Text: SF02123 Text: SF02125 Text: SF02100 - SF02199 Text: SF 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, the department shall require a
1 8 child's parent or other specified relative whose needs are
1 9 included in the cash assistance grant payable to the child's
1 10 family to agree to participate in drug testing and to comply
1 11 with a required 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. The confirmatory test shall be a
1 23 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 subsection 2 who
1 27 has a confirmed positive test for a drug that was not lawfully
1 28 prescribed for the person and does not successfully comply
1 29 with a required substance abuse treatment plan shall be
1 30 ineligible for assistance.
1 31 5. A person's positive test result obtained under this
1 32 section shall not be used as evidence in any criminal action
1 33 involving the person.
1 34 6. The department shall adopt rules to administer this
1 35 section. The rules shall include but are not limited to
2 1 provision for all of the following:
2 2 a. Labeling and other documentation of test sample
2 3 collections so as to reasonably preclude the possibility of
2 4 misidentification of the person tested in relation to the test
2 5 result provided, and requirement for samples to be handled and
2 6 tracked in a manner such that control and accountability are
2 7 maintained from initial collection to each stage in handling,
2 8 testing, and storage, through final disposition.
2 9 b. A person being tested shall be provided an opportunity
2 10 to provide any information which may be considered relevant to
2 11 the test, including identification of prescription or
2 12 nonprescription drugs currently or recently used or other
2 13 relevant medical information. To assist a person in providing
2 14 the information described in this paragraph, the department
2 15 shall provide the person with a list of the drugs to be
2 16 tested.
2 17 c. A medical review officer shall review and interpret any
2 18 confirmed positive test results, including both quantitative
2 19 and qualitative test results, to ensure that the chain of
2 20 custody is complete and sufficient on its face and that any
2 21 information provided by the person pursuant to paragraph "b"
2 22 is considered.
2 23 d. Procedure to provide written notification to a person
2 24 of the results of a confirmed positive drug test by certified
2 25 mail or other verifiable means. The notification shall
2 26 include the person's right to request and obtain a second
2 27 confirmatory test at an approved laboratory of the person's
2 28 choice. If the results of the second test do not confirm the
2 29 results of the initial confirmatory test, the initial
2 30 confirmatory test shall not be considered a confirmed positive
2 31 drug test.
2 32 e. Prohibition against a laboratory or other medical
2 33 facility reporting information to anyone other than the
2 34 department or the tested person relating to the results of a
2 35 drug test conducted pursuant to this section.
3 1 f. Procedure to address incidents of false positive tests.
3 2 g. Procedure to ensure the confidentiality of test
3 3 results, including but not limited to specifying those with
3 4 access to test result information.
3 5 h. Other procedures to administer this section in a fair
3 6 and reliable manner.
3 7
3 8 EXPLANATION
3 9 This bill establishes family investment program (FIP)
3 10 eligibility requirements involving participation in drug
3 11 testing and substance abuse treatment.
3 12 The bill defines the term "drug" as having the same meaning
3 13 as the definition in Code section 730.5, relating to private-
3 14 sector drug-free workplaces, which is any drug on schedules I
3 15 through IV of the federal Controlled Substances Act.
3 16 New Code section 239B.2B applies to family investment
3 17 program applicants and participants who are a child's parent
3 18 or other specified relative whose needs are included in the
3 19 program's cash assistance grant payable to the child's family.
3 20 These persons must agree to participate in drug testing and to
3 21 comply with a required substance abuse treatment plan as a
3 22 condition of eligibility for FIP.
3 23 The department of human services is to implement a drug
3 24 testing and substance abuse treatment program for the persons
3 25 subject to the eligibility requirement. The program is to
3 26 include random drug testing of participants, drug testing of
3 27 all applicants, and required compliance with a substance abuse
3 28 treatment plan for any person who tests positive for the
3 29 presence of a drug that was not lawfully prescribed for the
3 30 person. Drug testing includes confirmation of any positive
3 31 result with a chromatographic spectrometry technique or
3 32 comparable method.
3 33 If an applicant or participant subject to the bill's
3 34 requirements has a confirmed positive test for a drug that was
3 35 not lawfully prescribed for the person and does not
4 1 successfully comply with a required substance abuse treatment
4 2 plan, the applicant or participant is ineligible for FIP
4 3 assistance.
4 4 The bill prohibits a person's positive test result obtained
4 5 under the bill's provisions from being used as evidence in any
4 6 criminal action involving the person.
4 7 The department is directed to adopt rules to administer the
4 8 provisions of the bill. The rules are to address labeling and
4 9 other documentation of test samples, notification concerning
4 10 test results, interpretation of test results, prohibition
4 11 against laboratory disclosure of test results, other
4 12 confidentiality provisions, procedure to address incidents of
4 13 false positive tests, and other procedures for fairness and
4 14 reliability.
4 15 LSB 5112XS 78
4 16 jp/gg/8
Text: SF02123 Text: SF02125 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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