§ 22-9-5-6 — "Disability" and "illegal use of drugs" defined; illegal drug users; sexual behavior

(a) As used in this chapter, "disability" means
with respect to an individual:
(1) a physical or mental impairment that substantially limits at
least one (1) of the major life activities of the individual;
(2) a record of an impairment described in subdivision (1); or
(3) being regarded as having an impairment described in
subdivision (1).
(b) As used in this subsection, "illegal use of drugs" means the use
of drugs the possession or distribution of which is unlawful under the
Controlled Substances Act. The term does not include the use of a drug
taken under the supervision of a licensed health care professional or
another use authorized by the Controlled Substances Act (21 U.S.C.
812) or other provisions of federal law. For purposes of this chapter, an
individual shall not be considered an individual with a disability solely
because the individual is currently engaging in the illegal use of drugs.
However, this subsection does not exclude as an individual with a
disability an individual who:
(1) has successfully completed a supervised drug rehabilitation
program and is no longer engaging in the illegal use of drugs or
has otherwise been rehabilitated successfully and is no longer
engaging in the illegal use of drugs;
(2) is participating in a supervised rehabilitation program and is
no longer engaging in the illegal use of drugs; or
(3) is erroneously regarded as engaging in the illegal use of drugs
but is not engaging in the illegal use of drugs.
It is not a violation of this chapter for a person or other entity covered
by this chapter to adopt or administer reasonable policies or
procedures, including but not limited to drug testing, designed to
ensure that an individual described in subdivision (1) or (2) is no
longer engaging in the illegal use of drugs. Nothing in this section shall
be construed to encourage, prohibit, restrict, or authorize testing for the
illegal use of drugs.
(c) Notwithstanding subsection (b), an individual shall not be denied
health services or services provided in connection with drug
rehabilitation on the basis of the current illegal use of drugs if the
individual is otherwise entitled to those services.
(d) For purposes of this chapter, an individual shall not be
considered an individual with a disability solely on the basis of the
following:
(1) Homosexuality.
(2) Bisexuality.
(3) Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders.
(4) Compulsive gambling, kleptomania, or pyromania.
(5) Psychoactive substance use disorders resulting from current
illegal use of drugs (as defined in section 12 of this chapter).

Legislative History

As added by P.L.111-1992, SEC.4. Amended by P.L.99-2007, SEC.187.