House File 141 - Introduced HOUSE FILE 141 BY WILLS , KLEIN , BAUDLER , WATTS , JONES , BRANHAGEN , HOLT , HEARTSILL , FISHER , SALMON , NUNN , and KOOIKER A BILL FOR An Act mandating drug testing of applicants for and certain 1 recipients of assistance under the family investment 2 program. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2024YH (3) 86 rh/nh

H.F. 141 Section 1. NEW SECTION . 239B.2D Drug testing for 1 applicants. 2 1. For the purposes of this section, unless the context 3 otherwise requires: 4 a. “Confirmed positive test result” means the results of 5 a urine, oral fluid, or blood test in which the level of 6 controlled substances or their metabolites in the sample 7 analyzed meets or exceeds nationally accepted standards for 8 determining detectable levels of controlled substances as 9 adopted by the federal substance abuse and mental health 10 services administration. If nationally accepted standards for 11 oral fluid tests have not been adopted by the federal substance 12 abuse and mental health services administration, the standards 13 for determining detectable levels of controlled substances for 14 purposes of determining a confirmed positive test result shall 15 be the same standard that has been established by the federal 16 food and drug administration for the measuring instrument used 17 to perform the oral fluid test. 18 b. “Licensed substance abuse treatment program” means an 19 inpatient or outpatient substance abuse treatment program 20 licensed by the department of public health under chapter 125. 21 c. “Sample” means a sample from the human body capable 22 of revealing the presence of controlled substances, or their 23 metabolites, which shall include only urine, saliva, or blood. 24 2. a. The drug testing requirements of this section apply 25 to the following applicants for and recipients of assistance 26 under this chapter: 27 (1) Each adult parent, guardian, or specified relative who 28 is included in the applicant family, including both parents of 29 a two-parent family, or an individual who may be exempt from 30 work activity requirements due to the age of the youngest child 31 or who may be exempt from work activity requirements under the 32 PROMISE JOBS program. 33 (2) A minor parent who is not required to live with a 34 parent, guardian, or other adult caretaker in accordance with 35 -1- LSB 2024YH (3) 86 rh/nh 1/ 7

H.F. 141 this chapter. 1 (3) A recipient of assistance who provided a written 2 acknowledgment of the drug testing requirements of this 3 section at the time of application for assistance and for whom 4 there is information indicating a significant likelihood the 5 recipient is using a controlled substance, as determined by the 6 department, shall be subject to random drug testing. 7 b. Dependent children under the age of eighteen years are 8 exempt from the drug testing requirements of this section. 9 c. The department shall require a drug test that is similar 10 to a drug test as a condition of employment under section 730.5 11 to screen the persons subject to this section for the presence 12 of controlled substances. The person is responsible for the 13 cost of the person’s drug test. 14 3. a. A person who is subject to this section is ineligible 15 to receive assistance under this chapter if the person does not 16 participate in the required drug testing. 17 b. A person who is subject to this section is ineligible 18 to receive assistance under this chapter if the person has a 19 confirmed positive test result for the presence of either of 20 the following: 21 (1) A substance listed in schedule I under section 124.204. 22 (2) A substance listed in schedule II, III, or IV under 23 chapter 124 that was not prescribed for the person. 24 c. The period of ineligibility for an applicant or recipient 25 who is ineligible for assistance under paragraph “b” is one year 26 after the date of the confirmed positive test result. 27 4. The department shall do all of the following in 28 implementing this section: 29 a. (1) Provide notice of drug testing to each person who is 30 subject to this section at the time of application. The notice 31 must advise the person that drug testing will be conducted as a 32 condition for receiving assistance under this chapter and that 33 the person must bear the cost of testing. The applicant shall 34 be advised that the required drug testing may be avoided if the 35 -2- LSB 2024YH (3) 86 rh/nh 2/ 7

H.F. 141 applicant does not complete or withdraws the application for 1 assistance. 2 (2) Advise each person to be tested, before the test 3 is conducted, that the person may, but is not required to, 4 inform the agent administering the test of any prescription or 5 over-the-counter medication the person is taking. 6 (3) Require each person to be tested to sign a written 7 acknowledgment that the person has received and understood the 8 notice and advice provided under this paragraph “a” . 9 b. Assure each person being tested a reasonable degree 10 of dignity while producing and submitting a sample for drug 11 testing, consistent with the department’s need to ensure the 12 reliability of the sample. 13 c. Specify circumstances under which a person with a 14 confirmed positive test result has the right to take one or 15 more additional tests. 16 d. Inform a person who has a confirmed positive test result 17 and is deemed ineligible for assistance that the person may 18 not reapply for assistance until one year after the date of 19 the confirmed positive test result unless the person meets the 20 requirements of paragraph “f” . If the person has a subsequent 21 confirmed positive test result, the person shall be ineligible 22 to receive assistance for three years after the date of the 23 subsequent result unless the person meets the requirements of 24 paragraph “f” . 25 e. Provide any person with a confirmed positive test result 26 with a list of licensed substance abuse treatment programs 27 available in the area in which the person resides. Neither the 28 department nor the state is responsible for providing or paying 29 for substance abuse treatment as part of the drug testing 30 conducted under this section. 31 f. A person with a confirmed positive test result who is 32 denied assistance under this chapter may reapply for assistance 33 after six months if the person can document the successful 34 completion of a licensed substance abuse treatment program. 35 -3- LSB 2024YH (3) 86 rh/nh 3/ 7

H.F. 141 A person who has met the requirements of this paragraph and 1 reapplies for assistance must also pass the initial drug test 2 required under subsection 2. Any drug test conducted while the 3 person is undergoing substance abuse treatment must meet the 4 requirements for a drug test under subsection 2. The cost of 5 any drug testing or substance abuse treatment provided under 6 this subsection shall be the responsibility of the person being 7 tested or receiving treatment. A person with a confirmed 8 positive test result from the drug test required under 9 subsection 2 may reapply for assistance under this paragraph 10 only once. 11 5. If an applicant or recipient parent is deemed ineligible 12 for assistance as a result of having a confirmed positive test 13 result from a drug test conducted under this section, all of 14 the following apply: 15 a. The eligibility of the applicant’s or recipient’s 16 dependent child for assistance is not affected. 17 b. An appropriate protective payee shall be designated 18 to receive assistance on behalf of the dependent child. 19 The parent may choose to designate an individual as the 20 protective payee. The individual designated by the parent as 21 the protective payee must be a specified relative or other 22 immediate family member unless such family member is not 23 available or the family member declines the designation. In 24 which case another individual, approved by the department, 25 shall be designated as the protective payee. The individual 26 must also undergo drug testing before being approved to be 27 the protective payee. If the designated individual has a 28 confirmed positive test result, the designated individual shall 29 be ineligible to be the protective payee. 30 6. The department shall adopt rules to implement this 31 section. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -4- LSB 2024YH (3) 86 rh/nh 4/ 7

H.F. 141 This bill requires drug testing of applicants for and 1 certain recipients of assistance under the family investment 2 program (FIP) in new Code section 239B.2D. The program 3 provides cash assistance and employment-related services to 4 low-income families with children under the federal temporary 5 assistance for needy families (TANF) block grant. The 6 department of human services administers the program and block 7 grant for this state. 8 The bill utilizes the following terms that are defined in 9 Code section 239B.1: 10 “Applicant” means a person who files an application for 11 participation in FIP under Code chapter 239B. 12 “Assistance” means a FIP payment. 13 “Family” means a family unit that includes at least one 14 child and at least one parent or other specified relative of 15 the child. 16 “Minor parent” means an applicant or participant parent who 17 is less than 18 years of age and has never been married. 18 “PROMISE JOBS program” or “JOBS program” means the promoting 19 independence and self-sufficiency through employment job 20 opportunities and basic skills program, a part of FIP. 21 “Specified relative” means a person who is, or was at any 22 time, a relative of an applicant or participant child, by means 23 of blood relationship, marriage, or adoption, or is a spouse of 24 a relative listed in the definition. 25 The bill defines “confirmed positive test result”, “licensed 26 substance abuse treatment program”, and “sample”. 27 The drug testing requirement applies to each applicant for 28 FIP assistance who is an adult parent, guardian, or specified 29 relative who is included in the applicant family, including 30 both parents of a two-parent family, or an individual who may 31 be exempt from work activity requirements due to the age of the 32 youngest child or who may be exempt from work activity under 33 the PROMISE JOBS program. The requirement also applies to 34 each minor parent applicant who is not required to live with 35 -5- LSB 2024YH (3) 86 rh/nh 5/ 7

H.F. 141 a parent, guardian, or other adult caretaker. In addition, 1 a recipient of assistance who accepted the drug testing 2 requirements at the time of application and for whom there is 3 information indicating a significant likelihood the recipient 4 is using a controlled substance is subject to random drug 5 testing. Dependent children under the age of 18 years are 6 exempt from the drug testing requirements. The department is 7 directed to require a drug test of each person who is subject 8 to the requirements to screen for the presence of controlled 9 substances. The person is responsible for the cost of the drug 10 test. 11 A person subject to the requirement who does not participate 12 in the required drug testing is ineligible for cash assistance 13 through FIP. A person who has a confirmed positive test result 14 is ineligible for one year unless the test result was for a 15 controlled substance for which the person has a prescription. 16 The department is required to do all of the following 17 in administering the drug testing requirement: implement 18 notification provisions; allow for additional testing following 19 a confirmed positive test result; apply a three-year period 20 of ineligibility if a person reapplies but has a subsequent 21 confirmed positive test result; provide a listing of licensed 22 substance abuse treatment programs available in the area of a 23 person’s residence if the person has a confirmed positive test 24 result; and allow for a person who has a confirmed positive 25 test result to reapply one time after six months if the person 26 provides documentation of completing a licensed substance abuse 27 treatment program within six months of the confirmed positive 28 test result and passes another drug test. 29 If a parent is deemed ineligible for assistance as a result 30 of having a confirmed positive test result, the dependent child 31 remains eligible for assistance and a protective payee may be 32 designated by the parent to receive the assistance on behalf of 33 the child. If a specified relative or other immediate family 34 member declines to be designated, the department must designate 35 -6- LSB 2024YH (3) 86 rh/nh 6/ 7

H.F. 141 the protective payee. The protective payee is then subject 1 to drug testing before being approved to receive assistance 2 on behalf of the child. A protective payee with a confirmed 3 positive test result is ineligible to receive assistance on 4 behalf of the child. 5 The department is required to adopt rules to implement the 6 new requirements. 7 -7- LSB 2024YH (3) 86 rh/nh 7/ 7