H.F. 2046 Section 1. NEW SECTION . 239B.2C Drug testing for 1 applicants. 2 1. For the purposes of this section, unless the context 3 otherwise requires: 4 a. “Confirmed positive test result” means the results of 5 a urine, oral fluid, or blood test in which the level of 6 controlled substances or their metabolites in the sample 7 analyzed meets or exceeds nationally accepted standards for 8 determining detectable levels of controlled substances as 9 adopted by the federal substance abuse and mental health 10 services administration. If nationally accepted standards for 11 oral fluid tests have not been adopted by the federal substance 12 abuse and mental health services administration, the standards 13 for determining detectable levels of controlled substances for 14 purposes of determining a confirmed positive test result shall 15 be the same standard that has been established by the federal 16 food and drug administration for the measuring instrument used 17 to perform the oral fluid test. 18 b. “Licensed substance abuse treatment program” means an 19 inpatient or outpatient substance abuse treatment program 20 licensed by the department of public health under chapter 125. 21 c. “Sample” means a sample from the human body capable of 22 revealing the presence of drugs, or their metabolites, which 23 shall include only urine, saliva, or blood. 24 2. a. The drug testing requirements of this section apply 25 to the following applicants for assistance under this chapter: 26 (1) Each adult parent, guardian, or specified relative who 27 is included in the applicant family, including both parents of 28 a two-parent family, or an individual who may be exempt from 29 work activity requirements due to the age of the youngest child 30 or who may be exempt from work activity requirements under the 31 PROMISE JOBS program. 32 (2) A minor parent who is not required to live with a 33 parent, guardian, or other adult caretaker in accordance with 34 this chapter. 35 -1- LSB 5087YH (9) 84 jp/nh 1/ 6

H.F. 2046 b. Dependent children under the age of eighteen years are 1 exempt from the drug testing requirements of this section. 2 c. The department shall require a drug test that is similar 3 to a drug test as a condition of employment under section 4 730.5 to screen each applicant subject to this section for 5 the presence of controlled substances. The applicant is 6 responsible for the cost of the applicant’s drug test. 7 3. a. An applicant who is subject to this section is 8 ineligible to receive assistance under this chapter if the 9 applicant does not participate in the required drug testing. 10 b. An applicant who is subject to this section is ineligible 11 to receive assistance under this chapter if the applicant has a 12 confirmed positive test result for the presence of either of 13 the following: 14 (1) A substance listed in schedule I under section 124.204. 15 (2) A substance listed in schedule II, III, or IV under 16 chapter 124 that was not prescribed for the applicant. 17 c. The period of ineligibility for an applicant who is 18 ineligible for assistance under paragraph “b” is one year after 19 the date of the confirmed positive test result. 20 4. The department shall do all of the following in 21 implementing this section: 22 a. (1) Provide notice of drug testing to each applicant 23 who is subject to this section at the time of application. The 24 notice must advise the applicant that drug testing will be 25 conducted as a condition for receiving assistance under this 26 chapter and that the applicant must bear the cost of testing. 27 If the applicant’s drug test does not have a confirmed positive 28 test result, the department shall increase the amount of the 29 initial cash assistance benefit by the amount paid by the 30 applicant for the drug testing. The applicant shall be advised 31 that the required drug testing may be avoided if the applicant 32 does not complete or withdraws the application for assistance. 33 (2) Advise each applicant to be tested, before the test 34 is conducted, that the applicant may, but is not required to, 35 -2- LSB 5087YH (9) 84 jp/nh 2/ 6

H.F. 2046 advise the agent administering the test of any prescription or 1 over-the-counter medication the applicant is taking. 2 (3) Require each applicant to be tested to sign a written 3 acknowledgment that the applicant has received and understood 4 the notice and advice provided under this paragraph “a” . 5 b. Assure each applicant being tested a reasonable degree 6 of dignity while producing and submitting a sample for drug 7 testing, consistent with the department’s need to ensure the 8 reliability of the sample. 9 c. Specify circumstances under which an applicant with a 10 confirmed positive test result has the right to take one or 11 more additional tests. 12 d. Inform an applicant who has a confirmed positive test 13 result and is deemed ineligible for assistance that the 14 applicant may not reapply for assistance until one year after 15 the date of the confirmed positive test result unless the 16 applicant meets the requirements of paragraph “f” . If the 17 applicant has a subsequent confirmed positive test result, 18 the applicant shall be ineligible to receive assistance for 19 three years after the date of the subsequent result unless the 20 individual meets the requirements of paragraph “f” . 21 e. Provide any applicant with a confirmed positive test 22 result with a list of licensed substance abuse treatment 23 programs available in the area in which the applicant resides. 24 Neither the department nor the state is not responsible for 25 providing or paying for substance abuse treatment as part of 26 the screening conducted under this section. 27 f. An applicant with a confirmed positive test result who is 28 denied assistance under this chapter may reapply for assistance 29 after six months if the individual can document the successful 30 completion of a licensed substance abuse treatment program. An 31 applicant who has met the requirements of this paragraph and 32 reapplies for assistance must also pass the initial drug test 33 required under subsection 2. Any drug test conducted while the 34 individual is undergoing substance abuse treatment must meet 35 -3- LSB 5087YH (9) 84 jp/nh 3/ 6

H.F. 2046 the requirements for a drug test under subsection 2. The cost 1 of any drug testing or substance abuse treatment provided under 2 this subsection shall be the responsibility of the individual 3 being tested or receiving treatment. An individual with a 4 confirmed positive test result from the drug test required 5 under subsection 2 may reapply for assistance under this 6 paragraph only once. 7 5. If an applicant parent is deemed ineligible for 8 assistance as a result of having a confirmed positive test 9 result from a drug test conducted under this section, all of 10 the following apply: 11 a. The eligibility of the applicant’s dependent child for 12 assistance is not affected. 13 b. An appropriate protective payee shall be designated 14 to receive assistance on behalf of the dependent child. The 15 applicant parent may choose to designate an individual as the 16 protective payee. The individual designated by the applicant 17 parent as the protective payee must be a specified relative 18 or other immediate family member unless such family member is 19 not available or the family member declines the designation. 20 In which case another individual, approved by the department, 21 shall be designated as the protective payee. The individual 22 must also undergo drug testing before being approved to be 23 the protective payee. If the designated individual has a 24 confirmed positive test result, the designated individual shall 25 be ineligible to be the protective payee. 26 6. The department shall adopt rules to implement this 27 section. 28 EXPLANATION 29 This bill requires drug testing of applicants for the 30 family investment program (FIP) in new Code section 239B.2C. 31 The program provides cash assistance and employment-related 32 services to low-income families with children under the federal 33 temporary assistance for needy families (TANF) block grant. 34 The department of human services administers the program and 35 -4- LSB 5087YH (9) 84 jp/nh 4/ 6

H.F. 2046 block grant for this state. 1 The bill utilizes the following terms that are defined in 2 Code section 239B.1: 3 “Applicant” means a person who files an application for 4 participation in FIP under Code chapter 239B. 5 “Assistance” means a FIP payment. 6 “Family” means a family unit that includes at least one 7 child and at least one parent or other specified relative of 8 the child. 9 “Minor parent” means an applicant or participant parent who 10 is less than 18 years of age and has never been married. 11 “PROMISE JOBS program” or “JOBS program” means the promoting 12 independence and self-sufficiency through employment job 13 opportunities and basic skills program, a part of FIP. 14 “Specified relative” means a person who is, or was at any 15 time, a relative of an applicant or participant child, by means 16 of blood relationship, marriage, or adoption, or is a spouse of 17 a relative listed in the definition. 18 The bill defines “confirmed positive test result”, “licensed 19 substance abuse treatment program”, and “sample”. 20 The drug testing requirement applies to each applicant for 21 FIP assistance who is an adult parent, guardian, or specified 22 relative who is included in the applicant family, including 23 both parents of a two-parent family, or an individual who may 24 be exempt from work activity requirements due to the age of 25 the youngest child or who may be exempt from work activity 26 under the PROMISE JOBS program. The requirement also applies 27 to each minor parent applicant who is not required to live 28 with a parent, guardian, or other adult caretaker. Dependent 29 children under the age of 18 years are exempt from the drug 30 testing requirements. The department is directed to require a 31 drug test of each applicant who is subject to the requirements 32 to screen for the presence of controlled substances. The 33 applicant is responsible for the cost of the drug test. 34 An applicant who does not participate in the required 35 -5- LSB 5087YH (9) 84 jp/nh 5/ 6

H.F. 2046 drug testing is ineligible for cash assistance through 1 FIP. An applicant who has a confirmed positive test result 2 is ineligible for one year unless the test result was 3 for a controlled substance for which the applicant has a 4 prescription. 5 The department is required to do all of the following 6 in administering the drug testing requirement: implement 7 notification provisions; allow for additional testing following 8 a confirmed positive test result; apply a three-year period of 9 ineligibility if an applicant reapplies but has a subsequent 10 confirmed positive test result; provide a listing of licensed 11 substance abuse treatment programs available in the area of an 12 applicant’s residence if the applicant has a confirmed positive 13 test result; and allow for an applicant who has a confirmed 14 positive test result to reapply one time after six months if 15 the applicant provides documentation of completing a licensed 16 substance abuse treatment program within six months of the 17 confirmed positive test result and passes another drug test. 18 If a parent is deemed ineligible for assistance as a result 19 of having a confirmed positive test result, the dependent child 20 remains eligible for assistance and a protective payee is to be 21 designated by the parent to receive the assistance on behalf of 22 the child. If a specified relative or other immediate family 23 member declines to be designated, the department must designate 24 the protective payee. The protective payee is then subject 25 to drug testing before being approved to receive assistance 26 on behalf of the child. A protective payee with a confirmed 27 positive test result is ineligible to receive assistance on 28 behalf of the child. 29 The department is required to adopt rules to implement the 30 new requirements. 31 -6- LSB 5087YH (9) 84 jp/nh 6/ 6