1. (a) Except as provided in subsection (b), an employer may not:

   1. (1) require, as a condition of employment, an employee or prospective employee to refrain from using; or

   2. (2) discriminate against an employee with respect to:

      1. (A) the employee's compensation and benefits; or

      2. (B) terms and conditions of employment;

         based on the employee's use of;

         tobacco products outside the course of the employee's or prospective employee's employment.

2. (b) An employer may implement financial incentives:

   1. (1) intended to reduce tobacco use; and
   2. (2) related to employee health benefits provided by the employer.

As added by P.L.175-1991, SEC.1. Amended by P.L.136-2006, SEC.1.