Sec. 1. (a) Except as provided in subsection (b), an employer may not: (1) require, as a condition of employment, an employee or prospective employee to refrain from using; or (2) discriminate against an employee with respect to: (A) the employee's compensation and benefits; or (B) terms and conditions of employment; based on the employee's use of; tobacco products outside the course of the employee's or prospective employee's employment. (b) An employer may implement financial incentives: (1) intended to reduce tobacco use; and (2) related to employee health benefits provided by the employer.
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