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Regular Session, 2010
HOUSE BILL NO. 617
BY REPRESENTATIVE LABRUZZO
WELFARE: Requires at least twenty 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 twenty percent of recipients of cash assistance; to prioritize drug testing of4
pregnant women receiving cash assistance; to establish a cost savings program for5
drug testing; to provide for an effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:460.10(A), (B), and (E) are hereby amended and reenacted and8
R.S. 46:460.10(F) is hereby enacted to read as follows: 9
ยง460.10. Drug testing for certain adult recipients of public assistance; legislative10
policy; procedures; cost savings program11
A. The legislature hereby reaffirms the legitimate government function of12
promoting the safety and welfare of children and adults. The legislature declares that13
the best interests of a significant portion of the state's population are served by14
ensuring that they are free of the physical and mental impairments associated with15
drug dependence. The legislature also affirms the importance of ensuring that16
Louisiana's citizens are ready to work, and in order for Louisiana's citizens to be17
work-ready, they must be free of drug dependence. The legislature further reaffirms18
its compelling interest in providing safeguards to eliminate the misappropriation of19
entitlement benefits. The legislature hereby directs the secretary of the Department20 HLS 10RS-194 ENGROSSED
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of Social Services in consultation with the secretary of the Department of Health and1
Hospitals and the commissioner of administration to establish a mandatory drug2
testing program for certain twenty percent of adults in the Family Independence3
Temporary Assistance Program, with a priority on pregnant women, and certain4
adults in the Temporary Assistance for Needy Families Block Grant Program.5
B. The secretary of the Department of Social Services shall cause to be6
instituted a mandatory drug testing program for certain twenty percent of adult7
participants, with a priority on pregnant women, to be determined by the secretary8
in consultation with the secretary of the Department of Health and Hospitals and the9
commissioner of administration, in the Family Independence Temporary Assistance10
Program and certain adults in the Temporary Assistance for Needy Families Block11
Grant Program. No participant shall be tested if such testing is prohibited by federal12
law. No sanction shall be imposed on an adult participant if such sanction is13
prohibited by federal law. Such testing program shall provide procedural safeguards14
to ensure the protection of the constitutional rights of the program participants and15
provide that testing shall be done by state certified laboratories.16
* * *17
E. The secretary of the Department of Social Services shall enter into an18
agreement with a private contractor for the full implementation of the provisions of19
this Section. Such contractor shall be responsible for testing for the presence of20
illegal drugs in those adult participants of the Family Independence Temporary21
Assistance Program who are selected according to the established procedure22
authorized by Subsection B of this Section. The secretary may also drug test certain23
adult participants, to be determined by the secretary in consultation with the24
secretary of the Department of Health and Hospitals and the commissioner of25
administration, in other initiatives comprising the Temporary Assistance for Needy26
Families Block Grant Program. Contracts entered into pursuant to the terms of this27
Subsection shall be negotiated with the contractor found most qualified; however,28 HLS 10RS-194 ENGROSSED
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no contract for services may be entered into unless the contractor demonstrates that1
it possesses all of the following:2
(1) The qualifications, experience, and management personnel necessary to3
carry out the terms of the contract.4
(2) The ability to comply with applicable state and federal laws regarding5
privacy.6
(3) The ability to conduct drug testing in accordance with acceptable7
scientific laboratory standards while maintaining the appropriate laboratory8
accreditation by an organization chosen by the secretary of the Department of Social9
Services.10
(4) The technical competence to conduct initial drug screens of a large11
number of people using technology to test urine, hair, saliva, sweat, or whatever12
specimen proves to be the most cost-effective. The types of drugs to be tested shall13
include at a minimum, marijuana, hashish, cocaine, opiates, methamphetamines,14
benzodiazepines, amphetamines, and phencyclidine (PCP).15
(5) The technical competence to conduct a more comprehensive and accurate16
drug test of any adult participant whose initial drug screen shows the presence of the17
illegal drugs listed in Paragraph (4) of this Subsection.18
E. F. The secretary shall prepare a written statistical report on the program19
and submit the report to the legislature on or before January 1, 1999, and annually20
thereafter.21
Section 2. This Act shall become effective on January 1, 2011.22
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 20% 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 HLS 10RS-194 ENGROSSED
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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.
Proposed law retains present law but requires that 20% of adult recipients of the Family
Independence Temporary Assistance Program (FITAP) be drug tested.
Proposed law prioritizes drug testing of pregnant women within the group to 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 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; and 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))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Changed the minimum percentage of cash assistance recipients who shall be drug
tested prior to receiving benefits from 50% to 20%.
2. Added a provision to prioritize drug testing of pregnant women within the group
to be drug tested.