HOUSE BILL No. 5183

 

September 15, 2005, Introduced by Reps. Hune, Farrah, Gaffney and Vander Veen and referred to the Committee on Senior Health, Security, and Retirement.

 

     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) A health facility or agency that is a nursing

 

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

 

provide each employee, who provides direct services to patients or

 

residents within that health facility or agency, at hire with a

 

written notice of its substance abuse testing policy. The written

 

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

 

     (a) Grounds on which an employee may be required to submit to

 

a test.


 

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

 

     (c) Appeal procedure for challenging the results of the test.

 

     (d) Notice and testing requirements.

 

     (2) A health facility or agency that is a nursing home, county

 

medical care facility, or home for the aged may require an employee

 

who provides direct services to patients or residents in the health

 

facility or agency to submit to substance abuse testing as a

 

condition of employment if that health facility or agency has

 

probable cause to suspect the employee of substance abuse.

 

     (3) A health facility or agency that requires an employee to

 

submit to a test under this section shall pay all costs involved in

 

the substance abuse test.