Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 1 - General › Chapter 39 - Controlled Dangerous Substances › Subchapter A - Training and Monitoring Requirements › Section I-3993 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Controlled Substance
-a drug, chemical
						substance or immediate precursor in Schedules I through V of
						R.S.
						40:964 or Section 202 of the Controlled
						Substances Act (21 U.S.C.
						812).
Designer (Synthetic) Drugs
-those
						chemical substances that are made in clandestine laboratories where the
						molecular structure of both legal and illegal drugs is altered to create a drug
						that is not explicitly banned by federal law.
Employee
-unclassified, classified, and
						student employees, student interns, and any other person having an employment
						relationship with the agency, regardless of the appointment type (e.g. full
						time, part time, temporary, etc.).
Illegal Drug
-any drug which is not
						legally obtainable or which has not been legally obtained, to include
						prescribed drugs not legally obtained and prescribed drugs not being used for
						prescribed purposes or being used by one other than the person for whom
						prescribed.
Reasonable Suspicion
-belief based upon
						reliable, objective and articulable facts derived from direct observation of
						specific physical, behavioral, odorous presence, or performance indicators and
						being of sufficient import and quantity to lead a prudent person to suspect
						that an employee is in violation of this policy.
Safety-Sensitive or Security-Sensitive
						Position
-a position determined by the Appointing Authority to contain
						duties of such nature that the compelling State interest to keep the incumbent
						drug-free outweighs the employee's privacy interests. A list of such positions
						within DHH is maintained by the DHH Human Resource Director. The list was
						determined with consideration of statutory law, jurisprudence, the practices of
						this agency and the examples of safety-sensitive and security-sensitive
						positions provided in the model policy document issued by the Division of
						Administration.
Under the Influence
-for the purposes of
						this policy, a drug, chemical substance, or the combination of a drug, chemical
						substance that affects an employee in any detectable manner. The symptoms or
						influence are not confined to that consistent with misbehavior, nor to obvious
						impairment of physical or mental ability, such as slurred speech or difficulty
						in maintaining balance. A determination of influence can be established by a
						professional opinion or a scientifically valid test.
Workplace
-any location on agency
						property including all property, offices and facilities (including all vehicles
						and equipment) whether owned, leased or otherwise used by the agency or by an
						employee on behalf of the agency in the conduct of its business in addition to
						any location from which an individual conducts agency business while such
						business is being conducted.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						49:1015.