(a) An institution may establish a drug testing policy for employees of the institution. An institution that establishes a drug testing policy under this subsection may adopt the model drug testing policy adopted by the executive commissioner or may use another drug testing policy.
(b) The executive commissioner by rule shall adopt a model drug testing policy for use by institutions. The model drug testing policy must be designed to ensure the safety of residents through appropriate drug testing and to protect the rights of employees. The model drug testing policy must:
(1) require at least one scheduled drug test each year for each employee of an institution that has direct contact with a resident in the institution; and
(2) authorize random, unannounced drug testing for employees described by Subdivision (1).