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IN SB0513
Bill
Status
4/7/2017
Primary Sponsor
Brandt Hershman
Click for details
AI Summary
SB 513 Summary: Drug Testing of Home Health Care Employees
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Home health agencies must drug test job applicants and employees with direct patient contact before hire; applicants' refusal or positive results can be basis for denial of employment.
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Agencies must randomly test at least 50% of non-licensed employees with direct patient contact annually, and may test upon reasonable suspicion of controlled substance use.
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Employees who test positive without a valid prescription must be either discharged or suspended from patient contact for at least 6 months; employee pays for confirmation test.
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Discharging, suspending, or refusing to hire based on positive drug test result or refusal to submit to testing is considered "just cause" under unemployment law.
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Home health agencies acting in good faith and complying with the law are immune from civil liability for drug testing and resulting disciplinary actions, except for gross negligence or wanton misconduct.
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Effective July 1, 2017.
Legislative Description
Drug testing of home health care employees. Requires home health agencies to drug test job applicants and employees who come in direct contact with patients. Exempts from drug testing certain licensed home health employees employed by a home health agency. Requires random drug testing of at least 50% of certain home health agency employees to occur at least annually. Allows for random drug testing upon reasonable suspicion of illegal controlled substance use. Requires verification of a positive drug test, and requires the employee to pay for the verification test. Specifies that, unless an employee has a valid prescription for the
Last Action
Concurrence withdrawn
4/21/2017