PRINTER'S NO. 408
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
431
Session of
2021
INTRODUCED BY DeLUCA, KINSEY, BURGOS AND GALLOWAY,
FEBRUARY 8, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 8, 2021
AN ACT
Providing for the termination of law enforcement officers upon
testing positive for a controlled substance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Law
Enforcement Officer Drug Screening Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Controlled substance." A drug, substance or immediate
precursor specified in schedules I, II, III, IV and V of section
4 of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act.
"Drug." Any of the following:
(1) A substance recognized in the official United States
Pharmacopoeia, or official National Formulary, or any
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supplement to either of them.
(2) A substance intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man or
other animals.
(3) A substance, other than food, intended to affect the
structure or any function of the human body or other animal
body.
(4) A substance intended for use as a component of any
article specified in paragraph (1), (2) or (3), but not
including devices or their components, parts or accessories.
"Immediate precursor." A substance which the Secretary of
Health has found to be, and by regulation designates as being, a
principal compound commonly used or produced primarily for use,
and which is an immediate chemical intermediary used or likely
to be used, in the manufacture of a controlled substance.
"Law enforcement officer." An individual required to be
trained under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal
police education and training), a Pennsylvania State Police
officer, a probation officer, a prison guard, a parole officer
or an individual who has arrest powers in this Commonwealth.
Section 3. Effect of positive test.
A law enforcement officer who tests positive for a controlled
substance shall be terminated from employment as a law
enforcement officer in this Commonwealth.
Section 4. Effective date.
This act shall take effect in 60 days.
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