HLS 10RS-194 REENGROSSED
Page 1 of 6
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 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), (C), and (E) and to enact R.S. 46:460.10(F),2
relative to drug testing of adult recipients of cash assistance; to require participants3
to consent to possible drug testing prior to receipt of cash benefits; to require drug4
testing for twenty percent of recipients of cash assistance; to establish a cost savings5
program for drug testing; to provide for an effective date; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 46:460.10(A), (B), (C), and (E) are hereby amended and reenacted9
and R.S. 46:460.10(F) is hereby enacted to read as follows: 10
ยง460.10. Drug testing for certain adult recipients of public assistance; legislative11
policy; procedures; cost savings program12
A. The legislature hereby reaffirms the legitimate government function of13
promoting the safety and welfare of children and adults. The legislature declares that14
the best interests of a significant portion of the state's population are served by15
ensuring that they are free of the physical and mental impairments associated with16
drug dependence. The legislature also affirms the importance of ensuring that17
Louisiana's citizens are ready to work, and in order for Louisiana's citizens to be18
work-ready, they must be free of drug dependence. The legislature further reaffirms19 HLS 10RS-194 REENGROSSED
HB NO. 617
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
its compelling interest in providing safeguards to eliminate the misappropriation of1
entitlement cash assistance benefits. The legislature hereby directs the secretary of2
the Department of Social Services in consultation with the secretary of the3
Department of Health and Hospitals and the commissioner of administration to4
establish a mandatory drug testing program for certain twenty percent of adults in the5
Family Independence Temporary Assistance Program Temporary Assistance for6
Needy Families Block Grant Program. The drug testing shall comply with standards7
utilized by the office of addictive disorders.8
B.(1) Each participant in the Family Independence Temporary Assistance9
Program shall be asked to sign a written consent form which informs the participant10
that, in order to receive or to continue receiving cash assistance benefits, the11
participant shall consent to drug testing administered by the Department of Social12
Services according to the provisions of this Section. The form shall inform the13
participant that, with his signature, the participant may be drug tested at any time as14
determined by the department while the participant is receiving cash assistance15
benefits. A participant who does not sign the form granting consent to a drug test16
shall not be eligible to receive or continue receiving cash assistance benefits.17
(2) The secretary of the Department of Social Services shall cause to be18
instituted a mandatory drug testing program for certain twenty percent of adult19
participants, to be determined by the secretary in consultation with the secretary of20
the Department of Health and Hospitals and the commissioner of administration, in21
the Family Independence Temporary Assistance Program Temporary Assistance for22
Needy Families Block Grant Program. The Department of Social Services shall23
select the participants to be drug tested according to a procedure established through24
rules and regulations promulgated according to the Administrative Procedure Act.25
No participant shall be tested if such testing is prohibited by federal law. No26
sanction shall be imposed on an adult participant if such sanction is prohibited by27
federal law. Such testing program shall provide procedural safeguards to ensure the28 HLS 10RS-194 REENGROSSED
HB NO. 617
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
protection of the constitutional rights of the program participants and provide that1
testing shall be done by state certified laboratories.2
C. The required drug testing program shall require a participant to complete3
an education and rehabilitation program upon the initial identification of such4
participant as an illegal drug user verified by a positive test result as a prerequisite5
to continued receipt of benefits. Further, the drug testing program shall provide for6
the suspension of participation in such entitlement cash assistance program for a7
participant subsequently identified by a verified positive test result as an illegal drug8
user; however, in no event shall participation in such entitlement cash assistance9
program be suspended while the participant is taking part in the education and10
rehabilitation program or until an education and rehabilitation program is available11
to the participant. The secretary of the Department of Social Services in conjunction12
with the secretary of the Department of Health and Hospitals and the commissioner13
of administration shall provide a program of education and rehabilitation for14
participants so identified as illegal drug users. Such program shall include15
regulations governing the reentry of a suspended recipient into the entitlement cash16
assistance program based on subsequent testing results and completion of education17
and rehabilitation programs. Such program shall also include the provision of18
inpatient services for any participant identified as an illegal drug user if it is19
determined that such inpatient services are necessary for successful rehabilitation.20
* * *21
E. The secretary of the Department of Social Services shall enter into an22
agreement with a private contractor for the full implementation of the provisions of23
this Section. To be eligible to enter into an agreement, the private contractor shall24
be licensed by the state of Louisiana, follow the procurement process, and be25
approved by the Joint Legislative Committee on the Budget. Such contractor shall26
be responsible for testing for the presence of illegal drugs in those adult participants27
of the Family Independence Temporary Assistance Program who are selected by the28
Department of Social Services to be drug tested according to the procedure29 HLS 10RS-194 REENGROSSED
HB NO. 617
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
established by the department. Contracts entered into pursuant to the terms of this1
Subsection shall be negotiated with the contractor found most qualified; however,2
no contract for services may be entered into unless the contractor demonstrates that3
it possesses all of the following:4
(1) The qualifications, experience, and management personnel necessary to5
carry out the terms of the contract.6
(2) The ability to comply with applicable state and federal laws regarding7
privacy.8
(3) The ability to conduct drug testing in accordance with acceptable9
scientific laboratory standards while maintaining the appropriate laboratory10
accreditation by an organization chosen by the secretary of the Department of Social11
Services.12
(4) The technical competence to conduct initial drug screens of a large13
number of people using technology to test urine, hair, saliva, sweat, or whatever14
specimen proves to be the most cost-effective. The types of drugs to be tested shall15
include at a minimum, marijuana, hashish, cocaine, opiates, methamphetamines,16
benzodiazepines, amphetamines, and phencyclidine (PCP).17
(5) The technical competence to conduct a more comprehensive and accurate18
drug test of any adult participant whose initial drug screen shows the presence of the19
illegal drugs listed in Paragraph (4) of this Subsection.20
E. F. The secretary shall prepare a written statistical report on the program21
and submit the report to the legislature on or before January 1, 1999, and annually22
thereafter.23
Section 2. This Act shall become effective on January 1, 2011.24 HLS 10RS-194 REENGROSSED
HB NO. 617
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 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
requires that drug testing comply with standards utilized by the office for addictive
disorders.
Proposed law requires each participant of the FITAP program to sign a written consent form
which informs the participant that, in order to receive or to continue receiving cash
assistance benefits, the participant shall consent to drug testing administered by DSS. A
participant who does not sign the form granting consent to a drug test shall not be eligible
to receive or to continue receiving cash assistance.
Proposed law creates a cost savings program for drug testing. Requires the secretary of DSS
to contract with a private contractor with certain qualifications 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), (C), 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. HLS 10RS-194 REENGROSSED
HB NO. 617
Page 6 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
House Floor Amendments to the engrossed bill.
1. Removed provision to prioritize drug test of pregnant women within the group
to be tested.
2. Provided that the drug testing applies only to FITAP recipients rather than
participants in the entire TANF program.
3. Provided that the drug testing shall comply with standards utilized by the office
for addictive disorders.
4. Required that all participants of the FITAP program sign a consent form to be
drug tested or they are ineligible to receive cash assistance benefits.
5. Provided that, in order to be eligible to enter into an agreement to perform the
drug testing, the contractor shall be licensed by the state of La., follow the
procurement process, and be approved by Joint Legislative Committee on the
Budget.