2013 Vermont Statutes
Title 21 Labor
Chapter 5 EMPLOYMENT PRACTICES
§ 520 Transitory provisions

520. Transitory provisions

(a) On or before July 1, 1989, the commissioner of health pursuant to chapter 25 of Title 3 shall set nontherapeutic levels of therapeutic drugs by establishing a range of values by considering average medical use for each particular drug or metabolite authorized to be tested under this subchapter.

(b) Until July 1, 1989, the test shall be administered to detect the presence of alcohol or drugs as defined in subdivision 511(3) of this title. Subdivisions 514(1) and 514(8) of this title insofar as they apply to testing only for nontherapeutic levels shall not take effect until July 1, 1989.

(c) Until July 1, 1989, if an applicant receives a positive test result and has a valid predated prescription for the drug tested, the positive test result may not in and of itself be sufficient reason for not hiring an applicant. Until July 1, 1989, if an employee receives a positive test result and has a valid predated prescription for the drug tested, the positive test result may not in and of itself be sufficient reason for requiring that the employee participate in an employee assistance program or for disciplining or dismissing the employee.

(d) The commissioner of health on or before January 15, 1989 shall issue a progress report to the house and senate committees on general affairs on the ability of the commissioner to comply with subsection (a) of this section. (Added 1987, No. 61, eff. May 22, 1987.)