No cause of action for defamation of character, libel, slander, or damage to reputation arises in favor of any person against an employer who has established a program of drug or alcohol testing in accordance with this chapter, unless: (1) the results of that test were disclosed to any person other than the employer, an authorized employee or agent of the employer, the tested employee, or the tested prospective employee; (2) the information disclosed is based on an inaccurate test result; (3) an inaccurate test result is disclosed with malice; and (4) all elements of an action for defamation of character, libel, slander, or damage to reputation as established by statute or common law, are satisfied.
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