§ 12-23-18-2.5 — Drug testing

Indiana § 12-23-18-2.5

• Jurisdiction: Indiana
• Art. 23: ADDICTION SERVICES
• Ch. 18: Opioid Treatment Diversion Control and Oversight

Text

5. (a) An opioid treatment program must
periodically and randomly test, including before receiving treatment,
a patient for the following during the patient's treatment by the
program:
(1) Methadone.
(2) Cocaine.
(3) Opiates.
(4) Amphetamines.
(5) Barbiturates.
(6) Tetrahydrocannabinol.
(7) Benzodiazepines.
(8) Any other suspected or known drug that may have been
abused by the patient.
(b) If a patient tests positive under a test described in subsection (a)
for:
(1) a controlled substance other than a drug for which the patient
has a prescription or that is part of the patient's treatment plan at
the opioid treatment program; or
(2) an illegal drug other than the drug that is part of the patient's
treatment plan at the opioid treatment program;
the opioid treatment program and the patient must comply with the
requirements under subsection (c).
(c) If a patient tests positive under a test for a controlled substance
or illegal drug that is not allowed under subsection (a), the following
conditions must be met:
(1) The opioid treatment program must refer the patient to:
(A) the onsite physician; or
(B) another health care provider authorized to conduct the
clinical evaluation under section 5(g) of this chapter;
for a clinical evaluation that must be conducted not more than ten
(10) days after the date of the patient's positive test. The physician
or health care provider shall consult with medical and behavioral
staff to conduct the evaluation. The clinical evaluation must
recommend a remedial action for the patient that may include
discharge from the opioid treatment program or amending the
treatment plan to require a higher level of supervision.
(2) The opioid treatment program may not, unless otherwise
authorized by the division, allow the patient to take any opioid
treatment medications from the treatment facility until the patient
has completed a clinical assessment under subdivision (1) and has
passed a random test. The patient must report to the treatment
facility daily, except when the facility is closed, until the onsite
physician or other authorized health care provider who conducts
the clinical evaluation under subdivision (1), after consultation
with the medical and behavioral staff, determines that daily
treatment is no longer necessary.
(3) The patient must take a monthly random test until the patient
passes a test under subsection (a).
(d) An opioid treatment program must conduct all tests required
under this section in an observed manner to assure that a false sample
is not provided by the patient.

Legislative History

As added by P.L.116-2008, SEC.5. Amended by P.L.131-2014, SEC.2; P.L.143-2025, SEC.2.