Monday, February 14, 2011

Drug screening for applicants for state-provided assistance

Introduced HB 1083 is requiring drug screening for applicants for state-provided assistance.

Upon application for any state-provided assistance, applicants, including spouses and any dependants, shall submit to a urine screening for the use of illicit drugs, to be performed by the state agency administering the state-provided assistance.  The agency performing the drug screening shall pay for each test but shall deduct the cost of the drug screening from the first payment to applicants whose screening does not indicate substance abuse. 
If the applicant fails to provide a sample while receiving benefits, the benefits shall cease and applicant shall be ineligible to receive benefits for one (1) year from the date of the failure. Each recipient of state-provided benefits shall be required to submit to a urine drug screening every one hundred eighty (180) days.  Each recipient shall have a grace period of fourteen (14) days beyond the one hundred eighty (180) days within which to comply with the requirements of this section.  Any recipient failing to comply with the provisions of this subsection shall be ineligible for further benefits until the recipient complies. Any urine specimen testing positive for an illicit substance shall result in the ineligibility of the applicant or recipient for all state services and shall include all family members, including parents, siblings, or dependents residing within the household. 
This states that everyone in the household will be tested. It also states that is anyone under the age of 12 fails the parents or guardians will be reported to DHS. However, no individual shall be subject to criminal prosecution for failing to provide a urine specimen free from illicit substances.  In other words, if a person 12 or older fails the test you will not be prosecuted.

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