CHAPTER 151 RESIDENTIAL CARE AND HEALTH FACILITY LICENSING
Drug-Free Workplace for Licensed Health Care Facilities and Providers
Section 151:41
151:41 Controlled Substance Abuse, Misuse, and Diversion Prevention. –
I. Facilities and providers licensed under this chapter, with the exception of laboratories and collection stations, shall adopt a policy establishing procedures for prevention, detection, and resolution of controlled substance abuse, misuse, and diversion. The facility or provider shall establish written procedures to implement its policy that shall apply to employees, contractors, and agents of the facility who provide direct or hands on care to clients when acting within the scope of their employment or representation and shall designate an employee or interdisciplinary team of employees to be responsible for the policy.
II. The policy required under paragraph I shall include:
(a) Education of health care workers.
(b) Procedures for monitoring storage, distribution, and procurement of inventory if controlled substances are stored, dispensed, or administered at the health care setting.
(c) Procedures for voluntary self-referral by addicted employees.
(d) Procedures for co-worker reporting.
(e) Procedures for drug testing which shall include, at a minimum, testing where reasonable suspicion exists.
(f) Procedures for employee assistance.
(g) Provisions for confidentiality.
(h) A process for the investigation, reporting, and resolution of drug misuse or diversion.
(i) Consequences for violation of the drug misuse and diversion prevention policy.