Sec. 1. 29-A MRSA §2529 is enacted to read:

§2529.__Commercial vehicle accidents

1.__Implied consent.__A person who holds a commercial driver's license has consented to the testing required by this section.__ Consent is implied by operating a commercial motor vehicle.

2.__Requirement.__In addition to any other chemical test required by this subchapter, if there is probable cause to believe that death has occurred or will occur as a result of a motor vehicle accident, the operator of a commercial motor vehicle involved in the accident shall provide a urine sample to be tested for the use of drugs as soon as possible after the accident.

3.__Operator seriously injured.__A commercial motor vehicle operator who is seriously injured and can not provide a specimen at the time of the accident shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there were drugs in the operator's system.

4.__Drug testing.__The urine sample may be tested for drugs, including, but not limited to, marijuana, opiates, cocaine, amphetamines and phencyclidine by the Health and Environmental Testing Laboratory.__The cost of testing must be paid by the Highway Fund.

5.__Sample collection and testing procedure.__The rules adopted pursuant to section 2527 apply to samples collected pursuant to this section.

6.__Refusal to submit to test.__A commercial vehicle operator refuses to submit to a drug test as required by this section if the operator fails to provide adequate urine for drug testing without a valid medical explanation after the operator has received notice of the urine testing requirement from a law enforcement officer, engages in conduct that clearly obstructs the testing process or fails or refuses to provide the authorization required by subsection 3.

7.__Suspension for refusal to submit to test.__The Secretary of State shall suspend for a period of one year the license of a person who fails to submit to a test under this section.

8.__Scope of hearing.__The scope of any hearing the Secretary of State holds pursuant to section 2483 must include