SSB 1237 (LSB 1528XC (5) 88)

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 recipients of assistance under the family investment program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  239B.2A  Drug testing.
   1.  For the purposes of this section, unless the context otherwise requires:
   a.  “Confirmed positive test result” means the results of a urine, hair, or sweat test in which the level of drugs or their metabolites in the sample analyzed meets or exceeds nationally accepted standards for determining detectable levels of drugs as adopted by the federal substance abuse and mental health services administration.
   b.  “Drug” means tetrahydrocannabinol, cocaine, opiates, phencyclidine, benzodiazepines, barbiturates, methamphetamine, and amphetamines.
   c.  “Licensed substance abuse treatment program” means an inpatient or outpatient substance abuse treatment program licensed by the department of public health under chapter 125.
   d.  “Sample” means a sample from the human body capable of revealing the presence of drugs, or their metabolites, which shall include only urine, hair, or sweat.
   2.  a.  The drug testing requirements of this section apply to applicants for and participants in the family investment program under this chapter who are reasonably suspected of using drugs, who have been reported as using drugs, or who have been arrested within the preceding six months of the application.
   b.  The drug testing requirements of this section do not apply to the following applicants or participants under this chapter:
   (1)  Dependent children under the age of eighteen years.
   (2)  Adults eligible for Medicare based on the adult’s age.
   c.  The department shall require a nine panel drug test to screen a person who is subject to this section for the presence of drugs. The person is responsible for the initial cost of the person’s drug test. If the person has a confirmed positive test result, the person shall be responsible for the cost of the drug test. If the person’s drug test does not result in a confirmed positive test result, the cost of the test shall be reimbursed to the person in the next deposit of benefits. 
   3.  A person who is subject to this section shall be subject to a background check by the department. The background check may include a state criminal history background check and a national criminal history check through the federal bureau of investigation.
   4.  A person who is subject to this section is ineligible to receive assistance under this chapter if the person does not participate in the required drug testing or background check.
   5.  The department shall do all of the following in implementing this section:
   a.  Develop a survey required for applicants and participants in the family investment program to screen for potential drug use.
   b.  (1)  Provide notice of drug testing to each person who is subject to this section who is reasonably suspected of using or has been reported as using drugs. The notice shall advise the person that drug testing will be conducted as a condition to receive or to continue to receive assistance under this chapter and that the person must bear the cost of testing. The notice shall also advise the person that if the person has a confirmed positive test result, the person shall be responsible for the cost of the drug test and if the person’s drug test does not result in a confirmed positive test result, the cost of the test shall be returned to the person in the next deposit of benefits.
   (2)  Advise each person to be tested, before the test is conducted, that the person may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication the person is taking.
   (3)  Require each person to be tested to sign a written acknowledgment that the person has received and understood the notice and advice provided under this paragraph “a”.
   c.  Assure that each person being tested has a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the department’s need to ensure the reliability of the sample.
   d.  Adopt rules specifying circumstances under which a person with a confirmed positive test result has the right to retake the drug test.
   e.  Inform a person who has a confirmed positive test result and is deemed ineligible for assistance that the person may not reapply for assistance until one year after the date of the confirmed positive test result unless the person meets the requirements of paragraph “g”.
   f.  Provide any person with a confirmed positive test result with a list of licensed substance abuse treatment programs available in the area in which the person resides. Neither the department nor the state is responsible for providing or paying for substance abuse treatment as part of the drug testing conducted under this section.
   g.  A person with a confirmed positive test result who is denied assistance under this chapter may reapply for assistance after three months if the person can provide a confirmed negative test result. The cost of any drug testing or substance abuse treatment provided under this subsection shall be the responsibility of the person being treated. A person with a confirmed positive test result shall be ineligible to receive assistance for one year after the date of a subsequent confirmed positive test result unless the person meets the requirements of paragraph “h”.
   h.  A person with a subsequent confirmed positive test result who is denied assistance under this chapter may reapply for assistance after six months if the person can document the successful completion of a licensed substance abuse treatment program. A person who has met the requirements of this paragraph and who reapplies for assistance shall be required to take a subsequent drug test. Any drug test conducted while the person is undergoing substance abuse treatment must meet the requirements for a drug test under subsection 2. The cost of any drug testing or substance abuse treatment provided under this subsection shall be the responsibility of the person being treated. If the person has a subsequent confirmed positive test result, the person shall be ineligible to receive assistance for one year after the date of the subsequent result.
   5.  a.  If an applicant or participant parent is deemed ineligible for assistance as a result of having a confirmed positive test result from a drug test conducted under this section, the eligibility of the applicant’s or participant’s dependent child for assistance is not affected.
   b.  An appropriate protective payee shall be designated to receive assistance on behalf of the dependent child. The parent may choose to designate a person as the protective payee. The person designated by the parent as the protective payee must be a specified relative or other immediate family member unless such family member is not available or the family member declines the designation, in which case another person, approved by the department, shall be designated as the protective payee. If the designated person is reasonably suspected of using drugs, has been reported as using drugs, or has been arrested within the preceding six months, the designated person must also undergo drug testing before being approved to be the protective payee. If the designated person has a confirmed positive test result, the designated person shall be ineligible to be the protective payee.
   6.  The department shall adopt rules to implement this section. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates a provision for drug testing of family investment program (FIP) applicants and participants who are suspected of drug use, or who have been arrested within the preceding six months of the application for benefits. The bill defines “drug” as tetrahydrocannabinol, cocaine, opiates, phencyclidine, benzodiazepines, barbiturates, methamphetamine, and amphetamines. The bill directs the department of human services to develop a survey to screen applicants and participants for potential drug use. The bill requires the department to require a nine panel drug test for a person subject to drug testing under the bill, and requires that the person be advised that the person shall be tested for drug use and that the person has the option to not submit to the test if the person does not apply for benefits. The person being tested shall sign an acknowledgment stating they understand the testing and that they are required to pay for the test. The bill provides an applicant or participant shall also be subject to a background check.
   If the person tests positive for a drug, the person is ineligible to apply for FIP benefits for three months if the person can provide a confirmed negative test result. If the person tests positive for a drug a second time, the person is ineligible to receive benefits for a period of six months. However, after six months, the person may reapply if the person can document successful participation in a licensed substance abuse treatment program. Upon showing successful completion of a substance abuse treatment program, the person must submit to another drug test. If the test result is negative, the person may apply for benefits. If the person tests positive for a drug a third time, the person is ineligible to receive benefits for one year.
   The bill provides that if the parent or guardian of a child is suspected of drug use and required to submit a drug test that returns positive results, the child will remain eligible for benefits. The parent, guardian, or department may appoint a person who will receive the benefits on behalf of the child. If the parent or guardian appoints a person where there is reasonable suspicion of illegal drug use, that person will be required to undergo the same testing that the parent or guardian underwent before the disbursements of funds can occur. The bill exempts persons who are under the age of 18 and adults eligible for Medicare based on the adult’s age from being drug tested.