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.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 5 of Chapter 131D of the General Statutes is amended by adding the following new section to read:
"§ 131D‑45. Testing for the presence of controlled substances required for applicants for employment in adult care homes.
(a)	An offer of employment by an adult care home licensed under this Chapter to an applicant is conditioned on the applicant's consent to an examination and screening for controlled substances. The examination and screening shall be conducted in accordance with Article 20 of Chapter 95 of the General Statutes. If the results of the applicant's examination and screening indicate the presence of a controlled substance, the adult care home shall not employ the applicant unless and until the applicant provides to the adult care home written verification from the applicant's prescribing physician that every controlled substance identified by the examination and screening is prescribed by that physician to treat the applicant's medical or psychological condition. The verification from the physician shall include the name of the controlled substance, the prescribed dosage and frequency, and the condition for which the substance is prescribed. If the results of an applicant's or employee's examination and screening indicates the presence of a controlled substance, the adult care home may require a second examination and screening to verify the results of the prior examination and screening.
(b)	An adult care home may require random testing for controlled substances as a condition of continued employment. If the adult care home has reasonable grounds to believe that an employee is an abuser of a controlled substance, the adult care home may require that employee to undergo examination and screening for controlled substances as a condition of continued employment.
(c)	An adult care home and an officer or employee of an adult care home that, in good faith, complies with this section is not liable for the failure of the adult care home to employ or continue the employment of an individual on the basis of the results of an examination and screening  of the applicant or employee for controlled substances.
(d)	An entity and officers and employees of an entity that performs controlled substance testing in accordance with Article 20 of Chapter 95 of the General Statutes shall be immune  from civil liability for conducting or failing to conduct the examination and screening if the examination and screening are requested and received in compliance with this section and with Article 20 of Chapter 95 of the General Statutes.
(e)	The results of an examination and screening conducted at the request of an adult care home in accordance with this section are confidential and not a public record and the adult care home shall maintain the confidentiality of all information related to the examination and screening of an applicant for employment or an individual currently employed by the adult care home."
SECTION 2.  Part 1 of Article 6 of Chapter 131E of the General Statutes is amended by adding the following new section to read:
"§ 131E‑114.4. Testing for the presence of controlled substances required for applicants for employment in nursing homes.
(a)	An offer of employment by a nursing home licensed under this Chapter to an applicant is conditioned on the applicant's consent to an examination and screening for controlled substances. The examination and screening shall be conducted in accordance with Article 20 of Chapter 95 of the General Statutes. If the results of the applicant's examination and screening indicate the presence of a controlled substance, the nursing home shall not employ the applicant unless and until the applicant provides to the nursing home written verification from the applicant's prescribing physician that every controlled substance identified by the examination and screening is prescribed by that physician to treat the applicant's medical or psychological condition. The verification from the physician shall include the name of the controlled substance, the prescribed dosage and frequency, and the condition for which the substance is prescribed. If the results of an applicant's or employee's examination and screening indicate the presence of a controlled substance, the nursing home may require a second examination and screening to verify the results of the prior examination and screening.
(b)	A nursing home may require random testing for controlled substances as a condition of continued employment. If the nursing home has reasonable grounds to believe that an employee is an abuser of a controlled substance, the nursing home may require that employee to undergo examination and screening for controlled substances as a condition of continued employment.
(c)	A nursing home and an officer or employee of a nursing home that, in good faith, complies with this section is not liable for the failure of the nursing home to employ or continue the employment of an individual on the basis of the results of an examination and screening  of the applicant or employee for controlled substances.
(d)	An entity and officers and employees of an entity that performs controlled substance testing in accordance with Article 20 of Chapter 95 of the General Statutes shall be immune  from civil liability for conducting or failing to conduct the examination and screening if the examination and screening are requested and received in compliance with this section and with Article 20 of Chapter 95 of the General Statutes.
(e)	The results of an examination and screening conducted at the request of a nursing home in accordance with this section are confidential and not a public record, and the nursing home shall maintain the confidentiality of all information related to the examination and screening of an applicant for employment or an individual currently employed by the adult care home."
SECTION 3.  This act becomes effective October 1, 2009.