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.
Structure Indiana Code
Article 27. Home Health Agencies
Chapter 2.5. Drug Testing of Employees
16-27-2.5-1. Drug Testing of Job Applicants; Use as Basis for Refusal to Hire; Contact With Patients
16-27-2.5-3. Positive Drug Test; Valid Prescription Exemption; Verification; Discharge
16-27-2.5-5. Immunity From Civil Liability; Gross Negligence or Willful or Wanton Misconduct