HLS 10RS-193 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 611
BY REPRESENTATIVE LABRUZZO
WELFARE: Requires all recipients of cash assistance to be drug tested prior to receiving
benefits
AN ACT1
To amend and reenact R.S. 46:460.10(A), (B), and (E) and to enact R.S. 46:460.10(F),2
relative to drug testing of adult recipients of public assistance; to expand drug testing3
to all recipients of cash assistance; to establish a cost savings program for drug4
testing; to provide for an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 46:460.20(A), (B), and (E) are hereby amended and reenacted and7
R.S. 46:460.10(F) is hereby enacted to read as follows: 8
ยง460.10. Drug testing for certain adult recipients of public assistance; legislative9
policy; procedures; cost savings program10
A. The legislature hereby reaffirms the legitimate government function of11
promoting the safety and welfare of children and adults. The legislature declares that12
the best interests of a significant portion of the state's population are served by13
ensuring that they are free of the physical and mental impairments associated with14
drug dependence. The legislature also affirms the importance of ensuring that15
Louisiana's citizens are ready to work, and in order for Louisiana's citizens to be16
work-ready, they must be free of drug dependence. The legislature further reaffirms17
its compelling interest in providing safeguards to eliminate the misappropriation of18
entitlement benefits. The legislature hereby directs the secretary of the Department19
of Social Services in consultation with the secretary of the Department of Health and20 HLS 10RS-193 ORIGINAL
HB NO. 611
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Hospitals and the commissioner of administration to establish a mandatory drug1
testing program for certain all adults in the Family Independence Temporary2
Assistance Program and certain adults in the Temporary Assistance for Needy3
Families Block Grant Program.4
B. The secretary of the Department of Social Services shall cause to be5
instituted a mandatory drug testing program for certain all adult participants, to be6
determined by the secretary in consultation with the secretary of the Department of7
Health and Hospitals and the commissioner of administration, in the Family8
Independence Temporary Assistance Program and certain adults in the Temporary9
Assistance for Needy Families Block Grant Program. No participant shall be tested10
if such testing is prohibited by federal law. No sanction shall be imposed on an adult11
participant if such sanction is prohibited by federal law. Such testing program shall12
provide procedural safeguards to ensure the protection of the constitutional rights of13
the program participants and provide that testing shall be done by state certified14
laboratories.15
* * *16
E. The secretary of the Department of Social Services shall enter into an17
agreement with a private contractor for the full implementation of the provisions of18
this Section. Such contractor shall be responsible for testing all adult participants of19
the Family Independence Temporary Assistance Program for illegal drugs. The20
secretary may also drug test certain adult participants, to be determined by the21
secretary in consultation with the secretary of the Department of Health and22
Hospitals and the commissioner of administration, in other initiatives comprising the23
Temporary Assistance for Needy Families Block Grant Program. Contracts entered24
into pursuant to the terms of this Subsection shall be negotiated with the contractor25
found most qualified; however, no contract for services may be entered into unless26
the contractor demonstrates that it possesses all of the following:27
(1) The qualifications, experience, and management personnel necessary to28
carry out the terms of the contract.29 HLS 10RS-193 ORIGINAL
HB NO. 611
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The ability to comply with applicable state and federal laws regarding1
privacy.2
(3) The ability to conduct drug testing in accordance with acceptable3
scientific laboratory standards while maintaining the appropriate laboratory4
accreditation by an organization chosen by the secretary of the Department of Social5
Services.6
(4) The technical competence to conduct initial drug screens of a large7
number of people using technology to test urine, hair, saliva, sweat, or whatever8
specimen proves to be the most cost-effective. The types of drugs to be tested shall9
include at a minimum, marijuana, hashish, cocaine, opiates, methamphetamines,10
benzodiazepines, amphetamines, and phencyclidine (PCP).11
(5) The technical competence to conduct a more comprehensive and accurate12
drug test of any adult participant whose initial drug screen shows the presence of the13
illegal drugs listed in Paragraph (4) of this Subsection.14
E. F. The secretary shall prepare a written statistical report on the program15
and submit the report to the legislature on or before January 1, 1999, and annually16
thereafter.17
Section 2. This Act shall become effective on January 1, 2011.18
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
LaBruzzo HB No. 611
Abstract: Expands drug testing to all adult recipients of public cash assistance. Establishes
a cost savings program for drug testing program.
Present law provides for drug testing of certain adult recipients participating in the
Temporary Assistance for Needy Families Block Grant (TANF). Allows the secretary of the
Dept. of Social Services (DSS), in consultation with the secretary of the Dept. of Health and
Hospitals and the commissioner of administration, to define which adult participants are
subject to testing.
Proposed law retains present law but also requires that all adult recipients of the Family
Independence Temporary Assistance Program (FITAP) be drug tested. HLS 10RS-193 ORIGINAL
HB NO. 611
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law creates a cost savings program for drug testing. Requires the secretary of DSS
to contract with a private contractor found to be the most qualified to test all adult recipients
of FITAP and certain adults in other TANF programs. Requires the contractor to
demonstrate that it has the following: qualifications, experience, and management personnel
to carry-out the terms of the contract; the ability to comply with state and federal privacy
laws; the ability to conduct drug testing within acceptable scientific standards and maintain
proper accreditation; the technical competence to conduct a cost-effective drug screening of
specimen; the ability to conduct a follow-up test of any adult participant who fails an initial
drug screening.
Effective January 1, 2011.
(Amends R.S. 46:460.10(A), (B), and (E); Adds R.S. 46:460.10(F))