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