Senate File 147 - Introduced SENATE FILE 147 BY CHELGREN , ROZENBOOM , BEHN , ZAUN , WHITVER , BERTRAND , and FEENSTRA A BILL FOR An Act requiring drug testing for individuals applying for or 1 receiving state assistance. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1794SS (3) 85 je/rj
S.F. 147 Section 1. NEW SECTION . 127.1 State assistance —— drug 1 testing requirement. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Department” means the applicable state department, 5 institution, or agency providing state aid. 6 b. “Drug” means the same as defined in section 730.5. 7 c. “State aid” means any form of financial benefit, aid, 8 or assistance provided to an individual by a state department, 9 institution, or agency. 10 2. As a condition of eligibility for an applicant or 11 participant to receive state aid, the applicant or participant 12 shall, if not otherwise prohibited by law, agree to participate 13 in drug testing in accordance with this section. 14 3. The department shall implement a program of drug testing 15 of individuals subject to subsection 2. The program shall 16 include but is not limited to all of the following: 17 a. Random drug testing of existing participants. 18 b. Drug testing of all applicants. 19 c. Drug testing shall include confirmation of any 20 initial positive test results. Any confirmatory test shall 21 be performed using a chromatographic technique such as gas 22 chromatography/mass spectrometry or another comparably reliable 23 analytical method. 24 4. An applicant or participant subject to the provisions 25 of subsection 2 who has a confirmed positive test result for 26 a drug that was not lawfully prescribed for the individual, 27 shall be ineligible for state aid. The period of ineligibility 28 applicable to an individual shall continue until the individual 29 has a negative test result for the drug for which the 30 individual had a confirmed positive test result. 31 5. An individual’s positive test result obtained under this 32 section shall not be used as evidence in any criminal action 33 involving the individual. 34 6. The applicable department shall adopt rules to 35 -1- LSB 1794SS (3) 85 je/rj 1/ 4
S.F. 147 administer this section. The rules shall include but are not 1 limited to all of the following: 2 a. Testing procedures to ensure collection of test samples 3 is performed under sanitary conditions, with regard for the 4 privacy of the individual providing the sample, and in a manner 5 reasonably calculated to preclude contamination or substitution 6 of the sample. Test samples shall be divided at the time of 7 collection to permit confirmatory tests of the sample. The 8 department shall establish standards for analysis of samples 9 and for determining test results to be positive. 10 b. Labeling and other documentation of test sample 11 collections so as to reasonably preclude the possibility of 12 misidentification of the individual tested in relation to the 13 test result provided, and requirement for samples to be handled 14 and tracked in a manner such that control and accountability 15 are maintained from initial collection to each stage in 16 handling, testing, and storage, through final disposition. 17 c. An individual being tested shall be given an opportunity 18 to provide any information which may be considered relevant 19 to the test, including identification of prescription or 20 nonprescription drugs currently or recently used, or other 21 relevant medical information. To assist an individual in 22 providing the information described in this paragraph, the 23 department shall provide the individual with a list of the 24 drugs for which the individual is tested. 25 d. A medical review officer shall review and interpret any 26 confirmed positive test results, including both quantitative 27 and qualitative test results, to ensure that the chain of 28 custody is complete and sufficient on its face and that any 29 information provided by the individual pursuant to paragraph 30 “c” is considered. 31 e. A procedure to provide written notification to an 32 individual of the results of a confirmed positive drug test by 33 certified mail or other verifiable means. The notification 34 shall include the individual’s right to request and obtain 35 -2- LSB 1794SS (3) 85 je/rj 2/ 4
S.F. 147 a second confirmatory test at an approved laboratory of the 1 individual’s choice. If the results of the second test do 2 not confirm the results of the initial confirmatory test, the 3 initial confirmatory test shall not be considered a confirmed 4 positive drug test. 5 f. The department shall prohibit a laboratory or other 6 medical facility reporting information to anyone other than the 7 department or the tested individual relating to the results of 8 a drug test conducted pursuant to this section. 9 g. A procedure to address incidents of false positive tests. 10 h. A procedure to ensure the confidentiality of test 11 results, including but not limited to specifying those with 12 access to test result information. 13 i. Other procedures to administer this section in a fair and 14 reliable manner. 15 EXPLANATION 16 This bill establishes a requirement that individuals 17 applying and receiving state aid participate in drug testing if 18 such drug testing is not otherwise prohibited by law. 19 The bill defines the term “drug” as having the same meaning 20 as in Code section 730.5, relating to private-sector drug-free 21 workplaces, which is any drug on schedules I through V of the 22 federal Controlled Substances Act. “State aid” is defined as 23 any form of financial benefit, aid, or assistance provided to 24 an individual by a state department, institution, or agency. 25 Each applicable state department, institution, or agency 26 providing state aid shall implement a drug testing program 27 for the individuals subject to the eligibility requirement. 28 The program is to include random drug testing of participants 29 and drug testing of all applicants. Drug testing includes 30 confirmation of any positive result with a chromatographic/mass 31 spectrometry technique or comparable method. 32 If an applicant or participant subject to the bill’s 33 requirements has a confirmed positive test result for a drug 34 that was not lawfully prescribed for the individual, the 35 -3- LSB 1794SS (3) 85 je/rj 3/ 4
S.F. 147 applicant or participant is ineligible for state aid. The 1 period of ineligibility continues until the individual has a 2 negative test result for the drug for which the individual had 3 a confirmed positive test result. 4 The bill prohibits an individual’s positive test result 5 obtained under the bill’s provisions from being used as 6 evidence in any criminal action involving the individual. 7 Each department affected is directed to adopt rules to 8 administer the provisions of the bill. The rules are to 9 address collection, labeling, and other documentation of test 10 samples, notification concerning test results, interpretation 11 of test results, an opportunity for a second confirmatory test 12 of a positive result, prohibition against laboratory disclosure 13 of test results, other confidentiality provisions, procedure to 14 address incidents of false positive tests, and other procedures 15 for fairness and reliability. 16 -4- LSB 1794SS (3) 85 je/rj 4/ 4