Page:United States Statutes at Large Volume 104 Part 1.djvu/410

 104 STAT. 376 PUBLIC LAW 101-336 —JULY 26, 1990 except that it shall not be a violation of this Act 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) and section 511(b)(3), 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) DEFINITION OF ILLEGAL USE OF DRUGS.— (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. 812). 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. 42 USC 12211. SEC. 511. DEFINITIONS. (a) HOMOSEXUAUTY AND BISEXUALITY. — For purposes of the definition of "disability" in section 3(2), homosexuality and bisexuality are not impairments and as such are not disabilities under this Act. (b) CERTAIN CONDITIONS.—Under this Act, the term "disability" shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs. SEC. 512. AMENDMENTS TO THE REHABILITATION ACT. (a) DEFINITION OF HANDICAPPED INDIVIDUAL.— Section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C. 706(8)) is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following subparagraph: "(C)(i) For purposes of title V, the term 'individual with handicaps' does not include an individual who is currently engaging in the illegal use of drugs, when a covered entity acts on the basis of such use. "(ii) Nothing in clause (i) shall be construed to exclude as an individual with handicaps an individual who— "(I) 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; "(II) is participating in a supervised rehabilitation program and is no longer engaging in such use; or "(III) is erroneously regarded as engaging in such use, but is not engaging in such use;

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