Bill Text: NJ S1337 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides for drug testing of licensees of community care residences and adult household members.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-06 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S1337 Detail]
Download: New_Jersey-2012-S1337-Introduced.html
Sponsored by:
Senator JENNIFER BECK
District 11 (Monmouth)
SYNOPSIS
Provides for drug testing of licensee of community care residences and adult household members.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning drug testing in community care residences and supplementing chapter 6D of Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Commissioner" means the Commissioner of Human Services.
"Community care residence" or "residence" means a private home or apartment in which an adult person or family is licensed by and contracts with the department to provide an individual with a developmental disability with care or training, or both.
"Department" means the Department of Human Services.
"Developmental disability" means developmental disability as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
"Licensee" means one or more persons 18 years of age or older who are named on the license issued by the department to operate a community care residence and have overall responsibility for an individual with a developmental disability.
"Negative licensing action" means an action taken which imposes a restriction on a licensee and may include suspension of admissions, issuance of a provisional license, reduction in the licensed capacity, non-renewal of license, suspension of the license, or revocation of the license.
2. a. As a condition of securing a license to operate a community care residence, an applicant for licensure and all members of the applicant's household who are 18 years of age or older shall consent to and undergo drug testing for controlled dangerous substances as provided in subsection g. of this section. The drug testing shall be at the expense of the applicant.
On or after the effective date of this act, if a person applying for a license to operate a community care residence or a member of the person's household who is 18 years of age or older tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to drug testing, the person shall be removed from consideration for the license.
b. A person who is licensed to operate a community care residence and a member of the person's household who is 18 years of age or older shall be subject to random drug testing for controlled dangerous substances performed at such intervals as the Commissioner of Human Services deems appropriate.
c. A person who is licensed to operate a community care residence and a member of the person's household who is 18 years of age or older may be required to undergo drug testing for controlled dangerous substances if the case manager of the individual with a developmental disability residing in the community care residence, the case manager's supervisor, or other person authorized by the department to visit or inspect the community care residence, as appropriate, has reasonable suspicion to believe that the licensee or the member of the licensee's household who is 18 years of age or older is illegally using a controlled dangerous substance, based on the licensee's or household member's visible impairment or misconduct which relates adversely to the care or safety of an individual with a developmental disability residing in the community care residence.
The case manager, the case manager's supervisor, or other person authorized by the department to visit or inspect the community care residence, as appropriate, shall report this information to his immediate supervisor in a form and manner specified by the commissioner, and if the immediate supervisor concurs that there is reasonable suspicion to believe that a licensee or member of the licensee's household who is 18 years of age or older is illegally using a controlled dangerous substance, that supervisor shall notify the commissioner or the commissioner's designee, and shall request approval in writing for ordering the licensee or household member to undergo drug testing. Drug testing of a licensee or household member shall not be ordered without the written approval of the commissioner or the commissioner's designee.
d. (1) A licensee who tests positive for the unlawful use of any controlled dangerous substance may be subject to negative licensing action as provided for in this section. A licensee who refuses to submit to drug testing shall lose his license.
(2) If a member of the licensee's household who is 18 years of age or older tests positive for the unlawful use of any controlled dangerous substance, the licensee of the community care residence may be subject to negative licensing action as provided for in this section. If the household member refuses to submit to drug testing, the licensee shall lose his license.
e. Before taking negative licensing action the department shall give notice to a licensee personally or by mail to the last known address of the licensee with return receipt requested. The notice shall afford the licensee the opportunity to be heard and to contest the department's action. The hearing shall be conducted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
f. The drug testing required pursuant to subsections b. and c. of this section shall be at the expense of the department.
g. Drug testing shall be performed by an outside drug testing facility in a manner prescribed by the commissioner.
h. The commissioner shall notify all licensees of the provisions of this act.
3. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations necessary to effectuate the purposes of this act, including, but not limited to, those rules and regulations necessary to ensure the confidentiality of the person undergoing drug testing, and that drug test results are not reported to law enforcement authorities.
4. This act shall take effect on the 90th day after the date of enactment, but the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill provides for random and for cause drug testing of licensees of community care residences and members of their household who are 18 years of age or older. The bill also requires a person applying for a license to operate a community care residence and a member of the person's household who is 18 years of age or older to undergo drug testing as a condition of securing the license. "Community care residence" is defined in the bill as a private home or apartment in which an adult person or family is licensed by and contracts with the Department of Human Services (DHS) to provide an individual with a developmental disability with care or training, or both.
Specifically the bill provides as follows:
· As a condition of securing a license to operate a community care residence, an applicant shall consent to and undergo drug testing for controlled dangerous substances. Additionally, if a member of the applicant's household is 18 years of age or older, that person also must consent to and undergo drug testing. The testing of the applicant and household member would be at the expense of the applicant, and would be performed by an outside drug testing facility in a manner prescribed by the Commissioner of Human Services. If the applicant or household member tests positive for the unlawful use of any controlled dangerous substance, or refuses to submit to the drug testing, the applicant would be removed from consideration for the license.
· A person who is licensed to operate a community care residence and a household member who is 18 years of age or older shall be subject to random drug testing for controlled dangerous substances performed at such intervals as the commissioner deems appropriate.
· A person who is licensed to operate a community care residence and a household member who is 18 years of age or older may be required to undergo drug testing if the case manager of the individual with a developmental disability, the case manager's supervisor, or other person authorized by DHS to visit or inspect the community care residence has reasonable suspicion to believe that the licensee or household member 18 years of age or older is illegally using a controlled dangerous substance, based on the licensee's or household member's visible impairment or misconduct which relates adversely to the care or safety of an individual with a developmental disability residing in the community care residence. The bill requires this information to be reported to an immediate supervisor in a form and manner specified by the commissioner and if the supervisor concurs that there is reasonable suspicion to believe that the licensee or household member is illegally using a controlled dangerous substance, that supervisor shall notify the commissioner or the commissioner's designee, and shall request approval in writing for ordering the licensee or household member to undergo drug testing. The drug testing shall not be ordered without the written approval of the commissioner or the commissioner's designee.
· If a licensee or household member 18 years of age or older tests positive for the unlawful use of any controlled dangerous substance, the licensee may be subject to negative licensing action as provided for in the bill. The bill specifies that before taking negative licensing action, DHS shall give notice to the licensee which shall afford the licensee the opportunity to be heard and contest the action by DHS. The hearing would be conducted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). "Negative licensing action" is defined in the bill as an action taken which imposes a restriction on a licensee and may include suspension of admissions, issuance of a provisional license, reduction in the licensed capacity, non-renewal of license, suspension of the license, or revocation of the license.
· The random and for cause drug testing shall be at the expense of DHS and shall be performed by an outside drug testing facility in a manner prescribed by the commissioner.
This legislation is intended to protect individuals with developmental disabilities from being cared for by persons under the influence of illegal drugs.
