Authority: IC 12-13-5-3; IC 12-17.2-3.5-15

Affected: IC 12-17.2-3.5

Sec. 15. (a) The provider shall, at no expense to the verifying agency, provide to the verifying agency a copy of drug testing results for the following:

1. (1) The provider.
2. (2) All individuals at least eighteen (18) years of age living in a home where child care is provided.
3. (3) All employees and volunteer caregivers at the facility where child care is provided.

(b) If the test results provided under this section indicate the presence of an illegal controlled substance, the provider is ineligible to receive voucher payments until the individual is suspended or dismissed from employment, no longer cares for children at the facility, or no longer resides with the provider.

(c) The provider shall maintain a written policy providing for reinstatement of a suspended individual following rehabilitation and drug testing results that are negative for illegal controlled substances.

(d) Drug tests must meet the following criteria:

1. (1) Urine panel that tests for amphetamines, cocaine, opiates, phencyclidine, and THC metabolites.
2. (2) Urine collection that is consistent with chain of custody guidelines established by the DOT.
3. (3) Specimen processing by a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMHSA).
4. (4) Evaluation of urine panel results by a certified medical review officer using positive cutoffs established by the DOT.
5. (5) Completed no more than sixty (60) days prior to receipt of initial application by the verifying agency or employee hire date.
6. (6) Employees hired prior to July 1, 2002, may provide drug test results that have been completed after July 1, 2002, or no more than sixty (60) days prior to employment.

(e) The provider shall perform or submit to a random drug testing program on a protocol established by or approved by the division.

(f) The division may require the provider to perform additional drug testing.

(g) The verifying agency shall keep drug test results confidential and will not use drug test results for any other purpose other than for this rule.

(Division of Family Resources; 470 IAC 3-18-15; filed Oct 14, 2004, 2:50 p.m.: 28 IR 953; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR-470190490RFA)