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Senate Study Bill 1237 - IntroducedA Bill ForAn Act 1requiring drug testing of applicants for and certain
2recipients of assistance under the family investment
3program.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 239B.2A Drug testing.
21. For the purposes of this section, unless the context
3otherwise requires:
4a. “Confirmed positive test result” means the results of a
5urine, hair, or sweat test in which the level of drugs or their
6metabolites in the sample analyzed meets or exceeds nationally
7accepted standards for determining detectable levels of drugs
8as adopted by the federal substance abuse and mental health
9services administration.
10b. “Drug” means tetrahydrocannabinol, cocaine, opiates,
11phencyclidine, benzodiazepines, barbiturates, methamphetamine,
12and amphetamines.
13c. “Licensed substance abuse treatment program” means an
14inpatient or outpatient substance abuse treatment program
15licensed by the department of public health under chapter 125.
16d. “Sample” means a sample from the human body capable of
17revealing the presence of drugs, or their metabolites, which
18shall include only urine, hair, or sweat.
192. a. The drug testing requirements of this section apply
20to applicants for and participants in the family investment
21program under this chapter who are reasonably suspected of
22using drugs, who have been reported as using drugs, or who
23have been arrested within the preceding six months of the
24application.
25b. The drug testing requirements of this section do not
26apply to the following applicants or participants under this
27chapter:
28(1) Dependent children under the age of eighteen years.
29(2) Adults eligible for Medicare based on the adult’s age.
30c. The department shall require a nine panel drug test to
31screen a person who is subject to this section for the presence
32of drugs. The person is responsible for the initial cost of
33the person’s drug test. If the person has a confirmed positive
34test result, the person shall be responsible for the cost of
35the drug test. If the person’s drug test does not result in a
-1-1confirmed positive test result, the cost of the test shall be
2reimbursed to the person in the next deposit of benefits.
33. A person who is subject to this section shall be subject
4to a background check by the department. The background check
5may include a state criminal history background check and a
6national criminal history check through the federal bureau of
7investigation.
84. A person who is subject to this section is ineligible to
9receive assistance under this chapter if the person does not
10participate in the required drug testing or background check.
115. The department shall do all of the following in
12implementing this section:
13a. Develop a survey required for applicants and participants
14in the family investment program to screen for potential drug
15use.
16b. (1) Provide notice of drug testing to each person who is
17subject to this section who is reasonably suspected of using or
18has been reported as using drugs. The notice shall advise the
19person that drug testing will be conducted as a condition to
20receive or to continue to receive assistance under this chapter
21and that the person must bear the cost of testing. The notice
22shall also advise the person that if the person has a confirmed
23positive test result, the person shall be responsible for the
24cost of the drug test and if the person’s drug test does not
25result in a confirmed positive test result, the cost of the
26test shall be returned to the person in the next deposit of
27benefits.
28(2) Advise each person to be tested, before the test
29is conducted, that the person may, but is not required to,
30advise the agent administering the test of any prescription or
31over-the-counter medication the person is taking.
32(3) Require each person to be tested to sign a written
33acknowledgment that the person has received and understood the
34notice and advice provided under this paragraph “a”.
35c. Assure that each person being tested has a reasonable
-2-1degree of dignity while producing and submitting a sample for
2drug testing, consistent with the department’s need to ensure
3the reliability of the sample.
4d. Adopt rules specifying circumstances under which a person
5with a confirmed positive test result has the right to retake
6the drug test.
7e. Inform a person who has a confirmed positive test result
8and is deemed ineligible for assistance that the person may
9not reapply for assistance until one year after the date of
10the confirmed positive test result unless the person meets the
11requirements of paragraph “g”.
12f. Provide any person with a confirmed positive test result
13with a list of licensed substance abuse treatment programs
14available in the area in which the person resides. Neither the
15department nor the state is responsible for providing or paying
16for substance abuse treatment as part of the drug testing
17conducted under this section.
18g. A person with a confirmed positive test result who is
19denied assistance under this chapter may reapply for assistance
20after three months if the person can provide a confirmed
21negative test result. The cost of any drug testing or
22substance abuse treatment provided under this subsection shall
23be the responsibility of the person being treated. A person
24with a confirmed positive test result shall be ineligible to
25receive assistance for one year after the date of a subsequent
26confirmed positive test result unless the person meets the
27requirements of paragraph “h”.
28h. A person with a subsequent confirmed positive test result
29who is denied assistance under this chapter may reapply for
30assistance after six months if the person can document the
31successful completion of a licensed substance abuse treatment
32program. A person who has met the requirements of this
33paragraph and who reapplies for assistance shall be required
34to take a subsequent drug test. Any drug test conducted while
35the person is undergoing substance abuse treatment must meet
-3-1the requirements for a drug test under subsection 2. The cost
2of any drug testing or substance abuse treatment provided under
3this subsection shall be the responsibility of the person
4being treated. If the person has a subsequent confirmed
5positive test result, the person shall be ineligible to receive
6assistance for one year after the date of the subsequent
7result.
85. a. If an applicant or participant parent is deemed
9ineligible for assistance as a result of having a confirmed
10positive test result from a drug test conducted under this
11section, the eligibility of the applicant’s or participant’s
12dependent child for assistance is not affected.
13b. An appropriate protective payee shall be designated
14to receive assistance on behalf of the dependent child. The
15parent may choose to designate a person as the protective
16payee. The person designated by the parent as the protective
17payee must be a specified relative or other immediate family
18member unless such family member is not available or the
19family member declines the designation, in which case another
20person, approved by the department, shall be designated as
21the protective payee. If the designated person is reasonably
22suspected of using drugs, has been reported as using drugs,
23or has been arrested within the preceding six months, the
24designated person must also undergo drug testing before being
25approved to be the protective payee. If the designated person
26has a confirmed positive test result, the designated person
27shall be ineligible to be the protective payee.
286. The department shall adopt rules to implement this
29section.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill creates a provision for drug testing of family
34investment program (FIP) applicants and participants who are
35suspected of drug use, or who have been arrested within the
-4-1preceding six months of the application for benefits. The
2bill defines “drug” as tetrahydrocannabinol, cocaine, opiates,
3phencyclidine, benzodiazepines, barbiturates, methamphetamine,
4and amphetamines. The bill directs the department of
5human services to develop a survey to screen applicants and
6participants for potential drug use. The bill requires the
7department to require a nine panel drug test for a person
8subject to drug testing under the bill, and requires that the
9person be advised that the person shall be tested for drug use
10and that the person has the option to not submit to the test
11if the person does not apply for benefits. The person being
12tested shall sign an acknowledgment stating they understand the
13testing and that they are required to pay for the test. The
14bill provides an applicant or participant shall also be subject
15to a background check.
16If the person tests positive for a drug, the person is
17ineligible to apply for FIP benefits for three months if the
18person can provide a confirmed negative test result. If the
19person tests positive for a drug a second time, the person is
20ineligible to receive benefits for a period of six months.
21However, after six months, the person may reapply if the person
22can document successful participation in a licensed substance
23abuse treatment program. Upon showing successful completion of
24a substance abuse treatment program, the person must submit to
25another drug test. If the test result is negative, the person
26may apply for benefits. If the person tests positive for a
27drug a third time, the person is ineligible to receive benefits
28for one year.
29The bill provides that if the parent or guardian of a child
30is suspected of drug use and required to submit a drug test
31that returns positive results, the child will remain eligible
32for benefits. The parent, guardian, or department may appoint
33a person who will receive the benefits on behalf of the child.
34If the parent or guardian appoints a person where there is
35reasonable suspicion of illegal drug use, that person will
-5-1be required to undergo the same testing that the parent or
2guardian underwent before the disbursements of funds can occur.
3The bill exempts persons who are under the age of 18 and adults
4eligible for Medicare based on the adult’s age from being drug
5tested.
-6-hb/rh
2recipients of assistance under the family investment
3program.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 239B.2A Drug testing.
21. For the purposes of this section, unless the context
3otherwise requires:
4a. “Confirmed positive test result” means the results of a
5urine, hair, or sweat test in which the level of drugs or their
6metabolites in the sample analyzed meets or exceeds nationally
7accepted standards for determining detectable levels of drugs
8as adopted by the federal substance abuse and mental health
9services administration.
10b. “Drug” means tetrahydrocannabinol, cocaine, opiates,
11phencyclidine, benzodiazepines, barbiturates, methamphetamine,
12and amphetamines.
13c. “Licensed substance abuse treatment program” means an
14inpatient or outpatient substance abuse treatment program
15licensed by the department of public health under chapter 125.
16d. “Sample” means a sample from the human body capable of
17revealing the presence of drugs, or their metabolites, which
18shall include only urine, hair, or sweat.
192. a. The drug testing requirements of this section apply
20to applicants for and participants in the family investment
21program under this chapter who are reasonably suspected of
22using drugs, who have been reported as using drugs, or who
23have been arrested within the preceding six months of the
24application.
25b. The drug testing requirements of this section do not
26apply to the following applicants or participants under this
27chapter:
28(1) Dependent children under the age of eighteen years.
29(2) Adults eligible for Medicare based on the adult’s age.
30c. The department shall require a nine panel drug test to
31screen a person who is subject to this section for the presence
32of drugs. The person is responsible for the initial cost of
33the person’s drug test. If the person has a confirmed positive
34test result, the person shall be responsible for the cost of
35the drug test. If the person’s drug test does not result in a
-1-1confirmed positive test result, the cost of the test shall be
2reimbursed to the person in the next deposit of benefits.
33. A person who is subject to this section shall be subject
4to a background check by the department. The background check
5may include a state criminal history background check and a
6national criminal history check through the federal bureau of
7investigation.
84. A person who is subject to this section is ineligible to
9receive assistance under this chapter if the person does not
10participate in the required drug testing or background check.
115. The department shall do all of the following in
12implementing this section:
13a. Develop a survey required for applicants and participants
14in the family investment program to screen for potential drug
15use.
16b. (1) Provide notice of drug testing to each person who is
17subject to this section who is reasonably suspected of using or
18has been reported as using drugs. The notice shall advise the
19person that drug testing will be conducted as a condition to
20receive or to continue to receive assistance under this chapter
21and that the person must bear the cost of testing. The notice
22shall also advise the person that if the person has a confirmed
23positive test result, the person shall be responsible for the
24cost of the drug test and if the person’s drug test does not
25result in a confirmed positive test result, the cost of the
26test shall be returned to the person in the next deposit of
27benefits.
28(2) Advise each person to be tested, before the test
29is conducted, that the person may, but is not required to,
30advise the agent administering the test of any prescription or
31over-the-counter medication the person is taking.
32(3) Require each person to be tested to sign a written
33acknowledgment that the person has received and understood the
34notice and advice provided under this paragraph “a”.
35c. Assure that each person being tested has a reasonable
-2-1degree of dignity while producing and submitting a sample for
2drug testing, consistent with the department’s need to ensure
3the reliability of the sample.
4d. Adopt rules specifying circumstances under which a person
5with a confirmed positive test result has the right to retake
6the drug test.
7e. Inform a person who has a confirmed positive test result
8and is deemed ineligible for assistance that the person may
9not reapply for assistance until one year after the date of
10the confirmed positive test result unless the person meets the
11requirements of paragraph “g”.
12f. Provide any person with a confirmed positive test result
13with a list of licensed substance abuse treatment programs
14available in the area in which the person resides. Neither the
15department nor the state is responsible for providing or paying
16for substance abuse treatment as part of the drug testing
17conducted under this section.
18g. A person with a confirmed positive test result who is
19denied assistance under this chapter may reapply for assistance
20after three months if the person can provide a confirmed
21negative test result. The cost of any drug testing or
22substance abuse treatment provided under this subsection shall
23be the responsibility of the person being treated. A person
24with a confirmed positive test result shall be ineligible to
25receive assistance for one year after the date of a subsequent
26confirmed positive test result unless the person meets the
27requirements of paragraph “h”.
28h. A person with a subsequent confirmed positive test result
29who is denied assistance under this chapter may reapply for
30assistance after six months if the person can document the
31successful completion of a licensed substance abuse treatment
32program. A person who has met the requirements of this
33paragraph and who reapplies for assistance shall be required
34to take a subsequent drug test. Any drug test conducted while
35the person is undergoing substance abuse treatment must meet
-3-1the requirements for a drug test under subsection 2. The cost
2of any drug testing or substance abuse treatment provided under
3this subsection shall be the responsibility of the person
4being treated. If the person has a subsequent confirmed
5positive test result, the person shall be ineligible to receive
6assistance for one year after the date of the subsequent
7result.
85. a. If an applicant or participant parent is deemed
9ineligible for assistance as a result of having a confirmed
10positive test result from a drug test conducted under this
11section, the eligibility of the applicant’s or participant’s
12dependent child for assistance is not affected.
13b. An appropriate protective payee shall be designated
14to receive assistance on behalf of the dependent child. The
15parent may choose to designate a person as the protective
16payee. The person designated by the parent as the protective
17payee must be a specified relative or other immediate family
18member unless such family member is not available or the
19family member declines the designation, in which case another
20person, approved by the department, shall be designated as
21the protective payee. If the designated person is reasonably
22suspected of using drugs, has been reported as using drugs,
23or has been arrested within the preceding six months, the
24designated person must also undergo drug testing before being
25approved to be the protective payee. If the designated person
26has a confirmed positive test result, the designated person
27shall be ineligible to be the protective payee.
286. The department shall adopt rules to implement this
29section.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill creates a provision for drug testing of family
34investment program (FIP) applicants and participants who are
35suspected of drug use, or who have been arrested within the
-4-1preceding six months of the application for benefits. The
2bill defines “drug” as tetrahydrocannabinol, cocaine, opiates,
3phencyclidine, benzodiazepines, barbiturates, methamphetamine,
4and amphetamines. The bill directs the department of
5human services to develop a survey to screen applicants and
6participants for potential drug use. The bill requires the
7department to require a nine panel drug test for a person
8subject to drug testing under the bill, and requires that the
9person be advised that the person shall be tested for drug use
10and that the person has the option to not submit to the test
11if the person does not apply for benefits. The person being
12tested shall sign an acknowledgment stating they understand the
13testing and that they are required to pay for the test. The
14bill provides an applicant or participant shall also be subject
15to a background check.
16If the person tests positive for a drug, the person is
17ineligible to apply for FIP benefits for three months if the
18person can provide a confirmed negative test result. If the
19person tests positive for a drug a second time, the person is
20ineligible to receive benefits for a period of six months.
21However, after six months, the person may reapply if the person
22can document successful participation in a licensed substance
23abuse treatment program. Upon showing successful completion of
24a substance abuse treatment program, the person must submit to
25another drug test. If the test result is negative, the person
26may apply for benefits. If the person tests positive for a
27drug a third time, the person is ineligible to receive benefits
28for one year.
29The bill provides that if the parent or guardian of a child
30is suspected of drug use and required to submit a drug test
31that returns positive results, the child will remain eligible
32for benefits. The parent, guardian, or department may appoint
33a person who will receive the benefits on behalf of the child.
34If the parent or guardian appoints a person where there is
35reasonable suspicion of illegal drug use, that person will
-5-1be required to undergo the same testing that the parent or
2guardian underwent before the disbursements of funds can occur.
3The bill exempts persons who are under the age of 18 and adults
4eligible for Medicare based on the adult’s age from being drug
5tested.
-6-hb/rh