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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.