Ind. Code ch. 12-23-23

in effect

Ind. Code § 12-23-23-0.5 Approval by commission

Sec. 0.5. This chapter is subject to the approval of the Indiana commission to combat substance use disorder. As added by P.L.195-2018, SEC.9. Amended by P.L.114-2022, SEC.24.

Ind. Code § 12-23-23-1 "Employee"

Sec. 1. As used in this chapter, "employee" means an individual who: (1) has recently been hired by an employer; or (2) is a current employee; and failed a drug screening. As added by P.L.195-2018, SEC.9. Amended by P.L.246-2019, SEC.4.

Ind. Code § 12-23-23-2 "Guidelines"

Sec. 2. As used in this chapter, "guidelines" refers to the best practice guidelines established by the division under section 4 of this chapter. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-3 Employer electing to comply

Sec. 3. An employer may elect to comply with this chapter. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-4 Establishment of best practice guidelines

Sec. 4. The division shall establish best practice guidelines to assist employers with employees who: (1) are qualified for employment with the employer; and (2) have failed a drug screening; to employ the individual if the individual agrees to participate in a drug education and addiction treatment program that complies with the guidelines under this chapter as a condition of continued employment. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-5 Employee eligibility requirements

Sec. 5. An employee may be eligible for a treatment program under this chapter if the employee provides signed consent for the employer to receive necessary documentation regarding participation and completion of services. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-6 Division responsibilities

Sec. 6. The division shall do the following: (1) Promote voluntary participation for all employers regardless of the number of employees. (2) Develop and deliver informational resources and training for employers that include the following information: (A) A definition of a substance use disorder. (B) Signs and symptoms of a substance use disorder. (C) Appropriate treatment options for a substance use disorder. (D) Required substance use disorder treatment confidentiality regulations, including regulations related to the federal Health Insurance Portability and Accountability Act (HIPAA) and adopted under 42 CFR Part 2. (E) Insurance coverage navigation. (F) Addiction recovery. (G) Relapse and how to manage it. (H) Creating a recovery supportive work environment. (I) A list of certified addiction treatment providers that an employer may use under the guidelines to provide onsite drug education and addiction treatment services for the employees. (J) Referrals to addiction treatment professionals licensed under IC 25-23.6. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-7 Guideline requirements; employer authority

Sec. 7. (a) The guidelines must include the following components: (1) Referral for: (A) clinical assessment and evaluation; (B) education; and (C) treatment, if clinically indicated. (2) Verification the employee has: (A) actively participated in a recommended drug education and addiction treatment program; and (B) demonstrated successful compliance with the initial assessment and evaluation recommendations. (3) Providing for a follow-up drug testing plan for the employee. (4) Guidance to employers for actions allowed under subsection (b). (b) An employer may do the following: (1) Require the employee to participate in the recommended drug education and addiction treatment services as a condition of employment. (2) Discipline or terminate the employment of an employee who does not comply with the recommendations for the employee's recommended drug education and addiction treatment services. (3) Elect to pay for all or part of the employee's drug education and addiction treatment services. (4) If the employee has assigned the employee's wages under IC 22-2-6-2(a), deduct from the employee's wages to pay for a part of the employee's drug education and addiction treatment services. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-8 Violation of policy; notification of treatment provider

Sec. 8. If an employee who is in a recommended drug education and addiction treatment program violates the employer's drug policy, the employer is not required to provide any subsequent recommended drug education and addiction treatment. However, if an employer offers an employee an opportunity to retain employment after a violation of the drug policy, the employer shall ensure that the treatment provider is notified of the employee's violation of the employer's drug policy. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-9 Annual collection of information by division; report

Sec. 9. (a) The division shall annually collect the following information: (1) The number of employers participating under this chapter. (2) The following information that each participating employer must submit to the division by March 1 for the preceding calendar year: (A) The number of individuals who applied for employment and failed a drug screening. (B) The number of individuals in clause (A) who were offered employment under the guidelines. (C) The number of individuals in clause (B) who accepted the offer of employment under the guidelines. (D) The number of individuals in clause (B) who declined the offer of employment under the guidelines. (E) The number of individuals in clause (C) who completed a recommended drug education and addiction treatment program. (3) Any other relevant information determined by the division. (b) The division shall report the information collected under subsection (a) to the legislative council. The report submitted under this subsection must be in an electronic format under IC 5-14-6. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-10 Criteria compliance with federal law

Sec. 10. The division shall ensure that the criteria for appropriate drug education and addiction treatment services meet federal requirements under: (1) Executive Order 12564; and (2) Public Law 100-71. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-11 Rules

Sec. 11. The division may adopt rules under IC 4-22-2 to administer this chapter. As added by P.L.195-2018, SEC.9.

Ind. Code § 12-23-23-12 Immunity; not admissible as evidence

Sec. 12. (a) If an employer complies with the requirements under this chapter, the employer is not liable for a civil action alleging negligent hiring for a negligent action by the employee as a result of the employee's drug addiction in the scope of employment. (b) Referral and treatment by an employee assistance program is not sufficient to constitute compliance with this chapter unless all the other requirements of this chapter are met. (c) In a civil action that is against an employer, an employer's agent, or an employer's employee, an employer's participation in a drug education or addiction treatment program is not admissible as evidence. As added by P.L.195-2018, SEC.9. Amended by P.L.246-2019, SEC.5.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026