Indiana § 22-9-5-6 - "Disability" and "illegal use of drugs" defined; illegal drug users; sexual behavior

§ 22-9-5-6. "Disability" and "illegal use of drugs" defined; illegal drug users; sexual behavior

Sec. 6. (a) As used in this chapter, "disability" means with respect to an individual:

(1) a physical or mental impairment that substantially limits at least one (1) of the major life activities of the individual;

(2) a record of an impairment described in subdivision (1); or

(3) being regarded as having an impairment described in subdivision (1).

(b) As used in this subsection, "illegal use of drugs" means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act. The term does not include the use of a drug taken under the supervision of a licensed health care professional or another use authorized by the Controlled Substances Act (21 U.S.C. 812) or other provisions of federal law. For purposes of this chapter, an individual shall not be considered an individual with a disability solely because the individual is currently engaging in the illegal use of drugs. However, this subsection does not exclude as an individual with a disability an individual who:

(1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs;

(2) is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs; or

(3) is erroneously regarded as engaging in the illegal use of drugs but is not engaging in the illegal use of drugs.

It is not a violation of this chapter for a person or other entity covered by this chapter to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subdivision (1) or (2) is no longer engaging in the illegal use of drugs. Nothing in this section shall be construed to encourage, prohibit, restrict, or authorize testing for the illegal use of drugs.

(c) Notwithstanding subsection (b), an individual shall not be denied health services or services provided in connection with drug rehabilitation on the basis of the current illegal use of drugs if the individual is otherwise entitled to those services.

(d) For purposes of this chapter, an individual shall not be considered an individual with a disability solely on the basis of the following:

(1) Homosexuality.

(2) Bisexuality.

(3) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders.

(4) Compulsive gambling, kleptomania, or pyromania.

(5) Psychoactive substance use disorders resulting from current illegal use of drugs (as defined in section 12 of this chapter).

As added by P.L.111-1992, SEC.4. Amended by P.L.99-2007, SEC.187.