§ 12-23-23-7 — Guideline requirements; employer authority

(a) The guidelines must include the following
components:
(1) Referral for:
(A) clinical assessment and evaluation;
(B) education; and
(C) treatment, if clinically indicated.
(2) Verification the employee has:
(A) actively participated in a recommended drug education and
addiction treatment program; and
(B) demonstrated successful compliance with the initial
assessment and evaluation recommendations.
(3) Providing for a follow-up drug testing plan for the employee.
(4) Guidance to employers for actions allowed under subsection
(b).
(b) An employer may do the following:
(1) Require the employee to participate in the recommended drug
education and addiction treatment services as a condition of
employment.
(2) Discipline or terminate the employment of an employee who
does not comply with the recommendations for the employee's
recommended drug education and addiction treatment services.
(3) Elect to pay for all or part of the employee's drug education
and addiction treatment services.
(4) If the employee has assigned the employee's wages under IC 22-2-6-2(a), deduct from the employee's wages to pay for a part
of the employee's drug education and addiction treatment
services.

Legislative History

As added by P.L.195-2018, SEC.9.