New Hampshire Mandates Drug Free Workplace Policy for Health Care Providers

New Hampshire House Bill 597 goes into effect August 25, 2014. House Bill 597 requires health care facilities and providers to have a drug-free workplace policy which establishes written procedures for prevention, detection, and resolution of controlled substance abuse, misuse, and diversion.

House Bill 597 applies to employees, contractors, and agents of the facility who provide hands-on care to clients when acting within the scope of their employment or representation. Facilities must designate an employee or team responsible for the policy.

Specific issues that must be addressed in the drug-free workplace policy:

  • Education of health care workers
  • Procedures for monitoring storage, distribution, and procurement of inventory if controlled substances are stored, dispensed, or administered at the health care setting
  • Procedures for voluntary self-referral by addicted employees
  • Procedures for co-worker reporting
  • Procedures for drug testing including, at minimum, testing where reasonable suspicion exists
  • Procedures for employee assistance
  • Provisions for confidentiality
  • A process for the investigation, reporting and resolution of drug misuse or diversion
  • Consequences for violation of the drug misuse and diversion prevention policy
It is recommended all healthcare facilities and providers renew their existing drug testing and prevention policies with experienced legal counsel to ensure they comply with House Bill 597.

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