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Last revision:  July 26, 1991
 
 35.131  Illegal use of drugs.                                         
  
     (a) General.  (1) Except as provided in paragraph (b) of this     
 section, this part does not prohibit discrimination against an        
 individual based on that individual's current illegal use of drugs.   
     (2) A public entity shall not discriminate on the basis of illegal
 use of drugs against an individual who is not engaging in current     
 illegal use of drugs and who --                                       
     (i) Has successfully completed a supervised drug rehabilitation   
 program or has otherwise been rehabilitated successfully;             
     (ii) Is participating in a supervised rehabilitation program;  or 
     (iii) Is erroneously regarded as engaging in such use.            
     (b) Health and drug rehabilitation services.  (1) A public entity 
 shall not deny health services, or services provided in connection    
 with drug rehabilitation, to an individual on the basis of that       
 individual's current illegal use of drugs, if the individual is       
 otherwise entitled to such services.                                  
     (2) A drug rehabilitation or treatment program may deny           
 participation to individuals who engage in illegal use of drugs while 
 they are in the program.                                              
     (c) Drug testing.  (1) This part does not prohibit a public entity
 from adopting or administering reasonable policies or procedures,     
 including but not limited to drug testing, designed to ensure that an 
 individual who formerly engaged in the illegal use of drugs is not now
 engaging in current illegal use of drugs.                             
     (2) Nothing in paragraph (c) of this section shall be construed to
 encourage, prohibit, restrict, or authorize the conduct of testing for
 the illegal use of drugs.