
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12210]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                 SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
 
Sec. 12210. Illegal use of drugs


(a) In general

    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.

(b) Rules of construction

    Nothing in subsection (a) of this section shall be construed to 
exclude as an individual with a disability an individual who--
        (1) has successfully completed a supervised drug rehabilitation 
    program and is no longer engaging in the illegal use of drugs, or 
    has otherwise been rehabilitated successfully and is no longer 
    engaging in such use;
        (2) is participating in a supervised rehabilitation program and 
    is no longer engaging in such use; or
        (3) is erroneously regarded as engaging in such use, but is not 
    engaging in such use;

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.

(c) Health and other services

    Notwithstanding subsection (a) of this section and section 
12211(b)(3) of this title, an individual shall not be denied health 
services, or services provided in connection with drug rehabilitation, 
on the basis of the current illegal use of drugs if the individual is 
otherwise entitled to such services.

(d) ``Illegal use of drugs'' defined

                           (1) In general

        The term ``illegal use of drugs'' means the use of drugs, the 
    possession or distribution of which is unlawful under the Controlled 
    Substances Act [21 U.S.C. 801 et seq.]. Such term does not include 
    the use of a 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.

                              (2) Drugs

        The term ``drug'' means a controlled substance, as defined in 
    schedules I through V of section 202 of the Controlled Substances 
    Act [21 U.S.C. 812].

(Pub. L. 101-336, title V, Sec. 510, July 26, 1990, 104 Stat. 375.)

                       References in Text

    The Controlled Substances Act, referred to in subsec. (d)(1), is 
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, 
which is classified principally to subchapter I (Sec. 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 801 of 
Title 21 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in title 29 sections 791, 793, 794.
