Bill Title: To establish a drug testing requirement for adults who apply for need-based programs that provide cash assistance, medical assistance, housing assistance, food assistance, or energy assistance.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2009-09-30 - To Finance & Financial Institutions
[SB178 Detail]Download: Ohio-2009-SB178-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
Cosponsor:
Senator Grendell
A BILL
| To enact section 9.71 of the Revised Code to | 1 |
|
establish a drug testing requirement for adults | 2 |
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who apply for need-based programs that provide | 3 |
|
cash
assistance, medical assistance, housing | 4 |
|
assistance, food assistance, or energy assistance. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 9.71 of the Revised Code be enacted | 6 |
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to read as follows: | 7 |
| Sec. 9.71. (A) As used in this section: | 8 |
| (1)(a) Except as provided in division (A)(1)(b) of this | 9 |
|
section, "controlled substance problem" means that an individual | 10 |
|
is determined by a chemical test to have a concentration of any of | 11 |
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the controlled substances specified in division (A)(1)(j) of | 12 |
|
section 4511.19 of the Revised Code, or metabolites of such a | 13 |
|
controlled substance, in the individual's urine that equals or | 14 |
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exceeds any of the applicable levels established in that division | 15 |
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for urine. | 16 |
| (b) An individual shall not be determined to have a | 17 |
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controlled substance problem if the individual obtained the | 18 |
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controlled substance pursuant to a prescription issued by a | 19 |
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licensed health professional authorized to prescribe drugs and the | 20 |
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individual injected, ingested, or inhaled the controlled substance | 21 |
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in accordance with the health professional's directions. | 22 |
| (2) "Licensed health professional authorized to prescribe | 23 |
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drugs" and "prescription" have the same meanings as in section | 24 |
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4729.01 of the Revised Code. | 25 |
| (B) Notwithstanding any other section of the Revised Code and | 26 |
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subject to divisions (C) and (D) of this section, a state agency | 27 |
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operating a need-based program that provides cash assistance, | 28 |
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medical
assistance, housing assistance, food assistance, or | 29 |
|
energy
assistance shall require each individual eighteen years of | 30 |
|
age or
older who applies for the program to undergo, as a | 31 |
|
condition of
eligibility for the program, a urine drug test to | 32 |
|
determine
whether the individual has a controlled substance | 33 |
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problem. An
individual eighteen years of age or older who refuses | 34 |
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to undergo a
urine drug test or is determined by a urine drug | 35 |
|
test to have a
controlled substance problem is ineligible for the | 36 |
|
program for
which the individual applied and may not reapply | 37 |
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sooner than
thirty days after the date of the refusal or | 38 |
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determination. | 39 |
| (C) Division (B) of this section shall not apply to any | 40 |
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need-based
program funded in whole or in part with federal funds | 41 |
|
unless the
federal agency responsible for the program's | 42 |
|
administration
approves the application of division (B) of this | 43 |
|
section to the
program. A state agency operating a need-based | 44 |
|
program that provides cash
assistance, medical assistance, | 45 |
|
housing assistance, food
assistance, or energy assistance that is | 46 |
|
funded in whole or in
part
with federal funds shall seek federal | 47 |
|
approval to make
division
(B) of this section apply to the | 48 |
|
program. | 49 |
| (D) This section does not apply to unemployment compensation | 50 |
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benefits paid pursuant to Chapter 4141. of the Revised Code. | 51 |
