HLS 10RS-194 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 617
BY REPRESENTATIVE LABRUZZO
WELFARE: Requires at least fifty percent of 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 require drug testing3
for fifty percent of recipients of cash assistance; to establish a cost savings program4
for drug 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. 46:460.10(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-194 ORIGINAL
HB NO. 617
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Hospitals and the commissioner of administration to establish a mandatory drug1
testing program for certain fifty percent of adults in the Family Independence2
Temporary Assistance Program and certain adults in the Temporary Assistance for3
Needy 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 fifty percent of adult6
participants, to be determined by the secretary in consultation with the secretary of7
the Department of Health and Hospitals and the commissioner of administration, in8
the Family Independence Temporary Assistance Program and certain adults in the9
Temporary Assistance for Needy Families Block Grant Program. No participant10
shall be tested if such testing is prohibited by federal law. No sanction shall be11
imposed on an adult participant if such sanction is prohibited by federal law. Such12
testing program shall provide procedural safeguards to ensure the protection of the13
constitutional rights of the program participants and provide that testing shall be14
done by state certified 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 for the presence of19
illegal drugs in those adult participants of the Family Independence Temporary20
Assistance Program who are selected according to the established procedure21
authorized by Subsection B of this Section. The secretary may also drug test certain22
adult participants, to be determined by the secretary in consultation with the23
secretary of the Department of Health and Hospitals and the commissioner of24
administration,in other initiatives comprising the Temporary Assistance for Needy25
Families Block Grant Program. Contracts entered into pursuant to the terms of this26
Subsection shall be negotiated with the contractor found most qualified; however,27
no contract for services may be entered into unless the contractor demonstrates that28
it possesses all of the following:29 HLS 10RS-194 ORIGINAL
HB NO. 617
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are additions.
(1) The qualifications, experience, and management personnel necessary to1
carry out the terms of the contract.2
(2) The ability to comply with applicable state and federal laws regarding3
privacy.4
(3) The ability to conduct drug testing in accordance with acceptable5
scientific laboratory standards while maintaining the appropriate laboratory6
accreditation by an organization chosen by the secretary of the Department of Social7
Services.8
(4) The technical competence to conduct initial drug screens of a large9
number of people using technology to test urine, hair, saliva, sweat, or whatever10
specimen proves to be the most cost-effective. The types of drugs to be tested shall11
include at a minimum, marijuana, hashish, cocaine, opiates, methamphetamines,12
benzodiazepines, amphetamines, and phencyclidine (PCP).13
(5) The technical competence to conduct a more comprehensive and accurate14
drug test of any adult participant whose initial drug screen shows the presence of the15
illegal drugs listed in Paragraph (4) of this Subsection.16
E. F. The secretary shall prepare a written statistical report on the program17
and submit the report to the legislature on or before January 1, 1999 and annually18
thereafter.19
Section 2. This Act shall become effective on January 1, 2011.20
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. 617
Abstract: Expands drug testing to 50% of 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 (DHH) and the commissioner of administration, to define which adult participants
are subject to testing. HLS 10RS-194 ORIGINAL
HB NO. 617
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law but requires that 50% of adult recipients of the Family
Independence Temporary Assistance Program (FITAP) be drug tested.
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 those adult
recipients of FITAP selected under the procedure established by the secretaries of the DSS,
DHH, and the commissioner of administration, and to test 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 Jan. 1, 2011.
(Amends R.S. 46:460.10(A), (B), and (E); Adds R.S. 46:460.10(F))