105.1105. First conviction of employee for use of drugs, certified drug abuse treatment and education requirement--failure to comply, suspension and dismissal--employee in compliance to be returned to - Missouri Statutes

First conviction of employee for use of drugs, certified drug abusetreatment and education requirement--failure to comply, suspensionand dismissal--employee in compliance to be returned to position orcomparable status.

105.1105. Any public employee who is convicted, pleadsguilty, or pleads nolo contendere for the first time, under thelaws of this state, the United States or any other state, of anycriminal offense involving the use of a controlled substance,marijuana or other dangerous drug as such substances are definedin chapter 195, RSMo, shall be required to show evidence ofcompletion of a drug abuse treatment and education programcertified by the state. If the public employee refuses toparticipate in a drug abuse treatment program or if he fails tocomplete such program within six months of his public employerbecoming aware of the conviction, the public employee shall besuspended from his public employment until such time as he showsevidence of completion of or shows evidence of enrollment andcontinuing progress in a certified drug abuse treatment andeducation program. Notwithstanding the provisions of section36.370, RSMo, such suspension shall be for no more than threemonths, after which time, if the public employee has failed tocomplete or has failed to show evidence of continuing progress ina drug abuse treatment and education program, he shall bedismissed from his public employment. After all requirements ofthe suspension period have been fulfilled by the public employee,he shall be returned to his former position with the publicemployer or, if such position is no longer available, he shall beplaced in a position of comparable status as his former positionprior to suspension.

(L. 1993 S.B. 67 § 3)