Drug Testing Law Summaries
Kentucky, Drug Testing Law Summaries
Kentucky has a law dealing with drug testing of miners (H. 572, L. 2006, enacted April 22, 2006), and there is also a regulation that requires an employee drug testing program in the Department for Mental Health and Mental Retardation Services' state-operated facilities which provide services and support for the treatment, habilitation, and rehabilitation of persons who have a mental illness or emotional disability, or who have mental retardation (908 KAR 3:190E, effective December 9, 2005).
Additionally, there is a law providing for drug testing of teachers under specified circumstances (see summary below).
WHAT THE EMPLOYER MUST DO
Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, a teacher who has been reprimanded or otherwise disciplined by the teacher's employer because the teacher engaged in misconduct involving the illegal use of controlled substances shall, as a condition of retaining employment, submit to random or periodic drug testing in accordance with administrative regulations promulgated by the Kentucky Board of Education for a period not to exceed 12 months from the date such reprimand or disciplinary action occurred (Sec. 4, Ch. 221 (H. 341), L. 2006).
Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, a teacher whose certificate has been suspended or revoked by the Education Professional Standards Board because the teacher engaged in misconduct involving the illegal use of controlled substances shall, as a condition of reinstatement or reissuance of the certificate, submit to drug testing in accordance with administrative regulations promulgated by the Education Professional Standards Board (Sec. 4, Ch. 221 (H. 341), L. 2006).
No teacher may be subject to drug testing under this section unless and until it has been determined in an administrative or judicial proceeding that the teacher engaged in misconduct involving the illegal use of controlled substance (Sec. 4, Ch. 221 (H. 341), L. 2006).