The first law in the nation to require the widespread drug testing of health care employees may be on its way to passage, as the New Hampshire House of Representatives has passed by a vote of 289-48, without debate, “An Act relative to the drug-free workplaces for licensed health care facilities and providers,” on January 22. The measure (H.B. 597-FN) would mandate that licensed entities establish “procedures for drug testing which shall include, at a minimum, testing where reasonable suspicion exists,” as part of a broader “drug misuse and diversion prevention policy” providing for the “prevention, detection, and resolution of controlled substance abuse, misuse and diversion.” The policy would apply to “employees, contractors, and agents of the facility who provide direct or hands on care to clients when acting within the scope of their employment or representation”; the facility would have to designate an employee or interdisciplinary team of employees to be responsible for the policy.

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