Bill Text: IA SSB1237 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act requiring drug testing of applicants for and certain recipients of assistance under the family investment program.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-05 - Subcommittee: Schultz, Whiting, and Dotzler. [SSB1237 Detail]
Download: Iowa-2019-SSB1237-Introduced.html
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
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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
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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
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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
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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
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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
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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.
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