Or. Admin. Code § 407-005-0015 - Illegal Drug Use
(1) The ADA
protects qualified individuals with a disability, including certain individuals
with substance use disorder, but does not provide protections against
discrimination for individuals currently engaged in the illegal use of drugs.
(a) Illegal use of drugs means the use of one
or more drugs, the possession or distribution of which is unlawful under the
Controlled Substances Act (21 U.S.C.
812). The term illegal use of drugs does not
include the use of a drug taken under supervision by a licensed health care
professional, or other uses authorized by the Controlled Substances Act or
other provisions of Federal law.
(b) Current illegal use of drugs means
illegal use of drugs that occurred recently enough to justify a reasonable
belief that a person's drug use is current or that continuing use is a real and
ongoing problem.
(2) The
Department shall not discriminate on the basis of illegal use of drugs against
an individual who is not engaging in current illegal use of drugs and who:
(a) Has successfully completed a supervised
drug rehabilitation program or has otherwise been rehabilitated
successfully;
(b) Is participating
in a supervised rehabilitation program; or
(c) Is erroneously regarded as engaging in
such use.
(3) The
Department shall not deny health services, or services provided in connection
with drug rehabilitation, to an individual on the basis of that individual's
current illegal use of drugs, if the individual is otherwise entitled to such
services.
(4) A drug rehabilitation
or treatment program may deny participation to individuals who engage in
illegal use of drugs while they are in the program.
(5) The Department may adopt reasonable rules
or policies related to drug testing that are designed to ensure that an
individual who formerly engaged in the illegal use of drugs is not now engaging
in the current illegal use of drugs.
Notes
Statutory/Other Authority: ORS 409.050, 28 C.F.R. § 35.131 & 42 U.SC 12210(b) and (d)
Statutes/Other Implemented: ORS 409.050
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