Indiana Code Title 22. Labor and Safety § 22-9-5-6

Sec. 6. (a) As used in this chapter, “disability” means with respect to an individual:

(b) As used in this subsection, “illegal use of drugs” means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act.  The term does not include the use of a drug taken under the supervision of a licensed health care professional or another use authorized by the Controlled Substances Act (21 U.S.C. 812) or other provisions of federal law.  For purposes of this chapter, an individual shall not be considered an individual with a disability solely because the individual is currently engaging in the illegal use of drugs.  However, this subsection does not exclude as an individual with a disability an individual who:

It is not a violation of this chapter for a person or other entity covered by this chapter to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in subdivision (1) or (2) is no longer engaging in the illegal use of drugs.  Nothing in this section shall be construed to encourage, prohibit, restrict, or authorize testing for the illegal use of drugs.

(c) Notwithstanding subsection (b), 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 those services.

(d) For purposes of this chapter, an individual shall not be considered an individual with a disability solely on the basis of the following: