Indiana § 12-23-18-2.5 - Drug testing

§ 12-23-18-2.5. Drug testing

Sec. 2.5. (a) An opioid treatment program must periodically and randomly test, including before receiving treatment, a patient for the following during the patient's treatment by the program:

(1) Methadone.

(2) Cocaine.

(3) Opiates.

(4) Amphetamines.

(5) Barbiturates.

(6) Tetrahydrocannabinol.

(7) Benzodiazepines.

(8) Any other suspected or known drug that may have been abused by the patient.

(b) If a patient tests positive under a test described in subsection (a) for:

(1) a controlled substance other than a drug for which the patient has a prescription or that is part of the patient's treatment plan at the opioid treatment program; or

(2) an illegal drug other than the drug that is part of the patient's treatment plan at the opioid treatment program;

the opioid treatment program and the patient must comply with the requirements under subsection (c).

(c) If a patient tests positive under a test for a controlled substance or illegal drug that is not allowed under subsection (a), the following conditions must be met:

(1) The opioid treatment program must refer the patient to:

(A) the onsite physician; or

(B) another health care provider authorized to conduct the clinical evaluation under section 5(g) of this chapter;

for a clinical evaluation that must be conducted not more than ten (10) days after the date of the patient's positive test. The physician or health care provider shall consult with medical and behavioral staff to conduct the evaluation. The clinical evaluation must recommend a remedial action for the patient that may include discharge from the opioid treatment program or amending the treatment plan to require a higher level of supervision.

(2) The opioid treatment program may not, unless otherwise authorized by the division, allow the patient to take any opioid treatment medications from the treatment facility until the patient has completed a clinical assessment under subdivision (1) and has passed a random test. The patient must report to the treatment facility daily, except when the facility is closed, until the onsite physician or other authorized health care provider who conducts the clinical evaluation under subdivision (1), after consultation with the medical and behavioral staff, determines that daily treatment is no longer necessary.

(3) The patient must take a monthly random test until the patient passes a test under subsection (a).

(d) An opioid treatment program must conduct all tests required under this section in an observed manner to assure that a false sample is not provided by the patient.

As added by P.L.116-2008, SEC.5. Amended by P.L.131-2014, SEC.2; P.L.143-2025, SEC.2.