Written Drug Testing Policy Requirement; Acknowledged Receipt by Employee; Random Testing; Discharge

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Sec. 2. (a) A home health agency must:

(1) have a written drug testing policy that is distributed to all employees; and

(2) require each employee to acknowledge receipt of the policy.

(b) A home health agency shall randomly test:

(1) at least fifty percent (50%) of the home health agency's employees who:

(A) have direct contact with patients; and

(B) are not licensed by a board or commission under IC 25;

at least annually; and

(2) when the home health agency has reasonable suspicion that an employee is engaged in the illegal use of a controlled substance.

(c) A home health agency shall either discharge or discipline with a minimum of a six (6) month suspension an employee who refuses to submit to a drug test.

As added by P.L.224-2017, SEC.8. Amended by P.L.246-2019, SEC.7; P.L.264-2019, SEC.5.


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