AMENDMENT PROPOSED BY THE SENATE COMMITTEE ON COMMERCE AND LABOR

1. Page 1, introduced, line 28, after intoxication

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the remainder of line 28 and all of line 29.

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or use of a nonprescribed controlled substance identified as such in Chapter 34 (§ 54.1-3400, et seq.) of Title 54.1, and there was at the time of the injury or death an amount of alcohol or nonprescribed controlled substance in the bodily fluids of the employee which (i) is equal to or greater than the standard set forth in § 18.2-266, or (ii) in the case of use of a nonprescribed controlled substance, yields a positive test result from a National Institute on Drug Abuse (NIDA) certified laboratory, there shall be a rebuttable presumption that the employee was intoxicated or using a nonprescribed controlled substance at the time of his injury or death.