30:6D-9.5 Drug testing for direct care staff applicants and employees.

5. a. (1) A person applying for employment as a direct care staff member at a program, facility, or living arrangement licensed or funded by the department, other than a developmental center that is already subject to the provisions of section 1 of P.L.2009, c.220 (C.30:4-3.27), shall consent to and undergo drug testing for controlled dangerous substances as a condition of such employment.

(2) If a person applying for employment pursuant to this subsection, on or after the effective date of P.L.2017, c.238 (C.30:6D-9.1 et al.), tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing as required by this subsection, the person shall be removed from consideration for employment.

b. (1) Direct care staff members employed at a program, facility, or living arrangement identified in subsection a. of this section, shall be subject, during the course of employment, to random drug testing for controlled dangerous substances, as provided by this subsection.

(2) At least once a year, the employing program, facility, or living arrangement shall require one or more of the direct care staff members employed thereby to undergo random drug testing for controlled dangerous substances. The person who is responsible for the overall operation of the program, facility, or living arrangement shall have the discretion to determine the total number of direct care staff members who will be required to undergo random drug testing, each year, pursuant to this subsection.

c. In addition to the annual performance of random drug testing, as provided by subsection b. of this section, a program, facility, or living arrangement identified in subsection a. of this section may additionally require a direct care staff member employed thereby to undergo drug testing for controlled dangerous substances, at any time, if the direct care staff member's immediate supervisor has reasonable suspicion to believe that the staff member is illegally using a controlled dangerous substance, based on the staff member's visible impairment or professional misconduct which relates adversely to patient care or safety. The supervisor shall report this information to his immediate supervisor in a form and manner specified by the commissioner, and, if the latter concurs that there is reasonable suspicion to believe that a direct care staff member is illegally using a controlled dangerous substance, that supervisor shall notify the person who is responsible for the overall operation of the program, facility, or living arrangement, and request written approval therefrom to order the direct care staff member to undergo drug testing pursuant to this subsection. Drug testing under this subsection shall not be ordered without the written approval of the person who is responsible for the overall operation of the program, facility, or living arrangement.

d. If a direct care staff member is subjected to a drug test under subsection b. or c. of this section, and tests positive for the unlawful use of any controlled dangerous substance, the direct care staff member may be referred for treatment services or terminated from employment. A direct care staff member who refuses to submit to drug testing, as required by subsection b. or c. of this section, shall be terminated from employment.

e. Any drug testing performed pursuant to this section shall be done at the expense of the department.

f. Any program, facility, or living arrangement identified in subsection a. of this section, which employs a direct care staff member, shall notify the staff member of the provisions of this section.

L.2017, c.238, s.5.