Possession, sale, or use of an adulterant or synthetic urine

(1) (a) As used in this section, "adulterant" means a substance that may be added to human urine or another human bodily fluid to change, dilute, or interfere with the composition, chemical properties, physical appearance, or physical properties of the urine or other bodily fluid. (b) Terms defined in Sections 58-37-101, 76-1-101.5, 76-18-101, and 76-18-201 apply to this section. (2) Under circumstances not amounting to a violation of Section 76-8-510.5, Tampering with evidence, an actor commits possession, sale, or use of an adulterant or synthetic urine if the actor: (a) distributes, possesses, or sells synthetic urine; (b) distributes or sells an adulterant with: (i) intent that the adulterant be used to defeat or defraud an alcohol or drug screening test; or (ii) knowledge that the recipient of the adulterant intends to use the adulterant to defeat or defraud an alcohol or drug screening test; (c) possesses an adulterant with intent to use the adulterant to defeat or defraud an alcohol or drug screening test; or (d) intentionally uses: (i) an adulterant to defeat or defraud an alcohol or drug screening test; (ii) the actor's urine or bodily fluid to defeat or defraud an alcohol or drug screening test if the urine or bodily fluid was expelled or withdrawn before the time at which the urine or bodily fluid is collected for the test; or (iii) the urine or bodily fluid of another individual to defeat or defraud an alcohol or drug screening test. (3) A violation of Subsection (2) is an infraction. (4) An actor does not commit a violation of Subsection (2) if the actor is engaging in conduct described in this section for the sole purpose of education or medical or scientific research. (5) This section does not apply to persons currently under: (a) court-ordered supervision; or (b) the supervision of the Board of Pardons and Parole. (6) An entity that collects specimens for the purpose of testing and screening, and reports the results back to an employer, shall report to the employer and the Department of Public Safety if a report is received that indicates that adulterated or synthetic urine was submitted for an alcohol or drug screening test.