§ 2-289. Prohibited prescription and controlled substance related conduct.

(a)

Legally obtained prescription for controlled substances/drugs. The use of legally obtained prescriptions from a physician licensed to practice medicine in the United States or over-the-counter drugs are allowed based on the following conditions:

(1)

Employees taking physician prescribed drugs, as per definition in this policy, or over-the-counter drugs which may affect job performance must notify their supervisor prior to beginning their work shifts for referral to the EHN/designee.

(2)

In the case of physician prescribed medications for a controlled substance, the supervisor shall refer the employee and the employee's personal medical health information to the EHN/designee for safekeeping. The employee will provide all documentation upon request (i.e. the prescription bottle and/or physician's statement) for verification purposes.

(3)

If the drug is a controlled substance, then the prescribed drug must be issued in writing by a physician licensed to practice medicine in the United States and must be filled by a U.S. pharmacy.

(4)

The City of Laredo will investigate all written prescriptions for a controlled substance that originate from a physician licensed to practice medicine in Mexico and/or from a pharmacy in Mexico. Such prescriptions for a controlled substance will not be accepted and each occurrence will be investigated on a case by case basis. The employee must provide all needed documentation and may be further evaluated by the city's designated contracted physician, employee assistance program and our contracted MRO for further recommendation.

(5)

The department director or designee is authorized to allow and/or mandate the employee to use their sick leave if the EHN or the employee health nurse's designee considers the use of said legally obtained prescription or over-the-counter drug to be a hazard to the safety of any of the following: employee, co-workers, members of the public, or city property.

(b)

Notification of citations, arrests or convictions. Employees must notify the city in writing of any (Class C) citation received, arrest for or conviction under any criminal drug statute, no later than five (5) calendar days from such receipt, if their job entails driving any vehicle or operating any motor driven equipment. All employees will be subjected to having their driving records reviewed prior to having access to City of Laredo vehicles. All employees that have been arrested or convicted of violating any drug statute will be subject to referral by the EHN to the city's EAP if notification is received that they have been arrested/convicted of any violation to drug statute. Employees who fail to notify the city of any citations, arrests or convictions pursuant to this paragraph shall be subject to disciplinary action up to and including termination.

(Ord. No. 2008-O-011, § X, 1-7-08)