Can a Drug Testing Consent be signed electronically?

Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, electronic signatures are legally enforceable if intent is shown, parties consent, the signature can be attributed, and the record is retained.

When is HIPAA relevant to consent?

HIPAA applies when the consent contains protected health information held by a covered entity or business associate; include HIPAA language and execute a BAA with labs when PHI is processed (45 CFR §164.530(j)).

Do I need notarization or witnesses?

Not usually required for drug testing consent, but some states or employer policies may require witness signatures or notarization; verify local law and organizational policy before finalizing form execution.

How can consent be revoked?

Subjects can withdraw consent unless legal exceptions apply; document revocation in writing and note consequences for continued testing or employment actions according to policy and applicable law.

What if the subject refuses to sign?

If consent is refused, follow employer policy and applicable laws; refusal may limit testing options and could trigger alternate procedures such as conditional employment terms or discipline per policy.

How long should signed consents be retained?

Retention depends on applicable rules: generally keep records for at least three years, six years for HIPAA-related records (45 CFR §164.530(j)), and longer if state law or litigation hold applies.

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Drug Testing Consent

Drug Testing Consent

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Drug-Testing Consent - NCAA Division III Athletics

NCAA Form 08-3f Academic Year 2008-09

For: Student-athletes.

Action: Sign and return to your director of athletics.

Due date: Before your institution’s first competition.

Required by: NCAA Constitution 3.2.4.6 and NCAA Bylaws 14.1.4 and 30.5.

Purpose: To assist in certifying eligibility.

TO: STUDENT-ATHLETE

Name of your institution:

You must sign this form to participate (i.e., practice or compete) in intercollegiate athletics. Per NCAA Bylaw 30.5-(b), the director of athletics or the director of athletics’ designee shall disseminate a list of banned drug classes to all student-athletes and educate them about products that might contain banned drugs. Please note that the list may change during the academic year, that updates may be found on the NCAA Web site (i.e., www.ncaa.org) and you will be informed of the procedures your athletic department will use to disseminate updates to the list.

The requirement that you sign this form is indicated in the following articles of the NCAA Division III Manual:

• Constitution 3.2.4.6

• Bylaws 14.1.4 and 30.5

If you have any questions, you should discuss them with your director of athletics.

Drug-Testing Consent.

By signing this form, you affirm that you are aware of the NCAA drug-testing program, which provides:

A student-athlete who tests positive for a banned substance as set forth in Bylaw 31.2.3, shall be declared ineligible for further participation in postseason and regular-season competition during the time period ending one calendar year after the student-athlete’s positive drug test. The student-athlete shall be charged with the loss of a minimum of one season in all sports if the season of participation has not yet begun or a minimum of the equivalent of one full season of participation in all sports if the student-athlete tests positive during his or her season of participation (i.e., the remainder of the contests in the current season and contests in the next season up to the period of time in which the student-athlete was declared ineligible during the previous year). The student-athlete shall remain ineligible until the student-athlete tests negative (in accordance with the testing methods authorized by the NCAA Executive Committee), and the student-athlete’s eligibility is restored by the NCAA Division III Committee on Student-Athlete Reinstatement. [Bylaw 31.2.3]

A student-athlete who tests positive (in accordance with the testing methods authorized by the Executive Committee) shall be charged with the loss of a minimum of one season of participation in all sports if the season of participation has not yet begun for that student-athlete or a minimum of the equivalent of one full season of participation in all sports if the student-athlete tests positive during his or her season of participation (i.e., the remainder of the contests in the current season and contests in the next season up to the period of time in which the student-athlete was declared ineligible during the previous year). The student-athlete shall remain ineligible for all regular-season and postseason competition during the time period ending one calendar year (i.e., 365 days) after the student-athlete’s positive drug test and until the student-athlete tests negative (in accordance with the testing methods authorized by the Executive Committee) and the student-athlete’s eligibility is restored by the Committee on Student-Athlete Reinstatement. [Bylaw 18.4.1.5]

If the student-athlete who tested positive for any drug other than a “street drug” as defined in Bylaw 31.2.3.4 tests positive a second time for the use of any drug other than a “street drug” as defined in Bylaw 31.2.3.4, he or she shall lose all remaining regular-season and postseason eligibility in all sports. If the student-athlete tests positive for the use of a “street drug” after being restored to eligibility, he or she shall be charged with the loss of a minimum of one additional season of participation in all sports and also shall remain ineligible for regular-season and postseason competition at least through the next calendar year. [Bylaw 18.4.1.5]

If a student-athlete transfers to another NCAA institution while ineligible, the institution from which the student-athlete transferred must notify the institution that the student-athlete is ineligible. If the student-athlete immediately transfers to a non-NCAA institution while ineligible and competes in collegiate competition within the 365-day period at the non-NCAA institution, the student-athlete will be ineligible for all NCAA regular-season and postseason competition until the student-athlete does not compete in collegiate competition for a 365-day period. Furthermore, the student-athlete must retest negative (in accordance with the testing methods authorized by the Executive Committee), and the student-athlete’s eligibility must be restored by the Committee on Student-Athlete Reinstatement. [Bylaw 18.4.1.5]

The Executive Committee shall adopt a list of banned drugs and shall authorize methods for drug testing of student-athletes on a year-round basis. This list of banned drugs and the procedure for informing member institutions about authorized methods for drug testing are set forth in Bylaw 31.2.3.4. The list is subject to change and the institution and student-athlete shall be held accountable for all banned drug classes on the current list. The list is located on the NCAA Web site (www.ncaa.org) or may be obtained from the NCAA health and safety staff in Education Outreach. [Bylaw 18.4.1.5]

You agree to allow the NCAA to test you in conjunction with any NCAA championship or in any postseason football game certified by the NCAA for the banned drugs listed in Bylaw 31.2.3.

You agree to allow your drug-test sample to be used by the NCAA drug-testing laboratories for research purposes to improve drug-testing detection. Individual samples will not be personally identified.

You were provided an opportunity to review the procedures for NCAA drug testing that are described in the NCAA Drug-Testing Program brochure.

You understand that this consent and the results of your drug tests, if any, only will be disclosed in accordance with the provisions of the Buckley Amendment Consent.

You agree to disclose your drug-testing results only for purposes related to your eligibility for participation in regular-season and postseason competition.

You agree that you have received a copy of the NCAA list of banned substances.

You affirm that you understand that if you sign this statement falsely or erroneously, you violate NCAA legislation regarding ethical conduct, and you will further jeopardize your eligibility.

By signing below, you consent to be tested by the NCAA in accordance with the rules and regulations of NCAA drug-testing policy.

Date:

Signature of Student-athlete:

Date:

Signature of Parent (if student-athlete is a minor):

Name (Please Print):

Date of Birth:

Age:

Home Address:

Sport(s):

What to do with this form: Sign and return it to your director of athletics before you first compete each year. This form is to be kept in the director of athletics office for six years.

The National Collegiate Athletic Association

June 24, 2008 JB:kh

Attachment - NCAA Banned-Drug Classes 2008-09

The NCAA list of banned-drug classes is subject to change by the NCAA Executive Committee. Contact NCAA education services or www.ncaa.org/health-safety for the current list. The term “related compounds” comprises substances that are included in the class by their pharmacological action and/or chemical structure. No substance belonging to the prohibited class may be used, regardless of whether it is specifically listed as an example.

Many nutritional/dietary supplements contain NCAA banned substances. In addition, the U.S. Food and Drug Administration (FDA) does not strictly regulate the supplement industry; therefore purity and safety of nutritional dietary supplements cannot be guaranteed. Impure supplements may lead to a positive NCAA drug test. The use of supplements is at the student-athlete’s own risk. Student-athletes should contact their institution’s team physician or athletic trainer for further information.

Bylaw 31.2.3. Banned Drugs

The following is a list of banned-drug classes, with some examples of substances under each class. No substance belonging to the banned drug class may be used, regardless of whether it is specifically listed as an example.

(a) Stimulants:

amiphenazole, amphetamine, bemigride, benzphetamine, bromantan, caffeine, chlorphentermine, cocaine, cropropamide, crothetamide, diethylpropion, dimethylamphetamine, doxapram, ephedrine, ethamivan, ethylamphetamine, fencamfamine, meclofenoxate and related compounds, methamphetamine, methylenedioxymethamphetamine (MDMA, ecstasy), methylphenidate, nikethamide, pemoline, pentetrazol, phendimetrazine, phenmetrazine, phentermine, phenylpropanolamine (ppa), picrotoxine, pipradol, prolintane, strychnine, synephrine, citrus aurantium, zhi shi, bitter orange.

The following stimulants are not banned:

phenylephrine, pseudoephedrine

(b) Anabolic Agents:

anabolic steroids, androstenediol, androstenedione, boldenone, clostebol, dehydrochlormethyl-testosterone, dehydroepiandrosterone (DHEA), dihydrotestosterone (DHT), dromostanolone, epitrenbolone, fluoxymesterone, gestrinone, mesterolone, methandienone, methyltestosterone, nandrolone, norandrostenediol, norandrostenedione, norethandrolone, oxandrolone, oxymesterone, oxymetholone, stanozolol, testosterone, tetrahydrogestrinone (THG), trenbolone, and related compounds; other anabolic agents include clenbuterol.

(c) Substances Banned for Specific Sports:

Rifle: alcohol, atenolol, metoprolol, nadolol, pindolol, propranolol, timolol, and related compounds.

(d) Diuretics and other urine manipulators:

acetazolamide, bendroflumethiazide, benzhiazide, bumetanide, chlorothiazide, chlorthalidone, ethacrynic acid, flumethiazide, furosemide, hydrochlorothiazide, hydroflumethiazide, methyclothiazide, metolazone, polythiazide, quinethazone, spironolactone, triamterene, trichlormethiazide, and related compounds.

(e) Street Drugs:

heroin, marijuana (THC), tetrahydrocannabinol.

(f) Peptide Hormones and Analogues:

corticotrophin (ACTH), growth hormone (hGH, somatotrophin), human chorionic gonadotrophin (hCG), insulin like growth factor (IGF-1), leutenizing hormone (LH), erythropoietin (EPO), darbypoetin, sermorelin, and related releasing factors.

(g) Anti-Estrogens:

anastrozole, clomiphene, tamoxifen, and related compounds.

(h) Definitions of positive depends on the following:

Caffeine if concentration in urine exceeds 15 micrograms/ml. Testosterone if the administration of testosterone or use of any other manipulation increases the ratio of total testosterone to epitestosterone in urine to greater than 6:1, unless due to a physiological or pathological condition. Marijuana and THC if the concentration in urine of THC metabolite exceeds 15 nanograms/ml.

31.2.3.4.1 Drugs and Procedures Subject to Restrictions.

The use of the following drugs and/or procedures is subject to certain restrictions and may or may not be permissible, depending on limitations expressed in these guidelines and/or quantities of these substances used.

(a) Blood Doping. The practice of blood doping (the intravenous injection of whole blood, packed red blood cells or blood substitutes) is prohibited.

(b) Local Anesthetics. Limited use is permitted under specified conditions, including only local or topical injections and medically justified use.

(c) Manipulation of Urine Samples. The Executive Committee bans substances and methods that alter the integrity and/or validity of urine samples provided during NCAA drug testing.

(d) Beta 2 Agonists. The use of beta 2 agonists is permitted by inhalation only.

(e) Additional Analysis. Drug screening for select nonbanned substances may be conducted for nonpunitive purposes.

What a Drug Testing Consent Is and What It Covers

Drug Testing Consent is a written authorization that allows an employer, healthcare provider, or testing facility to collect and analyze an individual's biological sample for drug or alcohol screening. It documents the subject's informed consent to the test type, specimen collection method, permitted uses and disclosures of results, and required chain-of-custody procedures. In U.S. programs, a signed consent form helps establish voluntariness, documents identity verification, and creates a record for compliance, disclosure to authorized parties, and subsequent retention or legal review.

Why a Clear Consent Form Matters

A properly completed Drug Testing Consent clarifies test scope and disclosure, helps preserve chain-of-custody, and documents individual authorization to process sensitive health data. It lowers legal risk and supports adherence to privacy obligations such as HIPAA when protected health information is involved.

Common Parties Who Complete Drug Testing Consent Forms

Organizations and individuals who commonly complete Drug Testing Consent forms include employers, occupational health clinics, and pre-employment screening vendors.

Employers: HR or safety teams collecting pre-employment or random workplace test consent.
Healthcare providers: clinics obtaining patient authorization for urine, blood, or hair testing.
Third-party testing labs: to document chain-of-custody and result disclosure permissions.

Individuals subject to testing, including employees, applicants, and patients, must receive clear information and sign consent before collection.

Who Signs and Why

Employer Rep

An authorized employer representative (HR manager, safety director, or designated supervisor) signs to confirm the organization's testing policy, the reason for testing, and the authorization to receive results. Their signature establishes employer consent for testing and result processing.

Test Subject

The employee, applicant, or patient signs to acknowledge informed consent, understand specimen collection procedures, and permit testing and result disclosure as stated. Accurate printed name and date are required; mismatched identity information can affect validity of results or trigger retesting.

Step-by-Step Completion Workflow

Follow these steps to gather valid consent, verify identity, collect the specimen, and preserve the record for potential review or dispute resolution.

01

Provide Form: Give the subject the consent form and required disclosures before any collection.
02

Confirm Identity: Verify photo ID and record identifying details on the form.
03

Collect Specimen: Conduct collection per protocol and document collection data.
04

Record Signatures: Capture signed consent, collector signature, and timestamp for chain-of-custody.

How the Consent-to-Testing Process Typically Flows

A clear process reduces errors: issue consent, verify identity, collect sample, then transmit certified results to authorized recipients.

Request Consent: Provide form and disclosures before collection.
Verify Identity: Check photo ID and record details.
Collect Sample: Follow standardized collection procedure and document.
Report Results: Lab transmits certified results to authorized recipient.

Configuring an Online Consent Workflow

Set up online routing, signer authentication, and attachments so each signed consent captures necessary evidence and chain-of-custody artifacts.

Workflow Field Name and Configuration Details	Default configuration values and recommended settings
Signer Authentication Method and Strength	Email link or SMS code; optionally KBA for higher assurance.
Required Field Validation and Formats	Force MM/DD/YYYY for dates; auto-detect and normalize names.
Attach Chain of Custody Forms Automatically	PDF upload field; preserve original file metadata.
Audit Trail Storage Location and Retention	Enable ISO timestamping; store AES-256 encrypted audit logs.

Platform Capabilities to Support Drug Testing Consent

Ensure the platform supports secure eSigning, authentication options, and audit trails suitable for Drug Testing Consent workflows.

Integrations: Salesforce, NetSuite, Google Workspace support
Formats: PDF, DOCX accepted; preserves signatures
Security: TLS 1.2/1.3 in transit; AES-256 at rest

Key Timing and Deadline Considerations

Observe precise timing: obtain consent prior to collection, document collection events, and retain or disclose results according to legal schedules.

Signature Obtained Prior To Collection:

Consent must be signed before any sample is collected.

Specimen Labeling and Time Logging:

Label at point of collection and log time.

Laboratory Reporting and Recipient Notification:

Confirmatory results reported to authorized recipient per employer policy.

Record Retention and Access Rights:

Retain results according to record retention policies and applicable law.

Retest Criteria and Permitted Timeframe:

Specify circumstances and timeframe for retesting after initial result.

Common Preparation Pitfalls to Avoid

Using ambiguous consent language that fails to specify what tests will be performed or how results will be used creates disputes and may void consent.
Collecting samples before the subject signs consent or without proper ID breaks chain-of-custody and can make results inadmissible for employment actions.
Failing to include HIPAA-compliant disclosures and required BAAs when tests involve protected health information can expose organizations to regulatory penalties.
Relying on scanned handwritten signatures without a clear audit trail or signer authentication increases the risk of repudiation in legal or administrative proceedings.

Essential Data Elements to Capture

Full Legal Name: Exact name from government ID

Date of Birth: MM/DD/YYYY format

Test Type: Specific panel or alcohol test

Specimen Type: Urine, blood, saliva, or hair

Collection Date/Time: MM/DD/YYYY and hh:mm

Signature and Date: Handwritten or e-signed; include time

Penalties and Risks of Incorrect or Missing Consent

Invalid Consent: May invalidate test results

HIPAA Violation: Civil penalties and corrective action

Employment Consequences: Disciplinary actions and litigation risk

Chain-of-Custody Break: Results inadmissible in dispute

Unauthorized Disclosure: Liability for improper information sharing

Retesting Costs: Additional expense and operational delay

Core Elements Every Professional Consent Should Include

A professional Drug Testing Consent form should be clear on scope, specimen handling, disclosure permissions, parties, signatures, and record retention instructions.

Scope

Specify substances screened (for example, opioids, amphetamines), the panel type, threshold levels if applicable, and whether tests are screening or confirmatory to avoid misunderstandings.

Collection

Describe sample type, collection steps, donor identification requirements, observed collection rules, refusal handling, and privacy measures during specimen collection.

Chain of Custody

Document labeling, handling, transport, and custody-transfer steps to preserve sample integrity and evidentiary value for disputes or disciplinary processes.

Use & Disclosure

Explain who will receive results, purposes for sharing, and list third-party recipients such as medical review officers, occupational health, or employer officials.

Privacy

Include HIPAA-related statements when applicable, specify storage protections, retention periods, and procedures for access or amendment requests.

Signatures

Provide signature lines for the subject, collector, employer representative, and space for witness or notary where employer policy or state law requires.

Vendor Pricing and Feature Snapshot for eSigning Consent Forms

Side-by-side vendor pricing and capability comparison relevant to Drug Testing Consent eSignature processing and compliance needs.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Varies by offering	Varies by offering	Varies by offering	Varies by offering

Frequently Asked Questions About Drug Testing Consent

Answers to common questions about eSigning, notarization, privacy, revocation, and recordkeeping for Drug Testing Consent forms.

Need help? Contact support

Can a Drug Testing Consent be signed electronically?
Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, electronic signatures are legally enforceable if intent is shown, parties consent, the signature can be attributed, and the record is retained.
When is HIPAA relevant to consent?
HIPAA applies when the consent contains protected health information held by a covered entity or business associate; include HIPAA language and execute a BAA with labs when PHI is processed (45 CFR §164.530(j)).
Do I need notarization or witnesses?
Not usually required for drug testing consent, but some states or employer policies may require witness signatures or notarization; verify local law and organizational policy before finalizing form execution.
How can consent be revoked?
Subjects can withdraw consent unless legal exceptions apply; document revocation in writing and note consequences for continued testing or employment actions according to policy and applicable law.
What if the subject refuses to sign?
If consent is refused, follow employer policy and applicable laws; refusal may limit testing options and could trigger alternate procedures such as conditional employment terms or discipline per policy.
How long should signed consents be retained?
Retention depends on applicable rules: generally keep records for at least three years, six years for HIPAA-related records (45 CFR §164.530(j)), and longer if state law or litigation hold applies.

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