STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman JOE HOWARTH
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Establishes system in which State and local government entities are made aware of certain public safety issues involving medications for certain public employees and applicants.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning public safety and supplementing Titles 11A and 40A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The State, or an appointing authority that has adopted the provisions of Title 11 of the New Jersey Statutes, may define restricted medications and restricted titles. Individuals may be disqualified from public employment in a restricted title if the individual is currently taking one, or more, restricted medications. Medications shall be restricted if the employer determines the medication is a prescribed controlled dangerous substance which may impair an individual’s ability to perform in a restricted title. Titles shall be restricted if the employer determines that the title entails work which could not be safely performed if the individual is taking certain restricted medications.
b. If an individual is required to undergo drug testing, and the individual is employed in, or is a prospective candidate for public employment in, a restricted title pursuant to subsection a. of this section, then the State or appointing authority may take certain actions. The employer may direct the drug testing laboratory to inform the employer and the employer shall notify the Civil Service Commission, that an individual is not qualified to perform in a restricted title if the individual tests positive for a restricted medication. The specific medication, test result, or any other health information regarding the individual shall not be disclosed by the drug testing laboratory to the employer in violation of any State or federal law or regulation.
c. Nothing in this section shall be construed to limit the ability of the State or appointing authority to deny employment to any individual on the grounds that the individual tests positive for the unlawful use of a controlled dangerous substance.
d. Implementation of this law shall be implemented in compliance with the American with Disabilities Act.
2. a. A local government agency may define restricted medications and restricted titles. Individuals may be disqualified from public employment in a restricted title if the individual is currently taking one, or more, restricted medications. Medications shall be restricted if the agency determines the medication is a prescribed controlled dangerous substance which may impair an individual’s ability to perform in a restricted title. Titles shall be restricted if the agency determines that the title entails work which could not be safely performed if the individual is taking certain restricted medications.
b. If an individual is required to undergo drug testing, and the individual is employed in, or is a prospective candidate for public employment in, a restricted title pursuant to subsection a. of this section, then the agency may take certain actions. The agency may direct the drug testing laboratory to inform the agency that an individual is not qualified to perform in a restricted title if the individual tests positive for a restricted medication. The specific medication, test result, or any other health information regarding the individual shall not be disclosed by the drug testing laboratory to the agency in violation of any State or federal law or regulation.
c. Nothing in this section shall be construed to limit the ability of the agency to deny employment to any individual on the grounds that the individual tests positive for the unlawful use of a controlled dangerous substance.
d. Implementation of this law shall be implemented in compliance with the American with Disabilities Act.
e. For purposes of this section, “local government agency” means any agency, board, governing body, including the chief executive officer, bureau, division, office, commission or other instrumentality within a county or municipality, and any independent local authority, including any entity created by more than one county or municipality, which performs functions other than of a purely advisory nature, but shall not include a school board.
3. This act shall take effect 180 days following enactment.
STATEMENT
This bill would allow the State and county and local governmental agencies to be notified when certain employees or prospective employees are unfit for employment due to the use of certain medications.
Currently, certain individuals are subject to drug tests and if the individual tests positive due to a prescribed drug, the individual is reported as negative for drug use due to privacy concerns.
This bill would allow the State and the county and local agencies to define restricted medications and job titles. The agencies could identify job titles as restricted if the job title requires work by the individual that could not be performed safely if the individual was taking certain restricted medications. The restricted medications would be identified as prescribed controlled dangerous substances that could impair an individual’s ability to perform in a restricted title. If the employee, or prospective employee, tests positive for a restricted medication, the drug testing laboratory can be directed to report to the agency that the employee is unfit for the restricted job title.
To ensure medical privacy to the individual, the bill requires that the specific medication, test result, or any other health information regarding the individual be kept confidential by the drug testing laboratory.