New Jersey § 38a:3-2b5

§ 38a:3-2b5.

a. As a condition of employment as a direct care staff member at a New Jersey veterans

memorial home, 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 New Jersey veterans memorial home on or after

the effective date of this act 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 New Jersey veterans memorial home as a direct care

staff member shall be subject to random drug testing for controlled dangerous substances

performed at such intervals as the Adjutant General deems appropriate. The Adjutant General shall annually perform random drug tests on 100 direct care

staff members. c. A person who is employed at a New Jersey veterans memorial home 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 Adjutant General, 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

New Jersey veterans memorial home, or other executive level officer of the veterans

memorial home designated by the Adjutant General, 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 Adjutant

General. 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 Military and Veterans' Affairs. f. Drug testing shall be performed by an outside drug testing facility in a manner

prescribed by the Adjutant General. g. The Adjutant General shall notify all affected employees of New Jersey veterans

memorial homes 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 veterans memorial

home who provides direct care to a resident at the facility, as determined by the

Adjutant General. i. Pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), the Adjutant General 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.