Citations Affected: IC 12-7; IC 12-14.
Synopsis: Drug testing of recipients of assistance. Requires the office
of the secretary of family and social services (office) to administer a
drug testing program (program) for individuals who are receiving
TANF assistance or receiving TANF assistance on behalf of a child.
Establishes requirements for the program and ineligibility penalties.
Requires the office to collect data to assess and avoid discrimination in
the program.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Family, Children and
Human Affairs.
February 14, 2013, amended, reported _ Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 19, 2013, reported _ Do Pass.
February 21, 2013, read second time, amended, ordered engrossed.
February 22, 2013, engrossed.
February 25, 2013, read third time, passed. Yeas 78, nays 17.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
individual's body; or
(2) tests positive for the use of a controlled substance in the
individual's body but has:
(A) a valid prescription; or
(B) an order of a practitioner acting in the course of the
practitioner's professional practice;
for the controlled substance.
based on the results of the test described in subdivision (1).
(3) The individual may be subject to drug testing if the county
office believes, based on reasonable suspicion as set forth in
section 5 of this chapter, that the individual is engaged in the
illegal use of a controlled substance.
(4) If the individual tests positive on a drug test administered
under this chapter, the individual or the child on whose behalf
the individual receives TANF assistance may be ineligible for
TANF assistance.
(5) If the individual tests positive on a drug test administered
under this chapter, the amount of the cost of the drug test will
be withheld from any future TANF assistance the individual
receives if the individual continues to receive TANF
assistance.
(6) If the individual tests positive on a drug test administered
under this chapter, the amount of the cost of any subsequent
drug test the individual is required to undergo will be
withheld from the TANF assistance the individual receives, if
the individual continues to receive TANF assistance,
regardless of whether the individual tests positive or tests
negative on the subsequent drug test.
Sec. 5. (a) A county office is considered to have reasonable
suspicion to believe that an individual is engaged in the illegal use
of a controlled substance if one (1) or more of the following apply:
(1) The individual has been charged with an offense under
IC 35-48 (controlled substances).
(2) The results of the substance abuse subtle screening
inventory test indicate that the individual is a risk for the
illegal use of a controlled substance.
(3) The individual has previously failed a drug test
administered under this chapter.
(b) If a county office has knowledge that an individual has been
formally charged with an offense described in subsection (a)(1), the
county office shall administer a drug test to the individual.
(c) If a county office has reasonable suspicion to believe from
the results of a substance abuse subtle screening inventory test that
an individual is engaged in the illegal use of a controlled substance,
the individual shall be placed in a pool of individuals who are
subject to drug testing described in section 6 of this chapter.
(d) If a county office has reasonable suspicion to believe that an
individual is engaged in the illegal use of a controlled substance as
the result of failing a drug test administered under this chapter, the
individual shall be placed in a pool of individuals who are subject
to random drug testing as described in section 7 of this chapter.
Sec. 6. The office of the secretary shall administer a drug test to
at least fifty percent (50%) of the pool of individuals described in
section 5(c) of this chapter. An individual may not be tested more
than once under this section.
Sec. 7. The office of the secretary shall administer random drug
tests to fifty percent (50%) of the pool of individuals described in
section 5(d) of this chapter each month.
Sec. 8. A county office shall provide a list of drug abuse
treatment programs to any individual who tests positive under this
chapter.
Sec. 9. (a) An individual who tests positive under this chapter
and provides evidence that the individual is participating in a drug
abuse treatment program shall continue to receive TANF
assistance. However, the office of the secretary shall administer a
drug test to the individual regularly at intervals of at least twenty
(20) days and not more than thirty (30) days until the individual
tests negative in two (2) consecutive drug tests.
(b) If an individual does not test negative in two (2) consecutive
drug tests as described in subsection (a) not later than four (4)
months after the date the office of the secretary begins testing the
individual regularly under subsection (a):
(1) the individual; or
(2) any child on whose behalf the individual receives TANF
assistance;
is ineligible to receive TANF assistance for three (3) months from
the date the office of the secretary determines that the individual
is unable to test negative on two (2) consecutive drug tests as
described in subsection (a).
(c) If an individual:
(1) tests positive under this chapter; and
(2) fails to provide, not later than thirty (30) days after the
date the individual tests positive, evidence that the individual
is participating in or on a waiting list to participate in a drug
abuse treatment program;
the individual or any child on whose behalf the individual receives
TANF assistance is ineligible to receive TANF assistance for three
(3) months after the thirty (30) day period described in subdivision
(2).
(d) An individual who is ineligible under subsection (b) or (c)
may reapply for TANF assistance after the applicable three (3)
month ineligibility period. Upon reapplying, the individual must
test negative on a drug test before the individual may receive
TANF assistance.
(e) If an individual described in subsection (d) tests positive on
the drug test administered for the TANF reapplication process, the
following apply:
(1) The individual is permanently ineligible to receive TANF
assistance for the individual.
(2) A child on whose behalf the individual receives TANF
assistance is ineligible for TANF assistance for as long as the
child resides with the individual.
Sec. 10. (a) An individual who:
(1) reapplies for TANF assistance under section 9(d) of this
chapter; and
(2) is eligible to receive TANF assistance;
is subject to random drug testing as described in subsection (b) for
as long as the individual receives TANF assistance.
(b) The office of the secretary shall administer random drug
tests to fifty percent (50%) of the pool of individuals described in
subsection (a) each month.
(c) Section 9 of this chapter applies to an individual described
in subsection (a) who tests positive on a subsequent drug test
administered in accordance with this section.
Sec. 11. (a) If an individual:
(1) is ineligible to receive TANF assistance under this chapter;
(2) was not a parent or guardian of a child at the time the
individual became ineligible to receive TANF assistance as
described in subdivision (1);
(3) becomes a parent or guardian of a child after the
individual becomes ineligible to receive TANF assistance as
described in subdivision (1); and
(4) tests negative on a drug test administered by the office of
the secretary;
the child is eligible for TANF assistance under this chapter if the
child meets all the other eligibility requirements to receive TANF
assistance.
(b) An individual described in subsection (a) is subject to
random drug testing as described in section 10(b) of this chapter
for as long as the individual receives TANF assistance on behalf of
the child.
(c) If an individual described under subsection (a) tests positive
on a drug test administered by the office of the secretary, the child
on whose behalf the individual receives TANF assistance is
ineligible to receive TANF assistance for as long as the child resides
with the individual.
Sec. 12. If an individual refuses to take a substance abuse subtle
screening inventory test or drug test under this chapter, the
following apply:
(1) The individual is ineligible to receive TANF assistance.
(2) A child on whose behalf the individual receives TANF
assistance is ineligible for TANF assistance for as long as the
child resides with the individual.
Sec. 13. (a) Except as provided in subsections (b) and (c), the
office of the secretary shall pay the costs of a drug test
administered under this chapter.
(b) If an individual tests positive on a drug test administered
under this chapter, the office of the secretary shall withhold the
amount of the cost of the drug test from the next payment of TANF
assistance the individual receives if the individual receives TANF
assistance.
(c) If an individual tests positive on a drug test administered
under this chapter, the office of the secretary shall withhold the
amount of the cost of any subsequent drug tests that the individual
is required to undergo from the next payment of TANF assistance
the individual receives if that individual receives TANF assistance.
Sec. 14. (a) This chapter is subject to administrative hearing
procedures under IC 4-21.5.
(b) The program under this chapter must include an appeals
process for individuals.
Sec. 15. A drug test administered under the program must be
performed by a:
(1) SAMHSA (as defined in IC 22-10-15-3) clinical laboratory;
or
(2) clinical laboratory holding a federal Clinical Laboratory
Improvement Act (CLIA) certificate or a CLIA certificate of
accreditation.
Sec. 16. The office of the secretary shall notify the department
of child services regarding a child who is ineligible for TANF
assistance under this chapter.
Sec. 17. The office of the secretary's records concerning the
results of a drug test under this article may not be admitted against
a defendant in a criminal proceeding.
Sec. 18. The office of the secretary shall collect data to assess
and ensure that there is no discrimination based on race, ethnicity,
or sex regarding the pool of individuals who are drug tested under
the program established under this chapter.
Sec. 19. The office of the secretary may adopt rules under
IC 4-22-2 necessary to implement this article.