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.