Senate File 232 - Introduced SENATE FILE BY ZAUN, WARD, REYNOLDS, KAPUCIAN, BEHN, McKINLEY, KETTERING, JOHNSON, BARTZ, HARTSUCH, SEYMOUR, HAMERLINCK, BOETTGER, WIECK, FEENSTRA, and HAHN Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring drug testing for persons applying or receiving 2 state assistance. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2079XS 83 5 ec/rj/8 PAG LIN 1 1 Section 1. NEW SECTION. 77.1 STATE ASSISTANCE == DRUG 1 2 TESTING REQUIREMENT. 1 3 1. For purposes of this section, unless the context 1 4 otherwise requires: 1 5 a. "Department" means the applicable state department, 1 6 institution, or agency providing state aid. 1 7 b. "Drug" means the same as defined in section 730.5. 1 8 c. "State aid" means any form of financial benefit, aid, 1 9 or assistance provided to a person by a state department, 1 10 institution, or agency. 1 11 2. As a condition of eligibility for an applicant or 1 12 participant to receive state aid, the applicant or participant 1 13 shall, if not otherwise prohibited by law, agree to 1 14 participate in drug testing in accordance with this section. 1 15 3. The department shall implement a program of drug 1 16 testing of persons subject to subsection 2. The program shall 1 17 include but is not limited to all of the following: 1 18 a. Random drug testing of existing participants. 1 19 b. Drug testing of all applicants. 1 20 c. Drug testing shall include confirmation of any initial 1 21 positive test results. Any confirmatory test shall be 1 22 performed using a chromatographic technique such as gas 1 23 chromatography/mass spectrometry or another comparably 1 24 reliable analytical method. 1 25 4. An applicant or participant subject to the provisions 1 26 of subsection 2 who has a confirmed positive test result for a 1 27 drug that was not lawfully prescribed for the person, shall be 1 28 ineligible for state aid. The period of ineligibility 1 29 applicable to a person shall continue until the person has a 1 30 negative test result for the drug for which the person had a 1 31 confirmed positive test result. 1 32 5. A person's positive test result obtained under this 1 33 section shall not be used as evidence in any criminal action 1 34 involving the person. 1 35 6. The applicable department shall adopt rules to 2 1 administer this section. The rules shall include but are not 2 2 limited to all of the following: 2 3 a. Testing procedures to ensure collection of test samples 2 4 is performed under sanitary conditions, with regard for the 2 5 privacy of the person providing the sample, and in a manner 2 6 reasonably calculated to preclude contamination or 2 7 substitution of the sample. Test samples shall be split at 2 8 the time of collection to permit confirmatory tests of the 2 9 sample. The department shall establish standards for analysis 2 10 of samples and for determining test results to be positive. 2 11 b. Labeling and other documentation of test sample 2 12 collections so as to reasonably preclude the possibility of 2 13 misidentification of the person tested in relation to the test 2 14 result provided, and requirement for samples to be handled and 2 15 tracked in a manner such that control and accountability are 2 16 maintained from initial collection to each stage in handling, 2 17 testing, and storage, through final disposition. 2 18 c. A person being tested shall be given an opportunity to 2 19 provide any information which may be considered relevant to 2 20 the test, including identification of prescription or 2 21 nonprescription drugs currently or recently used, or other 2 22 relevant medical information. To assist a person in providing 2 23 the information described in this paragraph, the department 2 24 shall provide the person with a list of the drugs for which 2 25 the person is tested. 2 26 d. A medical review officer shall review and interpret any 2 27 confirmed positive test results, including both quantitative 2 28 and qualitative test results, to ensure that the chain of 2 29 custody is complete and sufficient on its face and that any 2 30 information provided by the person pursuant to paragraph "c" 2 31 is considered. 2 32 e. A procedure to provide written notification to a person 2 33 of the results of a confirmed positive drug test by certified 2 34 mail or other verifiable means. The notification shall 2 35 include the person's right to request and obtain a second 3 1 confirmatory test at an approved laboratory of the person's 3 2 choice. If the results of the second test do not confirm the 3 3 results of the initial confirmatory test, the initial 3 4 confirmatory test shall not be considered a confirmed positive 3 5 drug test. 3 6 f. The department shall prohibit a laboratory or other 3 7 medical facility reporting information to anyone other than 3 8 the department or the tested person relating to the results of 3 9 a drug test conducted pursuant to this section. 3 10 g. A procedure to address incidents of false positive 3 11 tests. 3 12 h. A procedure to ensure the confidentiality of test 3 13 results, including but not limited to specifying those with 3 14 access to test result information. 3 15 i. Other procedures to administer this section in a fair 3 16 and reliable manner. 3 17 EXPLANATION 3 18 This bill establishes a requirement that individuals 3 19 applying and receiving state aid participate in drug testing 3 20 if such drug testing is not otherwise prohibited by law. 3 21 The bill defines the term "drug" as having the same meaning 3 22 as the definition in Code section 730.5, relating to 3 23 private=sector drug=free workplaces, which is any drug on 3 24 schedules I through V of the federal Controlled Substances 3 25 Act. "State aid" is defined as any form of financial benefit, 3 26 aid, or assistance provided to a person by a state department, 3 27 institution, or agency. 3 28 Each applicable state department, institution, or agency 3 29 providing state aid shall implement a drug testing program for 3 30 the persons subject to the eligibility requirement. The 3 31 program is to include random drug testing of participants and 3 32 drug testing of all applicants. Drug testing includes 3 33 confirmation of any positive result with a 3 34 chromatographic/mass spectrometry technique or comparable 3 35 method. 4 1 If an applicant or participant subject to the bill's 4 2 requirements has a confirmed positive test result for a drug 4 3 that was not lawfully prescribed for the person, the applicant 4 4 or participant is ineligible for state aid. The period of 4 5 ineligibility continues until the person has a negative test 4 6 result for the drug for which the person had a confirmed 4 7 positive test result. 4 8 The bill prohibits a person's positive test result obtained 4 9 under the bill's provisions from being used as evidence in any 4 10 criminal action involving the person. 4 11 The department is directed to adopt rules to administer the 4 12 provisions of the bill. The rules are to address collection, 4 13 labeling, and other documentation of test samples, 4 14 notification concerning test results, interpretation of test 4 15 results, prohibition against laboratory disclosure of test 4 16 results, other confidentiality provisions, procedure to 4 17 address incidents of false positive tests, and other 4 18 procedures for fairness and reliability. 4 19 LSB 2079XS 83 4 20 ec/rj/8