For purposes of this chapter, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
Nothing in subsection (a) shall be construed to exclude as an individual with a disability an individual who-
except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs.
Notwithstanding subsection (a) and section drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services.of this title, an individual shall not be denied health services, or services provided in connection with
The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.et seq.]. Such term does not include the use of a
The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [ ] .
42 U.S.C. § 12210
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a) and (b), was in the original "this Act", meaning Pub. L. 101-336, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under sectionof this title and Tables. The Controlled Substances Act, referred to in subsec. (d)(1), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section of Title 21 and Tables.
PRIOR PROVISIONSA prior section 511 of Pub. L. 101-336 was renumbered section 512 and is classified to sectionof this title.
AMENDMENTS2008-Subsec. (c). Pub. L. 110-325, §6(a)(3), made technical amendment to reference in original act which appears in text as reference to sectionof this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-325 effective Jan. 1, 2009, see section 8 of Pub. L. 110-325 set out as a note under sectionof Title 29, Labor.
- the term "drug" means- (A) a beverage containing alcohol,(B) a controlled substance, or(C) a controlled substance analogue,