16-27-2.5-1. Drug testing of job applicants; use as basis for refusal to hire; contact with patients

IN Code § 16-27-2.5-1 (2019) (N/A)

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Sec. 1. (a) After giving a job applicant written notice of the home health agency's drug testing policy, a home health agency shall require a job applicant who is seeking employment with the home health agency for a position that will have direct contact with a patient to be tested for the illegal use of a controlled substance.

(b) A home health agency may use a job applicant's:

(1) refusal to submit to a drug test; or

(2) positive test result from a drug test;

as a basis for refusing to hire the job applicant.

(c) If a job applicant is hired by the home health agency before the job applicant's results of the drug test are received, the hired individual may not have any contact with patients until the home health agency obtains results of the drug test that indicate that the individual tested negative on the drug test. If the drug test results indicate that the individual tested positive on the drug test, the home health agency shall discharge or discipline the individual. If the home health agency disciplines the individual, the individual may have no direct contact with a patient for at least six (6) months.

As added by P.L.224-2017, SEC.8.

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16-27-2.5-0.5. Applicability

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16-27-2.5-2. Written drug testing policy requirement; acknowledged receipt by employee; random testing; discharge