1. Upon the granting of probation to a person convicted of a felony or gross misdemeanor, the court may, when the circumstances warrant, require as a condition of probation that the probationer submit to periodic tests to determine whether the probationer is using any controlled substance. Any such use or any failure or refusal to submit to a test is a violation for which a graduated sanction may be imposed in accordance with the system adopted by the Division pursuant to NRS 176A.510.
2. Any expense incurred as a result of a test must be paid from appropriations to the Division on claims as other claims against the State are paid.