§12210 — Title 42 The Public Health and Welfare | U.S. Code

Summary

People who are currently using illegal drugs are not counted as people with a disability when a covered organization makes decisions because of that drug use. That rule does not apply to someone who finished a supervised rehab program and is no longer using, someone in a supervised rehab program who is no longer using, or someone who is wrongly thought to be using but is not. Even so, a person cannot be denied health care or drug-rehab services just because they are currently using illegal drugs if they are otherwise entitled to those services. Illegal use of drugs — using, possessing, or selling substances that are illegal under the Controlled Substances Act; does not include use under a doctor’s supervision or other legally allowed uses. Drug — a controlled substance listed in Schedules I–V of the Controlled Substances Act.

Title 42, §12210

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)Nothing in subsection (a) 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;

(c)Notwithstanding subsection (a) 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)(1)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)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].

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 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 section 12101 of 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 801 of Title 21 and Tables.

Prior Provisions

A prior section 511 of Pub. L. 101–336 was renumbered section 512 and is classified to section 12211 of this title.

Amendments

2008—Subsec. (c). Pub. L. 110–325, § 6(a)(3), made technical amendment to reference in original act which appears in text as reference to section 12211(b)(3) of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor.

§12210 Illegal use of drugs

Summary

Title 42, §12210

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata