Regular Session 2017-2018 House Bill 1920 P.N. 2710

PRINTER'S NO. 2710

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1920

Session of

2017

INTRODUCED BY SAYLOR, BAKER, BARRAR, COX, DUNBAR, GILLEN,

GILLESPIE, KAUFFMAN, KEEFER, MARSICO, MILLARD, M. QUINN,

RYAN, TOOHIL, WARNER AND WHEELAND, NOVEMBER 15, 2017

REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 15, 2017

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," in general powers and

duties of the Department of Public Welfare, providing for the

testing of applicants for illegal drug use.

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 Human Services Code, is amended by adding a section to

read:

Section 216. Testing Applicants for Illegal Drug Use.-- (a)

The department shall establish and administer a program to

screen an individual applying for or renewing benefits at a

county assistance office for drug use if an employe has

reasonable cause to believe the individual is under the

influence of a controlled substance.

(b) The program under subsection (a) shall consist of at

least the following:

(1) A written questionnaire designed to determine the

likelihood of an applicant having a controlled substance abuse

disorder.

(2) Disclosure at the time of application or renewal that,

upon reasonable suspicion by an employe at the county assistance

office that the individual is under the influence of a

controlled substance, the individual may be asked to submit to a

drug test.

(3) Mandatory training for each employe of the county

assistance office who assists, counsels or advises an individual

applying for benefits on the signs, symptoms and characteristics

of the use of a controlled substance.

(4) A policy for obtaining an immediate drug test from an

individual if there is reasonable cause to suspect the

individual is currently under the influence of a controlled

substance.

(1) To the extent not prohibited by Federal law, the

department shall administer a drug test on individuals

determined likely to have a substance abuse disorder based on

the individual's responses on the questionnaire under subsection

(b)(1) or individuals who have been identified by a county

assistance office employe as being under the influence of a

controlled substance.

(2) The results of the drug test under paragraph (1) shall

not be disseminated beyond the department and the Department of

Corrections to the extent the individual is required to be

tested for drug use as part of a parole agreement.

(d) The department may contract with a nonprofit

association, corporation or government agency or combination

thereof to administer drug tests on those individuals identified

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under subsection (b)(1) and (4).

(e) An individual who tests positive for a controlled

substance shall be subject to the following:

(1) (i) For the first positive drug test, an individual

shall be provided an assessment for addiction and an assessment

for treatment for addiction as indicated by treatment criteria

developed by the Department of Drug and Alcohol Programs. An

assessment shall be conducted by the single county authority on

drugs and alcohol or a designee.

(ii) The recommended treatment shall be provided by

facilities licensed by the Division of Drug and Alcohol Program

Licensure in the Department of Drug and Alcohol Programs.

(iii) Medicaid eligibility and determinations shall be

expedited to ensure access to assessment and addiction treatment

through Medicaid. If the individual cooperates with the

assessment and treatment, no penalty shall be imposed.

(iv) If the individual refuses to cooperate with the

assessment and treatment, public assistance provided to the

individual shall be suspended for six months.

(v) The department must notify the individual of the

positive drug test no later than seven days after receipt of the

drug test results and that the suspension in public assistance,

if the individual is receiving any, will begin on the next

scheduled distribution of public assistance.

(vi) After suspension, an individual may reapply for public

assistance after submitting to a retest.

(2) (i) For a second positive drug test or positive drug

retest after prior suspension, the public assistance to which

the individual is otherwise entitled, if any, shall be suspended

for twelve months.

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(ii) The department must notify the individual of the

positive drug test no later than seven days after receipt of the

drug test results and that the suspension in public assistance,

if the individual is receiving any, shall begin on the next

scheduled distribution of public assistance.

(iii) After suspension, an individual may reapply for public

assistance after submitting to a retest.

(3) For a third positive drug test or second positive drug

retest after prior suspension, the individual may no longer

apply for or receive public assistance.

(f) A refusal to submit to a drug test after identification

of a reasonable suspicion of controlled substance use by the

county assistance employe or refusal to submit to a retest after

prior suspension shall be treated as a positive drug test and

subject to the penalties in subsection (e).

(g) As used in this section, the term "controlled substance"

shall mean any substance designated as such under the act of

April 14, 1972 (P.L.233, No.64), known as The Controlled

Substance, Drug, Device and Cosmetic Act.

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

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