Bill Text: IA HF141 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act mandating drug testing of applicants for and certain recipients of assistance under the family investment program.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2015-02-03 - Subcommittee, Heaton, Abdul-Samad, and Wills. H.J. 249. [HF141 Detail]
Download: Iowa-2015-HF141-Introduced.html
House File 141 - Introduced HOUSE FILE BY WILLS, KLEIN, BAUDLER, WATTS, JONES, BRANHAGEN, HOLT, HEARTSILL, FISHER, SALMON, NUNN, and KOOIKER A BILL FOR 1 An Act mandating drug testing of applicants for and certain 2 recipients of assistance under the family investment 3 program. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2024YH (3) 86 rh/nh PAG LIN 1 1 Section 1. NEW SECTION. 239B.2D Drug testing for 1 2 applicants. 1 3 1. For the purposes of this section, unless the context 1 4 otherwise requires: 1 5 a. "Confirmed positive test result" means the results of 1 6 a urine, oral fluid, or blood test in which the level of 1 7 controlled substances or their metabolites in the sample 1 8 analyzed meets or exceeds nationally accepted standards for 1 9 determining detectable levels of controlled substances as 1 10 adopted by the federal substance abuse and mental health 1 11 services administration. If nationally accepted standards for 1 12 oral fluid tests have not been adopted by the federal substance 1 13 abuse and mental health services administration, the standards 1 14 for determining detectable levels of controlled substances for 1 15 purposes of determining a confirmed positive test result shall 1 16 be the same standard that has been established by the federal 1 17 food and drug administration for the measuring instrument used 1 18 to perform the oral fluid test. 1 19 b. "Licensed substance abuse treatment program" means an 1 20 inpatient or outpatient substance abuse treatment program 1 21 licensed by the department of public health under chapter 125. 1 22 c. "Sample" means a sample from the human body capable 1 23 of revealing the presence of controlled substances, or their 1 24 metabolites, which shall include only urine, saliva, or blood. 1 25 2. a. The drug testing requirements of this section apply 1 26 to the following applicants for and recipients of assistance 1 27 under this chapter: 1 28 (1) Each adult parent, guardian, or specified relative who 1 29 is included in the applicant family, including both parents of 1 30 a two=parent family, or an individual who may be exempt from 1 31 work activity requirements due to the age of the youngest child 1 32 or who may be exempt from work activity requirements under the 1 33 PROMISE JOBS program. 1 34 (2) A minor parent who is not required to live with a 1 35 parent, guardian, or other adult caretaker in accordance with 2 1 this chapter. 2 2 (3) A recipient of assistance who provided a written 2 3 acknowledgment of the drug testing requirements of this 2 4 section at the time of application for assistance and for whom 2 5 there is information indicating a significant likelihood the 2 6 recipient is using a controlled substance, as determined by the 2 7 department, shall be subject to random drug testing. 2 8 b. Dependent children under the age of eighteen years are 2 9 exempt from the drug testing requirements of this section. 2 10 c. The department shall require a drug test that is similar 2 11 to a drug test as a condition of employment under section 730.5 2 12 to screen the persons subject to this section for the presence 2 13 of controlled substances. The person is responsible for the 2 14 cost of the person's drug test. 2 15 3. a. A person who is subject to this section is ineligible 2 16 to receive assistance under this chapter if the person does not 2 17 participate in the required drug testing. 2 18 b. A person who is subject to this section is ineligible 2 19 to receive assistance under this chapter if the person has a 2 20 confirmed positive test result for the presence of either of 2 21 the following: 2 22 (1) A substance listed in schedule I under section 124.204. 2 23 (2) A substance listed in schedule II, III, or IV under 2 24 chapter 124 that was not prescribed for the person. 2 25 c. The period of ineligibility for an applicant or recipient 2 26 who is ineligible for assistance under paragraph "b" is one year 2 27 after the date of the confirmed positive test result. 2 28 4. The department shall do all of the following in 2 29 implementing this section: 2 30 a. (1) Provide notice of drug testing to each person who is 2 31 subject to this section at the time of application. The notice 2 32 must advise the person that drug testing will be conducted as a 2 33 condition for receiving assistance under this chapter and that 2 34 the person must bear the cost of testing. The applicant shall 2 35 be advised that the required drug testing may be avoided if the 3 1 applicant does not complete or withdraws the application for 3 2 assistance. 3 3 (2) Advise each person to be tested, before the test 3 4 is conducted, that the person may, but is not required to, 3 5 inform the agent administering the test of any prescription or 3 6 over=the=counter medication the person is taking. 3 7 (3) Require each person to be tested to sign a written 3 8 acknowledgment that the person has received and understood the 3 9 notice and advice provided under this paragraph "a". 3 10 b. Assure each person being tested a reasonable degree 3 11 of dignity while producing and submitting a sample for drug 3 12 testing, consistent with the department's need to ensure the 3 13 reliability of the sample. 3 14 c. Specify circumstances under which a person with a 3 15 confirmed positive test result has the right to take one or 3 16 more additional tests. 3 17 d. Inform a person who has a confirmed positive test result 3 18 and is deemed ineligible for assistance that the person may 3 19 not reapply for assistance until one year after the date of 3 20 the confirmed positive test result unless the person meets the 3 21 requirements of paragraph "f". If the person has a subsequent 3 22 confirmed positive test result, the person shall be ineligible 3 23 to receive assistance for three years after the date of the 3 24 subsequent result unless the person meets the requirements of 3 25 paragraph "f". 3 26 e. Provide any person with a confirmed positive test result 3 27 with a list of licensed substance abuse treatment programs 3 28 available in the area in which the person resides. Neither the 3 29 department nor the state is responsible for providing or paying 3 30 for substance abuse treatment as part of the drug testing 3 31 conducted under this section. 3 32 f. A person with a confirmed positive test result who is 3 33 denied assistance under this chapter may reapply for assistance 3 34 after six months if the person can document the successful 3 35 completion of a licensed substance abuse treatment program. 4 1 A person who has met the requirements of this paragraph and 4 2 reapplies for assistance must also pass the initial drug test 4 3 required under subsection 2. Any drug test conducted while the 4 4 person is undergoing substance abuse treatment must meet the 4 5 requirements for a drug test under subsection 2. The cost of 4 6 any drug testing or substance abuse treatment provided under 4 7 this subsection shall be the responsibility of the person being 4 8 tested or receiving treatment. A person with a confirmed 4 9 positive test result from the drug test required under 4 10 subsection 2 may reapply for assistance under this paragraph 4 11 only once. 4 12 5. If an applicant or recipient parent is deemed ineligible 4 13 for assistance as a result of having a confirmed positive test 4 14 result from a drug test conducted under this section, all of 4 15 the following apply: 4 16 a. The eligibility of the applicant's or recipient's 4 17 dependent child for assistance is not affected. 4 18 b. An appropriate protective payee shall be designated 4 19 to receive assistance on behalf of the dependent child. 4 20 The parent may choose to designate an individual as the 4 21 protective payee. The individual designated by the parent as 4 22 the protective payee must be a specified relative or other 4 23 immediate family member unless such family member is not 4 24 available or the family member declines the designation. In 4 25 which case another individual, approved by the department, 4 26 shall be designated as the protective payee. The individual 4 27 must also undergo drug testing before being approved to be 4 28 the protective payee. If the designated individual has a 4 29 confirmed positive test result, the designated individual shall 4 30 be ineligible to be the protective payee. 4 31 6. The department shall adopt rules to implement this 4 32 section. 4 33 EXPLANATION 4 34 The inclusion of this explanation does not constitute agreement with 4 35 the explanation's substance by the members of the general assembly. 5 1 This bill requires drug testing of applicants for and 5 2 certain recipients of assistance under the family investment 5 3 program (FIP) in new Code section 239B.2D. The program 5 4 provides cash assistance and employment=related services to 5 5 low=income families with children under the federal temporary 5 6 assistance for needy families (TANF) block grant. The 5 7 department of human services administers the program and block 5 8 grant for this state. 5 9 The bill utilizes the following terms that are defined in 5 10 Code section 239B.1: 5 11 "Applicant" means a person who files an application for 5 12 participation in FIP under Code chapter 239B. 5 13 "Assistance" means a FIP payment. 5 14 "Family" means a family unit that includes at least one 5 15 child and at least one parent or other specified relative of 5 16 the child. 5 17 "Minor parent" means an applicant or participant parent who 5 18 is less than 18 years of age and has never been married. 5 19 "PROMISE JOBS program" or "JOBS program" means the promoting 5 20 independence and self=sufficiency through employment job 5 21 opportunities and basic skills program, a part of FIP. 5 22 "Specified relative" means a person who is, or was at any 5 23 time, a relative of an applicant or participant child, by means 5 24 of blood relationship, marriage, or adoption, or is a spouse of 5 25 a relative listed in the definition. 5 26 The bill defines "confirmed positive test result", "licensed 5 27 substance abuse treatment program", and "sample". 5 28 The drug testing requirement applies to each applicant for 5 29 FIP assistance who is an adult parent, guardian, or specified 5 30 relative who is included in the applicant family, including 5 31 both parents of a two=parent family, or an individual who may 5 32 be exempt from work activity requirements due to the age of the 5 33 youngest child or who may be exempt from work activity under 5 34 the PROMISE JOBS program. The requirement also applies to 5 35 each minor parent applicant who is not required to live with 6 1 a parent, guardian, or other adult caretaker. In addition, 6 2 a recipient of assistance who accepted the drug testing 6 3 requirements at the time of application and for whom there is 6 4 information indicating a significant likelihood the recipient 6 5 is using a controlled substance is subject to random drug 6 6 testing. Dependent children under the age of 18 years are 6 7 exempt from the drug testing requirements. The department is 6 8 directed to require a drug test of each person who is subject 6 9 to the requirements to screen for the presence of controlled 6 10 substances. The person is responsible for the cost of the drug 6 11 test. 6 12 A person subject to the requirement who does not participate 6 13 in the required drug testing is ineligible for cash assistance 6 14 through FIP. A person who has a confirmed positive test result 6 15 is ineligible for one year unless the test result was for a 6 16 controlled substance for which the person has a prescription. 6 17 The department is required to do all of the following 6 18 in administering the drug testing requirement: implement 6 19 notification provisions; allow for additional testing following 6 20 a confirmed positive test result; apply a three=year period 6 21 of ineligibility if a person reapplies but has a subsequent 6 22 confirmed positive test result; provide a listing of licensed 6 23 substance abuse treatment programs available in the area of a 6 24 person's residence if the person has a confirmed positive test 6 25 result; and allow for a person who has a confirmed positive 6 26 test result to reapply one time after six months if the person 6 27 provides documentation of completing a licensed substance abuse 6 28 treatment program within six months of the confirmed positive 6 29 test result and passes another drug test. 6 30 If a parent is deemed ineligible for assistance as a result 6 31 of having a confirmed positive test result, the dependent child 6 32 remains eligible for assistance and a protective payee may be 6 33 designated by the parent to receive the assistance on behalf of 6 34 the child. If a specified relative or other immediate family 6 35 member declines to be designated, the department must designate 7 1 the protective payee. The protective payee is then subject 7 2 to drug testing before being approved to receive assistance 7 3 on behalf of the child. A protective payee with a confirmed 7 4 positive test result is ineligible to receive assistance on 7 5 behalf of the child. 7 6 The department is required to adopt rules to implement the 7 7 new requirements. LSB 2024YH (3) 86 rh/nh
