Text: HSB00737 Text: HSB00739 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 239B.2B DRUG TESTING AND 1 2 SUBSTANCE ABUSE TREATMENT. 1 3 1. For the purposes of this section, unless the context 1 4 otherwise requires, "drug" means the same as defined in 1 5 section 730.5. 1 6 2. As a condition of eligibility for an applicant or 1 7 participant under this chapter, a child's parent or other 1 8 specified relative whose needs are included in the cash 1 9 assistance grant payable to the child's family shall agree to 1 10 participate in drug testing and comply with any required 1 11 substance abuse treatment plan. 1 12 3. The department shall implement a program of drug 1 13 testing and substance abuse treatment of persons subject to 1 14 subsection 2. The program shall include, but is not limited 1 15 to, all of the following: 1 16 a. Random drug testing of existing participants. 1 17 b. Drug testing of all applicants. 1 18 c. Required compliance with a substance abuse treatment 1 19 plan for a person who tests positive for the presence of a 1 20 drug that was not lawfully prescribed for the person. Drug 1 21 testing shall include confirmation of any initial positive 1 22 test results. Any confirmatory test shall be performed using 1 23 a chromatographic technique such as gas chromatography/mass 1 24 spectrometry, or another comparably reliable analytical 1 25 method. 1 26 4. An applicant or participant subject to the provisions 1 27 of subsection 2 who, on three or more occasions, has a 1 28 confirmed positive test for a drug that was not lawfully 1 29 prescribed for the person or does not successfully comply with 1 30 a required substance abuse treatment plan, shall be ineligible 1 31 for assistance. 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 department shall adopt rules to administer this 2 1 section. The rules shall include but are not limited to all 2 2 of the following: 2 3 a. Testing procedures to ensure collection of test samples 2 4 are 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 conformatory tests of the 2 9 sample. The department shall esbalish 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 to be 2 25 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 "b" 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 3 18 EXPLANATION 3 19 This bill establishes a family investment program (FIP) 3 20 eligibility requirement for participation in drug testing and 3 21 substance abuse treatment. 3 22 The bill defines the term "drug" as having the same meaning 3 23 as the definition in Code section 730.5, relating to private- 3 24 sector drug-free workplaces, which is any drug on schedules I 3 25 through IV of the federal Controlled Substances Act. 3 26 New Code section 239B.2B applies to family investment 3 27 program applicants and participants who are a child's parent 3 28 or other specified relative whose needs are included in the 3 29 program's cash assistance grant payable to the child's family. 3 30 These persons must agree to participate in drug testing and to 3 31 comply with any required substance abuse treatment plan as a 3 32 condition of eligibility for FIP. 3 33 The department of human services is to implement a drug 3 34 testing and substance abuse treatment program for the persons 3 35 subject to the eligibility requirement. The program is to 4 1 include random drug testing of participants, drug testing of 4 2 all applicants, and required compliance with a substance abuse 4 3 treatment plan for any person who tests positive for the 4 4 presence of a drug that was not lawfully prescribed for the 4 5 person. Drug testing includes confirmation of any positive 4 6 result with a chromatographic/mass spectrometry technique or 4 7 comparable method. 4 8 If an applicant or participant subject to the bill's 4 9 requirements has, on three or more occasions, a confirmed 4 10 positive test for a drug that was not lawfully prescribed for 4 11 the person or does not successfully comply with a required 4 12 substance abuse treatment plan, the applicant or participant 4 13 is ineligible for FIP assistance. 4 14 The bill prohibits a person's positive test result obtained 4 15 under the bill's provisions from being used as evidence in any 4 16 criminal action involving the person. 4 17 The department is directed to adopt rules to administer the 4 18 provisions of the bill. The rules are to address collection, 4 19 labeling, and other documentation of test samples, 4 20 notification concerning test results, interpretation of test 4 21 results, prohibition against laboratory disclosure of test 4 22 results, other confidentiality provisions, procedure to 4 23 address incidents of false positive tests, and other 4 24 procedures for fairness and reliability. 4 25 LSB 5139HC 78 4 26 jp/gg/8
Text: HSB00737 Text: HSB00739 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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