OAR 407-005-0015: Illegal Drug Use

(1) The ADA and section 504 protects qualified individuals with a disability, including certain individuals with substance use disorder, but does not provide protections against discrimination for individuals currently engaged in the illegal use of drugs. (a) Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs 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. (b) Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem. (2) The Department shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who: (a) Has successfully completed a supervised drug rehabilitation program or has otherwise been rehabilitated successfully; (b) Is participating in a supervised rehabilitation program; or (c) Is erroneously regarded as engaging in such use. (3) The Department shall not deny health services, vocational rehabilitation services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs, if the individual is otherwise entitled to such services. (4) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program. (5) The Department may adopt reasonable rules or policies related to drug testing that are designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in the current illegal use of drugs.