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25-5-339
Section 25-5-339 Confidentiality of information. (a) All information, interviews, reports,
statements, memoranda, and test results, written or otherwise, received by the employer through
a substance abuse testing program are confidential communications, but may be used or received
in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding,
except as provided in subsection (c). (b) Employers, laboratories, medical review officers,
employee assistance programs, drug or alcohol rehabilitation programs, and their agents who
receive or have access to information concerning test results shall keep all information confidential.
Release of such information under any other circumstance shall be solely pursuant to a written
consent form signed voluntarily by the person tested, unless the release is compelled by an
agency of the state or a court of competent jurisdiction or unless deemed appropriate by a
professional or occupational licensing board in a related...
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25-5-333
Section 25-5-333 Elements of program. (a) A drug-free workplace program shall contain all the
following elements: (1) A written policy statement as provided in Section 25-5-334. (2) Substance
abuse testing as provided in Section 25-5-335. (3) Resources of employee assistance providers
maintained in accordance with Section 25-5-336. (4) Employee education as provided in Section
25-5-337(a). (5) Supervisor training in accordance with Section 25-5-337(b). (b) In addition
to the requirements of subsection (a), a drug-free workplace program shall be implemented
in compliance with the confidentiality standards provided in Section 25-5-339. (Acts 1995,
No. 95-535, p. 1082, §4.)...
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25-5-334
Section 25-5-334 Notice of testing; written policy statement. (a) One time only, prior to testing,
all employees and job applicants for employment shall be given a notice of testing. In addition,
all employees shall be given a written policy statement from the employer which contains all
of the following: (1) A general statement of the employer's policy on employee substance abuse
which shall identify: a. The types of testing an employee or job applicant may be required
to submit to, including reasonable suspicion or other basis used to determine when the testing
will be required. b. The actions the employer may take against an employee or job applicant
on the basis of a positive confirmed test result. (2) A statement advising an employee or
job applicant of the existence of this article. (3) A general statement concerning confidentiality.
(4) The consequences of refusing to submit to a drug test. (5) A statement advising an employee
of the Employee Assistance Program, if the employer...
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12-23A-3
Section 12-23A-3 Legislative intent. (a) The Legislature recognizes that a critical need exists
in this state for the criminal justice system to more effectively address the number of defendants
who are involved with substance abuse or addiction. For the criminal justice system to maintain
credibility, court and community alternatives for the substance abuse and addiction involved
defendant must be expanded. A growing body of research demonstrates the impact of substance
abuse on public safety, personal health, and health care costs, the spread of communicable
disease, educational performance and attainment, work force reliability and productivity,
family safety, and financial stability. Requiring accountability and effective treatment,
in addition to or in place of, conventional and expensive incarceration, will promote public
safety, the welfare of the individuals involved, reduce the burden upon the State Treasury
and benefit the common welfare of this state. The goals of this...
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22-50-1
Section 22-50-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) CLIENTS. Those persons identified
as receiving or needing services for an intellectual disability. (2) DEPARTMENT. The Department
of Mental Health. (3) INTELLECTUAL DISABILITY SERVICES. Evaluation for, amelioration of, habilitation
for, prevention of, and research into the causes of intellectual disability. (4) MENTAL HEALTH
SERVICES. Diagnosis of, treatment of, rehabilitation for, follow-up care of, prevention of
and research into the causes of all forms of mental or emotional illness, including, but not
limited to, alcoholism, drug addiction, or epilepsy in combination with mental illness or
an intellectual disability. (5) MENTAL ILLNESS OR SUBSTANCE ABUSE TREATMENT. The application
of professionally planned, managed, administered, or monitored clinical procedures or evidenced-based
interventions to identify, stabilize,...
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22-50-17
Section 22-50-17 Operation of a facility for care or treatment of mental or emotional illness
or substance abuse, or services to persons with an intellectual disability. (a) No person,
partnership, corporation, or association of persons shall operate a facility or institution
for the care or treatment of any kind of mental or emotional illness or substance abuse or
for providing services to persons with an intellectual disability as defined in this chapter,
without being certified by the department or licensed by the State Board of Health; provided
that nothing in this section shall be construed so as to require a duly authorized physician,
psychiatrist, psychologist, social worker, licensed professional counselor operating under
the scope of his or her license, or Christian Science practitioner to obtain a license for
treatment of patients in his private office, unless he keeps two or more patients in his office
for continuous periods of 24 hours or more in one week, or that a church...
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45-7-82.29
Section 45-7-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the terms of the
pretrial diversion program, the length of the program, and the period of time after which
the district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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45-42-82.44
Section 45-42-82.44 Standards for admission. (a) The district attorney may consider an offender
for the pretrial diversion program based on any of the following circumstances: (1) There
is a probability justice will be served if the offender is placed in the program. (2) It is
determined the needs of the state and of the offender can be met through the program. (3)
The offender appears to pose no substantial threat to the safety and well-being of the community.
(4) It appears the offender is not likely to be involved in further criminal activity. (5)
The offender will likely respond to rehabilitative treatment or counseling. (b) The district
attorney may waive any of the standards specified in subsection (a) if justice or special
circumstances dictate. (Act 2012-360, p. 892, § 5.)...
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45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with
any of the following offenses is ineligible for consideration for the pretrial...
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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any
of the following offenses is ineligible for consideration for the pretrial...
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