of employees affected by the programs, the categories of testing being conducted, the associated costs of
testing, and the effectiveness of the programs, by November 1, 1998. Each executive agency shall annually update its
report by November 1.
SECTION 8: All departments, commissions, boards, agencies, and officers of the state, or any political subdivision
thereof, are authorized and directed (or requested pursuant to subsection 1B) to cooperate with the implementation
of the provisions in this Order.
SECTION 9: This Order is effective upon signature and shall remain in effect until amended, modified, terminated,
or rescinded by the governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the state of
Louisiana, at the Capitol, in the city of Baton Rouge, on this 10th day of August, 1998.
M.J. "Mike" Foster, Jr.
Secretary of State