Senate File 90 - Introduced SENATE FILE 90 BY ZAUN , HAHN , BEHN , McKINLEY , BOETTGER , BACON , GREINER , HAMERLINCK , KAPUCIAN , WARD , CHELGREN , SEYMOUR , BERTRAND , ANDERSON , ERNST , FEENSTRA , KETTERING , and WHITVER A BILL FOR An Act requiring drug testing for persons applying for or 1 receiving state assistance. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1707XS (3) 84 je/rj

S.F. 90 Section 1. NEW SECTION . 77.1 State assistance —— drug 1 testing requirement. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Department” means the applicable state department, 5 institution, or agency providing state aid. 6 b. “Drug” means the same as defined in section 730.5. 7 c. “State aid” means any form of financial benefit, aid, 8 or assistance provided to a person by a state department, 9 institution, or agency. 10 2. As a condition of eligibility for an applicant or 11 participant to receive state aid, the applicant or participant 12 shall, if not otherwise prohibited by law, agree to participate 13 in drug testing in accordance with this section. 14 3. The department shall implement a program of drug testing 15 of persons subject to subsection 2. The program shall include 16 but is not limited to all of the following: 17 a. Random drug testing of existing participants. 18 b. Drug testing of all applicants. 19 c. Drug testing shall include confirmation of any 20 initial positive test results. Any confirmatory test shall 21 be performed using a chromatographic technique such as gas 22 chromatography/mass spectrometry or another comparably reliable 23 analytical method. 24 4. An applicant or participant subject to the provisions 25 of subsection 2 who has a confirmed positive test result for 26 a drug that was not lawfully prescribed for the person, shall 27 be ineligible for state aid. The period of ineligibility 28 applicable to a person shall continue until the person has a 29 negative test result for the drug for which the person had a 30 confirmed positive test result. 31 5. A person’s positive test result obtained under this 32 section shall not be used as evidence in any criminal action 33 involving the person. 34 6. The applicable department shall adopt rules to 35 -1- LSB 1707XS (3) 84 je/rj 1/ 4

S.F. 90 administer this section. The rules shall include but are not 1 limited to all of the following: 2 a. Testing procedures to ensure collection of test samples 3 is performed under sanitary conditions, with regard for the 4 privacy of the person providing the sample, and in a manner 5 reasonably calculated to preclude contamination or substitution 6 of the sample. Test samples shall be split at the time of 7 collection to permit confirmatory tests of the sample. The 8 department shall establish standards for analysis of samples 9 and for determining test results to be positive. 10 b. Labeling and other documentation of test sample 11 collections so as to reasonably preclude the possibility of 12 misidentification of the person tested in relation to the test 13 result provided, and requirement for samples to be handled and 14 tracked in a manner such that control and accountability are 15 maintained from initial collection to each stage in handling, 16 testing, and storage, through final disposition. 17 c. A person being tested shall be given an opportunity 18 to provide any information which may be considered relevant 19 to the test, including identification of prescription or 20 nonprescription drugs currently or recently used, or other 21 relevant medical information. To assist a person in providing 22 the information described in this paragraph, the department 23 shall provide the person with a list of the drugs for which the 24 person is tested. 25 d. A medical review officer shall review and interpret any 26 confirmed positive test results, including both quantitative 27 and qualitative test results, to ensure that the chain of 28 custody is complete and sufficient on its face and that any 29 information provided by the person pursuant to paragraph “c” is 30 considered. 31 e. A procedure to provide written notification to a person 32 of the results of a confirmed positive drug test by certified 33 mail or other verifiable means. The notification shall include 34 the person’s right to request and obtain a second confirmatory 35 -2- LSB 1707XS (3) 84 je/rj 2/ 4

S.F. 90 test at an approved laboratory of the person’s choice. If the 1 results of the second test do not confirm the results of the 2 initial confirmatory test, the initial confirmatory test shall 3 not be considered a confirmed positive drug test. 4 f. The department shall prohibit a laboratory or other 5 medical facility reporting information to anyone other than the 6 department or the tested person relating to the results of a 7 drug test conducted pursuant to this section. 8 g. A procedure to address incidents of false positive tests. 9 h. A procedure to ensure the confidentiality of test 10 results, including but not limited to specifying those with 11 access to test result information. 12 i. Other procedures to administer this section in a fair and 13 reliable manner. 14 EXPLANATION 15 This bill establishes a requirement that individuals 16 applying and receiving state aid participate in drug testing if 17 such drug testing is not otherwise prohibited by law. 18 The bill defines the term “drug” as having the same 19 meaning as the definition in Code section 730.5, relating to 20 private-sector drug-free workplaces, which is any drug on 21 schedules I through V of the federal Controlled Substances 22 Act. “State aid” is defined as any form of financial benefit, 23 aid, or assistance provided to a person by a state department, 24 institution, or agency. 25 Each applicable state department, institution, or agency 26 providing state aid shall implement a drug testing program 27 for the persons subject to the eligibility requirement. The 28 program is to include random drug testing of participants 29 and drug testing of all applicants. Drug testing includes 30 confirmation of any positive result with a chromatographic/mass 31 spectrometry technique or comparable method. 32 If an applicant or participant subject to the bill’s 33 requirements has a confirmed positive test result for a drug 34 that was not lawfully prescribed for the person, the applicant 35 -3- LSB 1707XS (3) 84 je/rj 3/ 4

S.F. 90 or participant is ineligible for state aid. The period of 1 ineligibility continues until the person has a negative test 2 result for the drug for which the person had a confirmed 3 positive test result. 4 The bill prohibits a person’s positive test result obtained 5 under the bill’s provisions from being used as evidence in any 6 criminal action involving the person. 7 The department is directed to adopt rules to administer the 8 provisions of the bill. The rules are to address collection, 9 labeling, and other documentation of test samples, notification 10 concerning test results, interpretation of test results, 11 prohibition against laboratory disclosure of test results, 12 other confidentiality provisions, procedure to address 13 incidents of false positive tests, and other procedures for 14 fairness and reliability. 15 -4- LSB 1707XS (3) 84 je/rj 4/ 4