Text: HSB00052                          Text: HSB00054
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House Study Bill 53

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  239B.2B  DRUG TESTING.
  1  2    1.  For the purposes of this section, unless the context
  1  3 otherwise requires, "drug" means the same as defined in
  1  4 section 730.5.
  1  5    2.  As a condition of eligibility for an applicant or
  1  6 participant under this chapter, a child's parent or other
  1  7 specified relative whose needs are included in the cash
  1  8 assistance grant payable to the child's family shall agree to
  1  9 participate in drug testing in accordance with this section.
  1 10    3.  The department shall implement a program of drug
  1 11 testing of persons subject to subsection 2.  The program shall
  1 12 include, but is not limited to, all of the following:
  1 13    a.  Random drug testing of existing participants.
  1 14    b.  Drug testing of all applicants.
  1 15    c.  Drug testing shall include confirmation of any initial
  1 16 positive test results.  Any confirmatory test shall be
  1 17 performed using a chromatographic technique such as gas
  1 18 chromatography/mass spectrometry, or another comparably
  1 19 reliable analytical method.
  1 20    4.  An applicant or participant subject to the provisions
  1 21 of subsection 2 who has a confirmed positive test result for a
  1 22 drug that was not lawfully prescribed for the person, shall be
  1 23 ineligible for assistance.  The period of ineligibility
  1 24 applicable to a person shall continue until the person has a
  1 25 negative test result for the drug for which the person had a
  1 26 confirmed positive test result.
  1 27    5.  A person's positive test result obtained under this
  1 28 section shall not be used as evidence in any criminal action
  1 29 involving the person.
  1 30    6.  The department shall adopt rules to administer this
  1 31 section.  The rules shall include but are not limited to all
  1 32 of the following:
  1 33    a.  Testing procedures to ensure collection of test samples
  1 34 is performed under sanitary conditions, with regard for the
  1 35 privacy of the person providing the sample, and in a manner
  2  1 reasonably calculated to preclude contamination or
  2  2 substitution of the sample.  Test samples shall be split at
  2  3 the time of collection to permit confirmatory tests of the
  2  4 sample.  The department shall establish standards for analysis
  2  5 of samples and for determining test results to be positive.
  2  6    b.  Labeling and other documentation of test sample
  2  7 collections so as to reasonably preclude the possibility of
  2  8 misidentification of the person tested in relation to the test
  2  9 result provided, and requirement for samples to be handled and
  2 10 tracked in a manner such that control and accountability are
  2 11 maintained from initial collection to each stage in handling,
  2 12 testing, and storage, through final disposition.
  2 13    c.  A person being tested shall be given an opportunity to
  2 14 provide any information which may be considered relevant to
  2 15 the test, including identification of prescription or
  2 16 nonprescription drugs currently or recently used, or other
  2 17 relevant medical information.  To assist a person in providing
  2 18 the information described in this paragraph, the department
  2 19 shall provide the person with a list of the drugs for which
  2 20 the person is tested.
  2 21    d.  A medical review officer shall review and interpret any
  2 22 confirmed positive test results, including both quantitative
  2 23 and qualitative test results, to ensure that the chain of
  2 24 custody is complete and sufficient on its face and that any
  2 25 information provided by the person pursuant to paragraph "c"
  2 26 is considered.
  2 27    e.  A procedure to provide written notification to a person
  2 28 of the results of a confirmed positive drug test by certified
  2 29 mail or other verifiable means.  The notification shall
  2 30 include the person's right to request and obtain a second
  2 31 confirmatory test at an approved laboratory of the person's
  2 32 choice.  If the results of the second test do not confirm the
  2 33 results of the initial confirmatory test, the initial
  2 34 confirmatory test shall not be considered a confirmed positive
  2 35 drug test.
  3  1    f.  The department shall prohibit a laboratory or other
  3  2 medical facility reporting information to anyone other than
  3  3 the department or the tested person relating to the results of
  3  4 a drug test conducted pursuant to this section.
  3  5    g.  A procedure to address incidents of false positive
  3  6 tests.
  3  7    h.  A procedure to ensure the confidentiality of test
  3  8 results, including but not limited to specifying those with
  3  9 access to test result information.
  3 10    i.  Other procedures to administer this section in a fair
  3 11 and reliable manner.  
  3 12                           EXPLANATION
  3 13    This bill establishes a family investment program (FIP)
  3 14 eligibility requirement for participation in drug testing.
  3 15    The bill defines the term "drug" as having the same meaning
  3 16 as the definition in Code section 730.5, relating to private-
  3 17 sector drug-free workplaces, which is any drug on schedules I
  3 18 through IV of the federal Controlled Substances Act.
  3 19    New Code section 239B.2B applies to family investment
  3 20 program applicants and participants who are a child's parent
  3 21 or other specified relative whose needs are included in the
  3 22 program's cash assistance grant payable to the child's family.
  3 23 These persons must agree to participate in drug testing as a
  3 24 condition of eligibility for FIP.
  3 25    The department of human services is to implement a drug
  3 26 testing program for the persons subject to the eligibility
  3 27 requirement.  The program is to include random drug testing of
  3 28 participants and drug testing of all applicants.  Drug testing
  3 29 includes confirmation of any positive result with a
  3 30 chromatographic/mass spectrometry technique or comparable
  3 31 method.
  3 32    If an applicant or participant subject to the bill's
  3 33 requirements has a confirmed positive test result for a drug
  3 34 that was not lawfully prescribed for the person, the applicant
  3 35 or participant is ineligible for FIP assistance.  The period
  4  1 of ineligibility continues until the person has a negative
  4  2 test result for the drug for which the person had a confirmed
  4  3 positive test result.
  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 collection,
  4  9 labeling, and other documentation of test samples,
  4 10 notification concerning test results, interpretation of test
  4 11 results, prohibition against laboratory disclosure of test
  4 12 results, other confidentiality provisions, procedure to
  4 13 address incidents of false positive tests, and other
  4 14 procedures for fairness and reliability.  
  4 15 LSB 1960HC 79
  4 16 jp/gg/8
     

Text: HSB00052                          Text: HSB00054
Text: HSB00000 - HSB00099               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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