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PRINTER'S NO. 734
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
730
Session of
2015
INTRODUCED BY WOZNIAK, ALLOWAY, VOGEL, ARGALL, MENSCH, BAKER,
RAFFERTY, HUTCHINSON, FOLMER, YAW, AUMENT, WARD, VULAKOVICH
AND BOSCOLA, APRIL 14, 2015
REFERRED TO PUBLIC HEALTH AND WELFARE, APRIL 14, 2015
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 public assistance,
providing for 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:
Sectio n 432.25. 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:
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(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 five percent 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 the screening required under 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 terminate the cash assistance benefits of any
recipient who refuses to submit to the random drug test required
by this section.
(c) An 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
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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
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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 a "controlled substance" as defined in section 2 of
the act of the act of April 14, 1972 (P.L.233, No.64) , known as
"The Controlled Substance, Drug, Device and Cosmetic Act."
" Drug treatment program " means a public, nonprofit or other
nonpublic program for the assessment, treatment and
rehabilitation of persons who use illegal drugs that shall not
exceed thirty days for purposes of this section.
" Drug use " or " illegal drug use " means the use of a
"controlled substance" 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.
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