Senate File 232 - Introduced





                                    SENATE FILE       
                                    BY  ZAUN, WARD, REYNOLDS, KAPUCIAN,
                                        BEHN, McKINLEY, KETTERING,
                                        JOHNSON, BARTZ, HARTSUCH,
                                        SEYMOUR, HAMERLINCK, BOETTGER,
                                        WIECK, FEENSTRA, and HAHN


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring drug testing for persons applying or receiving
  2    state assistance.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2079XS 83
  5 ec/rj/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  77.1  STATE ASSISTANCE == DRUG
  1  2 TESTING REQUIREMENT.
  1  3    1.  For purposes of this section, unless the context
  1  4 otherwise requires:
  1  5    a.  "Department" means the applicable state department,
  1  6 institution, or agency providing state aid.
  1  7    b.  "Drug" means the same as defined in section 730.5.
  1  8    c.  "State aid" means any form of financial benefit, aid,
  1  9 or assistance provided to a person by a state department,
  1 10 institution, or agency.
  1 11    2.  As a condition of eligibility for an applicant or
  1 12 participant to receive state aid, the applicant or participant
  1 13 shall, if not otherwise prohibited by law, agree to
  1 14 participate in drug testing in accordance with this section.
  1 15    3.  The department shall implement a program of drug
  1 16 testing of persons subject to subsection 2.  The program shall
  1 17 include but is not limited to all of the following:
  1 18    a.  Random drug testing of existing participants.
  1 19    b.  Drug testing of all applicants.
  1 20    c.  Drug testing shall include confirmation of any initial
  1 21 positive test results.  Any confirmatory test shall be
  1 22 performed using a chromatographic technique such as gas
  1 23 chromatography/mass spectrometry or another comparably
  1 24 reliable analytical method.
  1 25    4.  An applicant or participant subject to the provisions
  1 26 of subsection 2 who has a confirmed positive test result for a
  1 27 drug that was not lawfully prescribed for the person, shall be
  1 28 ineligible for state aid.  The period of ineligibility
  1 29 applicable to a person shall continue until the person has a
  1 30 negative test result for the drug for which the person had a
  1 31 confirmed positive test result.
  1 32    5.  A person's positive test result obtained under this
  1 33 section shall not be used as evidence in any criminal action
  1 34 involving the person.
  1 35    6.  The applicable department shall adopt rules to
  2  1 administer this section.  The rules shall include but are not
  2  2 limited to all of the following:
  2  3    a.  Testing procedures to ensure collection of test samples
  2  4 is performed under sanitary conditions, with regard for the
  2  5 privacy of the person providing the sample, and in a manner
  2  6 reasonably calculated to preclude contamination or
  2  7 substitution of the sample.  Test samples shall be split at
  2  8 the time of collection to permit confirmatory tests of the
  2  9 sample.  The department shall establish standards for analysis
  2 10 of samples and for determining test results to be positive.
  2 11    b.  Labeling and other documentation of test sample
  2 12 collections so as to reasonably preclude the possibility of
  2 13 misidentification of the person tested in relation to the test
  2 14 result provided, and requirement for samples to be handled and
  2 15 tracked in a manner such that control and accountability are
  2 16 maintained from initial collection to each stage in handling,
  2 17 testing, and storage, through final disposition.
  2 18    c.  A person being tested shall be given an opportunity to
  2 19 provide any information which may be considered relevant to
  2 20 the test, including identification of prescription or
  2 21 nonprescription drugs currently or recently used, or other
  2 22 relevant medical information.  To assist a person in providing
  2 23 the information described in this paragraph, the department
  2 24 shall provide the person with a list of the drugs for which
  2 25 the person is tested.
  2 26    d.  A medical review officer shall review and interpret any
  2 27 confirmed positive test results, including both quantitative
  2 28 and qualitative test results, to ensure that the chain of
  2 29 custody is complete and sufficient on its face and that any
  2 30 information provided by the person pursuant to paragraph "c"
  2 31 is considered.
  2 32    e.  A procedure to provide written notification to a person
  2 33 of the results of a confirmed positive drug test by certified
  2 34 mail or other verifiable means.  The notification shall
  2 35 include the person's right to request and obtain a second
  3  1 confirmatory test at an approved laboratory of the person's
  3  2 choice.  If the results of the second test do not confirm the
  3  3 results of the initial confirmatory test, the initial
  3  4 confirmatory test shall not be considered a confirmed positive
  3  5 drug test.
  3  6    f.  The department shall prohibit a laboratory or other
  3  7 medical facility reporting information to anyone other than
  3  8 the department or the tested person relating to the results of
  3  9 a drug test conducted pursuant to this section.
  3 10    g.  A procedure to address incidents of false positive
  3 11 tests.
  3 12    h.  A procedure to ensure the confidentiality of test
  3 13 results, including but not limited to specifying those with
  3 14 access to test result information.
  3 15    i.  Other procedures to administer this section in a fair
  3 16 and reliable manner.
  3 17                           EXPLANATION
  3 18    This bill establishes a requirement that individuals
  3 19 applying and receiving state aid participate in drug testing
  3 20 if such drug testing is not otherwise prohibited by law.
  3 21    The bill defines the term "drug" as having the same meaning
  3 22 as the definition in Code section 730.5, relating to
  3 23 private=sector drug=free workplaces, which is any drug on
  3 24 schedules I through V of the federal Controlled Substances
  3 25 Act.  "State aid" is defined as any form of financial benefit,
  3 26 aid, or assistance provided to a person by a state department,
  3 27 institution, or agency.
  3 28    Each applicable state department, institution, or agency
  3 29 providing state aid shall implement a drug testing program for
  3 30 the persons subject to the eligibility requirement.  The
  3 31 program is to include random drug testing of participants and
  3 32 drug testing of all applicants.  Drug testing includes
  3 33 confirmation of any positive result with a
  3 34 chromatographic/mass spectrometry technique or comparable
  3 35 method.
  4  1    If an applicant or participant subject to the bill's
  4  2 requirements has a confirmed positive test result for a drug
  4  3 that was not lawfully prescribed for the person, the applicant
  4  4 or participant is ineligible for state aid.  The period of
  4  5 ineligibility continues until the person has a negative test
  4  6 result for the drug for which the person had a confirmed
  4  7 positive test result.
  4  8    The bill prohibits a person's positive test result obtained
  4  9 under the bill's provisions from being used as evidence in any
  4 10 criminal action involving the person.
  4 11    The department is directed to adopt rules to administer the
  4 12 provisions of the bill.  The rules are to address collection,
  4 13 labeling, and other documentation of test samples,
  4 14 notification concerning test results, interpretation of test
  4 15 results, prohibition against laboratory disclosure of test
  4 16 results, other confidentiality provisions, procedure to
  4 17 address incidents of false positive tests, and other
  4 18 procedures for fairness and reliability.
  4 19 LSB 2079XS 83
  4 20 ec/rj/8