THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WOZNIAK, M. WHITE, RAFFERTY, ORIE, WAUGH, FOLMER, ALLOWAY, VOGEL, EARLL, D. WHITE, BOSCOLA, WARD AND KASUNIC, MAY 1, 2009

REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 1, 2009  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," providing for the

screening for illegal drug use by certain applicants for

assistance.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 13, 1967 (P.L.31, No.21), known

as the Public Welfare Code, is amended by adding a section to

read:

Section 432.23.  Screening for Illegal Drug Use.--(a)  The

department shall develop and implement a drug test and drug

retest program approved by the Department of Health to screen

applicants for and recipients of cash assistance benefits. Each

applicant or recipient over eighteen years of age but under

sixty-five years of age must meet the requirements of this

section as a condition for receiving cash assistance benefits.

(b)  Under the screening for the drug test and retest program

the department shall:

(1)  Require that recipients already receiving cash

assistance benefits as of the effective date of this section be

scheduled to be tested at the time their request for assistance

is reviewed.

(2)  Develop and implement a system for randomly testing no

less than 5% of the individuals receiving cash assistance

benefits during each six-month period following the effective

date of this section who are subject to testing for the presence

of illegal drugs under this section.

(3)  Provide advance notice or a reasonable opportunity for

advance notice to each applicant for or recipient of cash

assistance benefits of screening pursuant to this section

advising that:

(i)  a drug testing requirement is a condition for the

receipt of cash assistance benefits; and

(ii)  the required testing may be avoided by not applying for

or receiving cash assistance benefits.

The department may require each applicant and recipient to sign

a written acknowledgment that the applicant or recipient has

received and understands the notice and advice.

(4)  Deny cash assistance benefits to any individual who

refuses to take the drug test or drug retest required by this

section and shall terminate the cash assistance benefits of any

recipient who refuses to submit to the random drug test required

by this section.

(c)  Any individual who is denied cash assistance benefits or

whose cash assistance benefits are terminated because the

individual failed to pass a drug retest after failing to pass a

drug test shall be ineligible for cash assistance benefits for a

twelve-month period beginning with the date of the denial or

termination, unless a lesser period is mandated under Federal

law.

(d)  (1)  No applicant who fails the drug test may be

entitled to cash assistance benefits until the applicant passes

a drug retest, regardless of whether the applicant appeals the

test results.

(2)  A recipient of cash assistance benefits may continue to

receive cash assistance benefits for a period of not more than

sixty days after failing a drug test if the recipient files a

departmental appeal of the results of the drug test within

fifteen days following the administration of the test. The

department shall decide the appeal within this sixty-day period.

(3)  The drug test required by this subsection shall be

administered by the department within sixty days after the final

failure to pass the drug test required under this section.

(4)  If a recipient fails a drug test, the recipient shall be

deemed an applicant for purposes of any drug retest provided for

under this section.

(e)  Testing under this section shall be limited solely to

the detection of the use of illegal drugs and shall not be

conducted or used for any other purpose. The department shall

not develop or implement any procedure designed to advise law

enforcement authorities as to whether an applicant or recipient

has failed a screening test under this section.

(f)  The following words and phrases, when used in this

section, shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Cash assistance benefits" means cash benefits authorized

under the Federal temporary assistance to needy families

program, authorized as general assistance as provided for in

section 432(3) or benefits authorized under a medical assistance

program of the Commonwealth.

"Drug" or "illegal drug" means a controlled substance as

defined in section 2 of the act of April 14, 1972 (P.L.233,

No.64), known as "The Controlled Substance, Drug, Device and

Cosmetic Act."

"Drug test" or "drug retest" means a test that involves the

collection of a urine sample for the purpose of determining the

presence of drugs.

"Drug treatment program" means a public, nonprofit or other

nonpublic program for the assessment, treatment and

rehabilitation of persons who use illegal drugs which shall not

exceed thirty days for purposes of this section.

"Drug use" or "illegal drug use" means the use of drugs in

violation of the act of April 14, 1972 (P.L.233, No.64), known

as "The Controlled Substance, Drug, Device and Cosmetic Act," or

any other law.

Section 2.  This act shall take effect in 60 days.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows: