New Jersey § 30:4-3

§ 30:4-3.

a. As a condition of employment as a direct care staff member at a State psychiatric

hospital or developmental center listed in R.S.30:1-7 , an applicant for employment shall consent to and undergo drug testing for controlled

dangerous substances as provided in subsection f. of this section. The drug testing shall be at the expense of the applicant. If a person applying for employment at a State psychiatric hospital or developmental

center on or after the effective date of this act 1 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. b. A person who is employed at a State psychiatric hospital or developmental center

as a direct care staff member shall be subject to random drug testing for controlled

dangerous substances performed at such intervals as the Commissioner of Human Services

deems appropriate. The commissioner shall annually perform random drug tests on 500 direct care staff

members. c. A person who is employed at a State psychiatric hospital or developmental center

as a direct care staff member may be required to undergo drug testing for controlled

dangerous substances if the employee's immediate supervisor has reasonable suspicion

to believe that the employee is illegally using a controlled dangerous substance,

based on the employee's visible impairment or professional misconduct which relates

adversely to patient care or safety. The supervisor shall report this information to his immediate supervisor in a form

and manner specified by the commissioner, and if the supervisor concurs that there

is reasonable suspicion to believe that an employee is illegally using a controlled

dangerous substance, that supervisor shall notify the chief executive officer of the

State psychiatric hospital or developmental center, as applicable, or other executive

level officer of the hospital or developmental center designated by the commissioner,

and request approval in writing for ordering the employee to undergo drug testing. Drug testing of an employee shall not be ordered without the written approval of

the chief executive officer or other executive level officer designated by the commissioner. d. An employee who tests positive for the unlawful use of any controlled dangerous

substance may be referred to employee advisory services, or terminated from employment,

as applicable, based on the employee's job title. An employee who refuses to submit to drug testing shall be terminated from employment. In all cases, however, the employee shall retain any available right of review by

the Civil Service Commission. e. The drug testing required pursuant to subsections b. and c. of this section shall

be at the expense of the Department of Human Services. f. Drug testing shall be performed by an outside drug testing facility in a manner

prescribed by the commissioner. g. The commissioner shall notify all affected employees of State psychiatric hospitals

and developmental centers of the provisions of this section. h. As used in this section, “ direct care staff member ” means a: Human Services Technician; Human Services Assistant; physician; psychiatrist;

dentist; psychologist; nurse; nurse assistant; physical, occupational, or speech

therapist; social worker; and any other staff member employed by a State psychiatric

hospital or developmental center who provides direct care to a patient or resident

at the facility, as determined by the commissioner. i. Pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), the commissioner 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. 1

L.2009, c. 220, eff. April 16, 2010.