New Jersey § 30:6d-9

§ 30:6d-9.

a. (1) A person applying for employment as a direct care staff member at a program,

facility, or living arrangement licensed or funded by the department, other than a

developmental center that is already subject to the provisions of section 1 of P.L.2009, c. 220 ( C.30:4-3.27 ), shall consent to and undergo drug testing for controlled dangerous substances as

a condition of such employment. (2) If a person applying for employment pursuant to this subsection, on or after the

effective date of P.L.2017, c. 238 ( C.30:6D-9.1 et al.), tests positive for the unlawful use of any controlled dangerous substance,

or refuses to submit to drug testing as required by this subsection, the person shall

be removed from consideration for employment. b. (1) Direct care staff members employed at a program, facility, or living arrangement

identified in subsection a. of this section, shall be subject, during the course of

employment, to random drug testing for controlled dangerous substances, as provided

by this subsection. (2) At least once a year, the employing program, facility, or living arrangement shall

require one or more of the direct care staff members employed thereby to undergo random

drug testing for controlled dangerous substances. The person who is responsible for the overall operation of the program, facility,

or living arrangement shall have the discretion to determine the total number of direct

care staff members who will be required to undergo random drug testing, each year,

pursuant to this subsection. c. In addition to the annual performance of random drug testing, as provided by subsection

b. of this section, a program, facility, or living arrangement identified in subsection

a. of this section may additionally require a direct care staff member employed thereby

to undergo drug testing for controlled dangerous substances, at any time, if the direct

care staff member's immediate supervisor has reasonable suspicion to believe that

the staff member is illegally using a controlled dangerous substance, based on the

staff member'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 latter concurs that there is

reasonable suspicion to believe that a direct care staff member is illegally using

a controlled dangerous substance, that supervisor shall notify the person who is responsible

for the overall operation of the program, facility, or living arrangement, and request

written approval therefrom to order the direct care staff member to undergo drug testing

pursuant to this subsection. Drug testing under this subsection shall not be ordered without the written approval

of the person who is responsible for the overall operation of the program, facility,

or living arrangement. d. If a direct care staff member is subjected to a drug test under subsection b. or

c. of this section, and tests positive for the unlawful use of any controlled dangerous

substance, the direct care staff member may be referred for treatment services or

terminated from employment. A direct care staff member who refuses to submit to drug testing, as required by

subsection b. or c. of this section, shall be terminated from employment. e. Any drug testing performed pursuant to this section shall be done at the expense

of the department. f. Any program, facility, or living arrangement identified in subsection a. of this

section, which employs a direct care staff member, shall notify the staff member of

the provisions of this section.