HB-5183, As Passed House, October 19, 2005

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5183

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 20173a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20173a. (1) If a health facility or agency that is a

 

nursing home, county medical care facility, or home for the aged

 

requires employees who provide direct services to patients or

 

residents within that health facility or agency to submit to

 

substance screening or substance abuse testing, or both, whether

 

random or otherwise, as a condition of employment or continued

 

employment, or both, then that health facility or agency shall have

 

a written substance screening and substance abuse testing policy

 

and shall provide each employee who provides direct services to

 

patients or residents within that health facility or agency at hire


 

with a written notice or copy of that policy. If a notice of the

 

policy is provided in lieu of a copy of the policy, then the notice

 

shall include, but is not limited to, each of the following:

 

     (a) Circumstances under which an employee may be required to

 

submit to a test.

 

     (b) Consequences for refusing to submit to a test.

 

     (c) Procedure for challenging the accuracy of the test

 

results.

 

     (d) Notice and testing requirements.

 

     (2) As used in this section, "substance abuse" means the

 

taking of alcohol or other drugs at dosages that place an

 

individual's social, economic, psychological, and physical welfare

 

in potential hazard or to the extent that an individual loses the

 

power of self-control as a result of the use of alcohol or drugs,

 

or while habitually under the influence of alcohol or drugs,

 

endangers public health, morals, safety, or welfare, or a

 

combination thereof.