[Third Reprint]

ASSEMBLY, No. 2956

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED JUNE 12, 2008

 


 

Sponsored by:

Assemblyman LOUIS D. GREENWALD

District 6 (Camden)

Assemblywoman SHEILA Y. OLIVER

District 34 (Essex and Passaic)

Assemblywoman PAMELA R. LAMPITT

District 6 (Camden)

Assemblywoman SANDRA LOVE

District 4 (Camden and Gloucester)

Assemblywoman NILSA CRUZ-PEREZ

District 5 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblywomen Evans, Angelini and Rodriguez

 

 

 

 

SYNOPSIS

     Requires persons applying for employment and employees of State psychiatric hospitals to undergo drug testing.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on September 25, 2008.

  


An Act concerning State psychiatric hospital employees and supplementing Title 30 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  As a condition of employment at a State psychiatric hospital listed in R.S.30:1-7, an applicant for employment shall consent to and undergo drug testing performed by an outside drug testing facility in a manner prescribed by the Commissioner of Human Services.  The drug testing shall be at the expense of the applicant.

     b.  If a person applying for employment at a State psychiatric hospital on or after the effective date of this act tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing, the person shall be removed from consideration for employment.

 

     2.  a.  A person who is employed at a State psychiatric hospital on the effective date of this act shall consent to and undergo drug testing within 180 days of the effective date of this act.  The drug testing shall be at the expense of the 1[employee] 2[Department of Human Services1] employee2.

     b.  1[In addition to the testing requirement in subsection a. of this section, the chief executive officer of a State psychiatric hospital, or his designee, may, on the basis of an employee’s visible impairment or professional misconduct which relates adversely to patient care or safety, require an employee to undergo drug testing.  The drug testing shall be at the expense of the Department of Human Services.

     c.]1 3In addition to the testing requirement in subsection a. of this section, the chief executive officer of a State psychiatric hospital, or his designee, may, on the basis of an employee’s visible impairment or professional misconduct which relates adversely to patient care or safety, require an employee to undergo drug testing.  The drug testing shall be at the expense of the Department of Human Services.

     c.3  If an employee tests positive for the unlawful use of any controlled dangerous substance he may be referred to employee advisory services, or terminated, as applicable, based on his job title.  If an employee refuses to submit to drug testing, the employee shall be terminated.  In all cases, however, the employee shall retain any available right of review by the Merit System Board in the Department of Personnel.

     1[d.] 3[c.1] d. 3  Drug testing 1[subsequent to employment]1 shall be performed by an outside drug testing facility in a manner prescribed by the Commissioner of Human Services.

 

     3.  Pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations necessary to effectuate the purposes of this act, including, but not limited to, those rules and regulations necessary to ensure the confidentiality of the person undergoing drug testing, and that drug test results are not reported to law enforcement authorities.

 

     4.  This act shall take effect on the 90th day after the date of enactment, but the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.