Sec. 7. (a) The guidelines must include the following components:

(1) Referral for:

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Terms Used In Indiana Code 12-23-23-7

  • employee: means an individual who:

    Indiana Code 12-23-23-1

  • guidelines: refers to the best practice guidelines established by the division under section 4 of this chapter. See Indiana Code 12-23-23-2
(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.

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