An agency considering the development of a drug screening program must examine State laws or regulations that mandate such programs. Several issues arise from the concept of the authority and responsibility to test for drug use. Challenges to drug testing have been based on five constitutional rights: the right against unreasonable search and seizure, the right to due process, the right to confrontation and cross-examination, the right to equal protection, and the right against self-incrimination. State and local issues should also be analyzed by the agency as well as arguments for mandatory versus voluntary drug screening. Other legal issues and concerns that need to be researched relate to confidentiality, screening methodology, reliability of screening methodologies, confirmation, the chain of custody, and court testimony. 6 references