16-27-2.5-0.5. Applicability
Sec. 0.5. This chapter does not apply to a home health employee licensed under IC 25. As added by P.L.224-2017, SEC.8.
16-27-2.5-1. Drug Testing of Job Applicants; Use as Basis for Refusal to Hire; Contact With Patients
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 […]
16-27-2.5-2. Written Drug Testing Policy Requirement; Acknowledged Receipt by Employee; Random Testing; Discharge
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 […]
16-27-2.5-3. Positive Drug Test; Valid Prescription Exemption; Verification; Discharge
Sec. 3. If an employee tests positive on a drug test, and the employee does not have a valid prescription for the substance for which the employee tested positive on the drug test, the home health agency shall have the results of the test verified by a confirmation test. The employee shall pay for the […]
16-27-2.5-4. Just Cause
Sec. 4. A home health agency that: (1) discharges or disciplines an employee; or (2) refuses to hire a job applicant; because of a positive drug test result or a refusal to submit to a drug test is considered to have discharged, disciplined, or refused to hire the individual for just cause. As added by […]
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) […]