Senate File 505 S-3166 Amend Senate File 505 as follows: 1 1. Page 119, after line 25 by inserting: 2 < DIVISION ___ 3 DRUG TESTING —— FAMILY INVESTMENT PROGRAM 4 Sec. ___. NEW SECTION . 239B.2D Drug testing for 5 applicants. 6 1. For the purposes of this section, unless the 7 context otherwise requires: 8 a. “Confirmed positive test result” means the 9 results of a urine, oral fluid, or blood test in 10 which the level of controlled substances or their 11 metabolites in the sample analyzed meets or exceeds 12 nationally accepted standards for determining 13 detectable levels of controlled substances as adopted 14 by the federal substance abuse and mental health 15 services administration. If nationally accepted 16 standards for oral fluid tests have not been adopted 17 by the federal substance abuse and mental health 18 services administration, the standards for determining 19 detectable levels of controlled substances for purposes 20 of determining a confirmed positive test result shall 21 be the same standard that has been established by the 22 federal food and drug administration for the measuring 23 instrument used to perform the oral fluid test. 24 b. “Licensed substance abuse treatment program” 25 means an inpatient or outpatient substance abuse 26 treatment program licensed by the department of public 27 health under chapter 125. 28 c. “Sample” means a sample from the human body 29 capable of revealing the presence of controlled 30 substances, or their metabolites, which shall include 31 only urine, saliva, or blood. 32 2. a. The drug testing requirements of this 33 section apply to the following applicants for and 34 recipients of assistance under this chapter: 35 (1) Each adult parent, guardian, or specified 36 relative who is included in the applicant family, 37 including both parents of a two-parent family, or 38 an individual who may be exempt from work activity 39 requirements due to the age of the youngest child or 40 who may be exempt from work activity requirements under 41 the PROMISE JOBS program. 42 (2) A minor parent who is not required to live 43 with a parent, guardian, or other adult caretaker in 44 accordance with this chapter. 45 (3) A recipient of assistance who provided a 46 written acknowledgment of the drug testing requirements 47 of this section at the time of application for 48 assistance and for whom there is reasonable suspicion 49 that the recipient uses or is under the influence of a 50 -1- SF505.1877 (2) 86 rh/rj 1/ 6 #1.

controlled substance, as determined by the department, 1 shall be subject to random drug testing. 2 b. Dependent children under the age of eighteen 3 years are exempt from the drug testing requirements of 4 this section. 5 c. The department shall require a drug test that 6 is similar to a drug test as a condition of employment 7 under section 730.5 to screen the persons subject to 8 this section for the presence of controlled substances. 9 d. If a person has a confirmed positive test 10 result, the person shall be responsible for the cost 11 of the person’s drug test. If a person does not have 12 a confirmed positive test result, the state shall be 13 responsible for the cost of the person’s drug test. 14 3. a. A person who is subject to this section is 15 ineligible to receive assistance under this chapter if 16 the person does not participate in the required drug 17 testing. 18 b. A person who is subject to this section is 19 ineligible to receive assistance under this chapter if 20 the person has a confirmed positive test result for the 21 presence of either of the following: 22 (1) A substance listed in schedule I under section 23 124.204. 24 (2) A substance listed in schedule II, III, or 25 IV under chapter 124 that was not prescribed for the 26 person. 27 c. The period of ineligibility for an applicant 28 or recipient who is ineligible for assistance under 29 paragraph “b” is one year after the date of the 30 confirmed positive test result. 31 4. The department shall do all of the following in 32 implementing this section: 33 a. (1) Provide notice of drug testing to each 34 person who is subject to this section at the time of 35 application. The notice must advise the person that 36 drug testing will be conducted as a condition for 37 receiving assistance under this chapter and that the 38 person must bear the cost of testing. The applicant 39 shall be advised that the required drug testing may be 40 avoided if the applicant does not complete or withdraws 41 the application for assistance. 42 (2) Advise each person to be tested, before the 43 test is conducted, that the person may, but is not 44 required to, inform the agent administering the test 45 of any prescription or over-the-counter medication the 46 person is taking. 47 (3) Require each person to be tested to sign a 48 written acknowledgment that the person has received and 49 understood the notice and advice provided under this 50 -2- SF505.1877 (2) 86 rh/rj 2/ 6

paragraph “a” . 1 b. Assure each person being tested a reasonable 2 degree of dignity while producing and submitting 3 a sample for drug testing, consistent with the 4 department’s need to ensure the reliability of the 5 sample. 6 c. Specify circumstances under which a person with 7 a confirmed positive test result has the right to take 8 one or more additional tests. 9 d. Inform a person who has a confirmed positive 10 test result and is deemed ineligible for assistance 11 that the person may not reapply for assistance until 12 one year after the date of the confirmed positive 13 test result unless the person meets the requirements 14 of paragraph “f” . If the person has a subsequent 15 confirmed positive test result, the person shall be 16 ineligible to receive assistance for three years after 17 the date of the subsequent result unless the person 18 meets the requirements of paragraph “f” . 19 e. Provide any person with a confirmed positive 20 test result with a list of licensed substance abuse 21 treatment programs available in the area in which the 22 person resides. Neither the department nor the state 23 is responsible for providing or paying for substance 24 abuse treatment as part of the drug testing conducted 25 under this section. 26 f. A person with a confirmed positive test 27 result who is denied assistance under this chapter 28 may reapply for assistance after six months if the 29 person can document the successful completion of a 30 licensed substance abuse treatment program. A person 31 who has met the requirements of this paragraph and 32 reapplies for assistance must also pass the initial 33 drug test required under subsection 2. Any drug test 34 conducted while the person is undergoing substance 35 abuse treatment must meet the requirements for a drug 36 test under subsection 2. The cost of any drug testing 37 or substance abuse treatment provided under this 38 subsection shall be the responsibility of the person 39 being tested or receiving treatment. A person with 40 a confirmed positive test result from the drug test 41 required under subsection 2 may reapply for assistance 42 under this paragraph only once. 43 5. If an applicant or recipient parent is deemed 44 ineligible for assistance as a result of having 45 a confirmed positive test result from a drug test 46 conducted under this section, all of the following 47 apply: 48 a. The eligibility of the applicant’s or 49 recipient’s dependent child for assistance is not 50 -3- SF505.1877 (2) 86 rh/rj 3/ 6

affected. 1 b. An appropriate protective payee shall be 2 designated to receive assistance on behalf of the 3 dependent child. The parent may choose to designate 4 an individual as the protective payee. The individual 5 designated by the parent as the protective payee must 6 be a specified relative or other immediate family 7 member unless such family member is not available or 8 the family member declines the designation. In which 9 case another individual, approved by the department, 10 shall be designated as the protective payee. The 11 individual must also undergo drug testing before being 12 approved to be the protective payee. If the designated 13 individual has a confirmed positive test result, the 14 designated individual shall be ineligible to be the 15 protective payee. 16 6. The department shall adopt rules to implement 17 this section. > 18 2. By renumbering as necessary. 19 ______________________________ BILL ANDERSON ______________________________ JERRY BEHN ______________________________ RICK BERTRAND ______________________________ MICHAEL BREITBACH ______________________________ JAKE CHAPMAN ______________________________ MARK CHELGREN ______________________________ MARK COSTELLO -4- SF505.1877 (2) 86 rh/rj 4/ 6 #2.

______________________________ BILL DIX ______________________________ RANDY FEENSTRA ______________________________ JULIAN GARRETT ______________________________ DENNIS GUTH ______________________________ DAVID JOHNSON ______________________________ TIM L. KAPUCIAN ______________________________ KEN ROZENBOOM ______________________________ CHARLES SCHNEIDER ______________________________ JASON SCHULTZ ______________________________ MARK SEGEBART ______________________________ TOM SHIPLEY ______________________________ AMY SINCLAIR ______________________________ ROBY SMITH -5- SF505.1877 (2) 86 rh/rj 5/ 6