Indiana Code
Chapter 2.5. Drug Testing of Employees
16-27-2.5-5. Immunity From Civil Liability; Gross Negligence or Willful or Wanton Misconduct

Sec. 5. (a) A home health agency, when acting in good faith, is immune from civil liability for:
(1) conducting employee drug testing in compliance with this chapter; or
(2) taking an employee disciplinary action or discharging an employee in compliance with this chapter as a result of the employee drug testing.
(b) Subsection (a) does not apply to actions that constitute gross negligence or willful or wanton misconduct.
As added by P.L.224-2017, SEC.8.

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Structure Indiana Code

Indiana Code

Title 16. Health

Article 27. Home Health Agencies

Chapter 2.5. Drug Testing of Employees

16-27-2.5-0.5. Applicability

16-27-2.5-1. Drug Testing of Job Applicants; Use as Basis for Refusal to Hire; Contact With Patients

16-27-2.5-2. Written Drug Testing Policy Requirement; Acknowledged Receipt by Employee; Random Testing; Discharge

16-27-2.5-3. Positive Drug Test; Valid Prescription Exemption; Verification; Discharge

16-27-2.5-4. Just Cause

16-27-2.5-5. Immunity From Civil Liability; Gross Negligence or Willful or Wanton Misconduct