Bill Summary for S 542 (2013-2014)

Summary date: 

Mar 28 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 542 (Public) Filed Thursday, March 28, 2013
A BILL TO BE ENTITLED AN ACT TO REQUIRE LONG-TERM CARE FACILITIES TO REQUIRE APPLICANTS FOR EMPLOYMENT AND CERTAIN EMPLOYEES TO SUBMIT TO DRUG TESTING FOR CONTROLLED SUBSTANCES.
Intro. by Cook, Jackson, Rabin.

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Bill summary

Enacts new GS 131D-45 (concerning adult care homes) and GS 131E-114.4 (concerning nursing homes) to make an offer of employment in either type of home conditioned on the applicant's consent to a controlled substances exam and screening. Provides that if the results indicate the presence of a controlled substance, the home must not employ the applicant unless the applicant provides the home with written verification from his or her doctor stating that every controlled substance identified has been prescribed. Specifies information to be included in the verification. Also allows the home to conduct a second test to verify an initial positive test. Allows the home to require random controlled substance testing as a condition of continued employment and require examination and screening of an employee that the home has reasonable grounds to believe is abusing controlled substances. Provides the home, officers, and employees thereof who comply with the statute with immunity for the failure of the home to employ an individual based on the screening results and also makes those individuals conducting the exams and screenings immune from civil liability for conducting or failing to conduct the exam and screening if they are requested and received in compliance with the statute and relevant Article. Makes the exam and screening results confidential and not a public record. Effective October 1, 2013.

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