Senate Study Bill 1237 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LABOR AND BUSINESS RELATIONS BILL BY CHAIRPERSON SCHULTZ) A BILL FOR An Act requiring 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 1528XC (5) 88 hb/rh

S.F. _____ Section 1. NEW SECTION . 239B.2A Drug testing. 1 1. For the purposes of this section, unless the context 2 otherwise requires: 3 a. “Confirmed positive test result” means the results of a 4 urine, hair, or sweat test in which the level of drugs or their 5 metabolites in the sample analyzed meets or exceeds nationally 6 accepted standards for determining detectable levels of drugs 7 as adopted by the federal substance abuse and mental health 8 services administration. 9 b. “Drug” means tetrahydrocannabinol, cocaine, opiates, 10 phencyclidine, benzodiazepines, barbiturates, methamphetamine, 11 and amphetamines. 12 c. “Licensed substance abuse treatment program” means an 13 inpatient or outpatient substance abuse treatment program 14 licensed by the department of public health under chapter 125. 15 d. “Sample” means a sample from the human body capable of 16 revealing the presence of drugs, or their metabolites, which 17 shall include only urine, hair, or sweat. 18 2. a. The drug testing requirements of this section apply 19 to applicants for and participants in the family investment 20 program under this chapter who are reasonably suspected of 21 using drugs, who have been reported as using drugs, or who 22 have been arrested within the preceding six months of the 23 application. 24 b. The drug testing requirements of this section do not 25 apply to the following applicants or participants under this 26 chapter: 27 (1) Dependent children under the age of eighteen years. 28 (2) Adults eligible for Medicare based on the adult’s age. 29 c. The department shall require a nine panel drug test to 30 screen a person who is subject to this section for the presence 31 of drugs. The person is responsible for the initial cost of 32 the person’s drug test. If the person has a confirmed positive 33 test result, the person shall be responsible for the cost of 34 the drug test. If the person’s drug test does not result in a 35 -1- LSB 1528XC (5) 88 hb/rh 1/ 6

S.F. _____ confirmed positive test result, the cost of the test shall be 1 reimbursed to the person in the next deposit of benefits. 2 3. A person who is subject to this section shall be subject 3 to a background check by the department. The background check 4 may include a state criminal history background check and a 5 national criminal history check through the federal bureau of 6 investigation. 7 4. A person who is subject to this section is ineligible to 8 receive assistance under this chapter if the person does not 9 participate in the required drug testing or background check. 10 5. The department shall do all of the following in 11 implementing this section: 12 a. Develop a survey required for applicants and participants 13 in the family investment program to screen for potential drug 14 use. 15 b. (1) Provide notice of drug testing to each person who is 16 subject to this section who is reasonably suspected of using or 17 has been reported as using drugs. The notice shall advise the 18 person that drug testing will be conducted as a condition to 19 receive or to continue to receive assistance under this chapter 20 and that the person must bear the cost of testing. The notice 21 shall also advise the person that if the person has a confirmed 22 positive test result, the person shall be responsible for the 23 cost of the drug test and if the person’s drug test does not 24 result in a confirmed positive test result, the cost of the 25 test shall be returned to the person in the next deposit of 26 benefits. 27 (2) Advise each person to be tested, before the test 28 is conducted, that the person may, but is not required to, 29 advise the agent administering the test of any prescription or 30 over-the-counter medication the person is taking. 31 (3) Require each person to be tested to sign a written 32 acknowledgment that the person has received and understood the 33 notice and advice provided under this paragraph “a” . 34 c. Assure that each person being tested has a reasonable 35 -2- LSB 1528XC (5) 88 hb/rh 2/ 6

S.F. _____ degree of dignity while producing and submitting a sample for 1 drug testing, consistent with the department’s need to ensure 2 the reliability of the sample. 3 d. Adopt rules specifying circumstances under which a person 4 with a confirmed positive test result has the right to retake 5 the drug test. 6 e. Inform a person who has a confirmed positive test result 7 and is deemed ineligible for assistance that the person may 8 not reapply for assistance until one year after the date of 9 the confirmed positive test result unless the person meets the 10 requirements of paragraph “g” . 11 f. Provide any person with a confirmed positive test result 12 with a list of licensed substance abuse treatment programs 13 available in the area in which the person resides. Neither the 14 department nor the state is responsible for providing or paying 15 for substance abuse treatment as part of the drug testing 16 conducted under this section. 17 g. A person with a confirmed positive test result who is 18 denied assistance under this chapter may reapply for assistance 19 after three months if the person can provide a confirmed 20 negative test result. The cost of any drug testing or 21 substance abuse treatment provided under this subsection shall 22 be the responsibility of the person being treated. A person 23 with a confirmed positive test result shall be ineligible to 24 receive assistance for one year after the date of a subsequent 25 confirmed positive test result unless the person meets the 26 requirements of paragraph “h” . 27 h. A person with a subsequent confirmed positive test result 28 who is denied assistance under this chapter may reapply for 29 assistance after six months if the person can document the 30 successful completion of a licensed substance abuse treatment 31 program. A person who has met the requirements of this 32 paragraph and who reapplies for assistance shall be required 33 to take a subsequent drug test. Any drug test conducted while 34 the person is undergoing substance abuse treatment must meet 35 -3- LSB 1528XC (5) 88 hb/rh 3/ 6

S.F. _____ the requirements for a drug test under subsection 2. The cost 1 of any drug testing or substance abuse treatment provided under 2 this subsection shall be the responsibility of the person 3 being treated. If the person has a subsequent confirmed 4 positive test result, the person shall be ineligible to receive 5 assistance for one year after the date of the subsequent 6 result. 7 5. a. If an applicant or participant parent is deemed 8 ineligible for assistance as a result of having a confirmed 9 positive test result from a drug test conducted under this 10 section, the eligibility of the applicant’s or participant’s 11 dependent child for assistance is not affected. 12 b. An appropriate protective payee shall be designated 13 to receive assistance on behalf of the dependent child. The 14 parent may choose to designate a person as the protective 15 payee. The person designated by the parent as the protective 16 payee must be a specified relative or other immediate family 17 member unless such family member is not available or the 18 family member declines the designation, in which case another 19 person, approved by the department, shall be designated as 20 the protective payee. If the designated person is reasonably 21 suspected of using drugs, has been reported as using drugs, 22 or has been arrested within the preceding six months, the 23 designated person must also undergo drug testing before being 24 approved to be the protective payee. If the designated person 25 has a confirmed positive test result, the designated person 26 shall be ineligible to be the protective payee. 27 6. The department shall adopt rules to implement this 28 section. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill creates a provision for drug testing of family 33 investment program (FIP) applicants and participants who are 34 suspected of drug use, or who have been arrested within the 35 -4- LSB 1528XC (5) 88 hb/rh 4/ 6

S.F. _____ preceding six months of the application for benefits. The 1 bill defines “drug” as tetrahydrocannabinol, cocaine, opiates, 2 phencyclidine, benzodiazepines, barbiturates, methamphetamine, 3 and amphetamines. The bill directs the department of 4 human services to develop a survey to screen applicants and 5 participants for potential drug use. The bill requires the 6 department to require a nine panel drug test for a person 7 subject to drug testing under the bill, and requires that the 8 person be advised that the person shall be tested for drug use 9 and that the person has the option to not submit to the test 10 if the person does not apply for benefits. The person being 11 tested shall sign an acknowledgment stating they understand the 12 testing and that they are required to pay for the test. The 13 bill provides an applicant or participant shall also be subject 14 to a background check. 15 If the person tests positive for a drug, the person is 16 ineligible to apply for FIP benefits for three months if the 17 person can provide a confirmed negative test result. If the 18 person tests positive for a drug a second time, the person is 19 ineligible to receive benefits for a period of six months. 20 However, after six months, the person may reapply if the person 21 can document successful participation in a licensed substance 22 abuse treatment program. Upon showing successful completion of 23 a substance abuse treatment program, the person must submit to 24 another drug test. If the test result is negative, the person 25 may apply for benefits. If the person tests positive for a 26 drug a third time, the person is ineligible to receive benefits 27 for one year. 28 The bill provides that if the parent or guardian of a child 29 is suspected of drug use and required to submit a drug test 30 that returns positive results, the child will remain eligible 31 for benefits. The parent, guardian, or department may appoint 32 a person who will receive the benefits on behalf of the child. 33 If the parent or guardian appoints a person where there is 34 reasonable suspicion of illegal drug use, that person will 35 -5- LSB 1528XC (5) 88 hb/rh 5/ 6

S.F. _____ be required to undergo the same testing that the parent or 1 guardian underwent before the disbursements of funds can occur. 2 The bill exempts persons who are under the age of 18 and adults 3 eligible for Medicare based on the adult’s age from being drug 4 tested. 5 -6- LSB 1528XC (5) 88 hb/rh 6/ 6