§ 35.16 ILLEGAL USE OF DRUGS; DRUG TESTING; EXEMPT BEHAVIORS AND DISORDERS.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DISABILITY. With respect to an individual:
         (a)   A physical or mental impairment that substantially limits at least 1 of the major life activities of the individual;
         (b)   A record of an impairment described in division (a) above; or
         (c)   Being regarded as having an impairment described in division (a) above.
      ILLEGAL USE OF DRUGS. 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 profession or another use authorized by the Controlled Substances Act (21 U.S.C. § 812) or other provisions of federal law. For purposes of this section, an individual shall not be considered disabled solely because the individual is currently engaging in the illegal use of drugs. However, this definition does not exclude as an individual with a disability an individual who:
         (a)   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 the illegal use of drugs;
         (b)   Is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs; or
         (c)   Is erroneously regarded as engaging in the illegal use of drugs but is not engaging in the illegal use of drugs.
   (B)   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 division (a) or (b) of the definition of “disability” 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 division (A) of this section, 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 disabled solely on the basis of the following:
      (1)   Homosexuality;
      (2)   Bisexuality;
      (3)   Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders;
      (4)   Compulsive gambling, kleptomania or pyromania; and
      (5)   Psychoactive substance use disorders resulting from current illegal use of drugs (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, other uses authorized by the Controlled Substances Act (21 U.S.C. § 812), or other provisions of federal law).
(1979 Code, § 35.16) (Ord. 4235, passed 1-8-1996)