1. (a) A home health agency must:

   1. (1) have a written drug testing policy that is distributed to all employees; and
   2. (2) require each employee to acknowledge receipt of the policy.

2. (b) A home health agency shall randomly test:

   1. (1) at least fifty percent (50%) of the home health agency's employees who:

      1. (A) have direct contact with patients; and

      2. (B) are not licensed by a board or commission under IC 25 ;

         at least annually; and

   2. (2) when the home health agency has reasonable suspicion that an employee is engaged in the illegal use of a controlled substance.
3. (c) A home health agency shall either discharge or discipline with a minimum of a six (6) month suspension an employee who refuses to submit to a drug test.

As added by P.L.224-2017, SEC.8. Amended by P.L.246-2019, SEC.7; P.L.264-2019, SEC.5.