H.F. 125 Section 1. Section 239B.2, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9. Controlled substance testing. As 3 authorized by the federal Personal Responsibility and Work 4 Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, § 5 902, as codified in 21 U.S.C. § 826b, as a condition of initial 6 eligibility for adult applicants, the department shall require 7 a test for use of controlled substances. As a condition of 8 continuing eligibility for adult participants, the department 9 shall require periodic testing for such use. If there is 10 a positive test result indicating the use of a controlled 11 substance that is not authorized by a qualified health care 12 provider, the department shall require action by the applicant 13 or participant to address the controlled substance use. An 14 applicant or participant who does not comply with the required 15 action shall not receive program benefits while noncompliant. 16 EXPLANATION 17 This bill directs the department of human services to 18 require initial and periodic testing of family investment 19 program applicants and participants for the use of controlled 20 substances. The testing requirement is authorized by federal 21 law cited in the bill. 22 If there is a positive test result indicating the use of 23 a controlled substance that is not authorized by a qualified 24 health care provider, the department is directed to require 25 action by the applicant or participant to address the 26 controlled substance use. An applicant or participant does not 27 receive program benefits while noncompliant with the required 28 actions. 29 -1- LSB 1360YH (4) 84 jp/nh 1/ 1