Bill Text: IA SF147 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act requiring drug testing for individuals applying for or receiving state assistance.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [SF147 Detail]
Download: Iowa-2013-SF147-Introduced.html
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
