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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