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Regular Session, 2014
HOUSE BILL NO. 952
BY REPRESENTATIVE WHITNEY
DRUGS/TESTING: Provides for drug testing of persons who receive or apply for cash
assistance or unemployment benefits
AN ACT1
To amend and reenact R.S. 46:460.10, and to enact R.S. 23:1600(9), 1601(12), 1601.1, and2
R.S. 46:460.11, relative to persons receiving or applying for benefits from certain3
assistance programs; to provide conditions for issuance of unemployment and cash4
assistance benefits; to establish requirements of certain state agencies relative to5
administration of benefits programs; to provide for duties of the executive director6
of the Louisiana Workforce Commission relative to administration of the7
unemployment compensation program; to provide for duties of the secretary of the8
Department of Children and Family Services relative to administration of the cash9
assistance program; to require drug screening and testing of certain persons; to10
provide for rights and protections for certain persons who are subjected to drug11
testing; to provide for disqualification from eligibility for unemployment12
compensation and cash assistance benefits; to provide for promulgation of rules; to13
provide for reports to the legislature; and to provide for related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 23:1600(9), 1601(12), and 1601.1 are hereby enacted to read as16
follows:17
§1600. Benefit eligibility conditions18
An unemployed individual shall be eligible to receive benefits only if the19
administrator finds that:20 HB NO. 952
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* * *1
(9) If the individual has been ordered to submit to a drug test pursuant to2
R.S. 23:1601.1, he has tested negative for the use of any illegal controlled substance3
or analogue in such test.4
§1601. Disqualification for benefits5
An individual shall be disqualified for benefits:6
* * *7
(12) If he has tested positive for the use of any illegal controlled substance8
or analogue in a drug test ordered pursuant to R.S. 23:1601.1.9
§1601.1. Applicant and recipient drug testing; procedures; rights and safeguards10
A. The legislature hereby authorizes and directs the executive director of the11
Louisiana Workforce Commission to establish a drug screening and testing program12
for unemployment compensation applicants and recipients.13
B. No person shall be tested if such testing is prohibited by federal law. No14
sanction shall be imposed on a person if the sanction is prohibited by federal law.15
The drug screening and testing program shall provide procedural safeguards to16
ensure the protection of the constitutional rights of program participants and provide17
that testing is conducted by state certified laboratories.18
C. Definitions. As used in this Section, the following terms have the19
meaning ascribed in this Subsection:20
(1) "Commission" means the Louisiana Workforce Commission.21
(2) "Controlled substance" means any substance defined in or regulated by22
the Uniform Controlled Dangerous Substances Law, R.S. 40:961 et seq.23
(3) "Controlled substance analogue" means a substance that has a chemical24
structure which is substantially similar to that of a controlled dangerous substance,25
and shall have the specific meaning ascribed in R.S. 40:961.26
(4) "Drug test" means an examination or analysis of a biological specimen27
to determine the presence or absence of any controlled substance, controlled28
substance analogue, or a metabolite of any of these.29 HB NO. 952
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D.(1) The commission shall screen all applicants for and recipients of1
benefits for the use of or dependency on illegal drugs at the time of the initial2
application, and at the time of redetermination of eligibility, using a recognized and3
standardized drug abuse screening procedure. Completion of the drug screening4
shall be a condition for all of the following:5
(a) Initial eligibility for applicants for benefits.6
(b) Continuing benefits eligibility for recipients.7
(2) The commission shall order drug testing of an applicant for or a recipient8
of benefits at any time when there exists reasonable suspicion, as determined9
pursuant to Paragraph (3) of this Subsection, that such applicant or recipient is10
unlawfully using a controlled substance or controlled substance analogue.11
(3) In addition to results of the drug screening provided for in Paragraph (1)12
of this Subsection, the commission may use any other information or observations13
to determine whether reasonable suspicion of unlawful use of a controlled substance14
or controlled substance analogue exists. Such information and observations may15
include but shall not limited to those relative to the following:16
(a) Demeanor of the applicant or recipient.17
(b) Missed appointments.18
(c) Arrest records or other police records.19
(d) Previous employment or application for employment in an occupation20
or industry that regularly conducts drug screening.21
(e) Termination from previous employment due to unlawful use of a22
controlled substance or controlled substance analogue.23
(f) Prior drug screening or testing records of the applicant or recipient24
indicating unlawful use of a controlled substance or controlled substance analogue.25
E. Any applicant for or recipient of benefits who tests positive for a26
controlled substance or controlled substance analogue may request that the specimen27
submitted for the drug test be sent to a different drug testing facility for an additional28
test. Any applicant for or recipient of benefits who requests an additional drug test29 HB NO. 952
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at a different drug testing facility shall be required to pay the cost of the additional1
drug test. Any applicant or recipient who took the additional drug test and tested2
negative for unlawful use of a controlled substance or controlled substance analogue3
shall be reimbursed for the cost of the additional drug test.4
F.(1)(a) An applicant for or recipient of benefits who tests positive once for5
unlawful use of a controlled substance or controlled substance analogue shall be6
required to complete a substance abuse treatment program and a job skills program7
approved by the administrator.8
(b) Subject to applicable federal laws, any applicant for or recipient of9
benefits who fails to complete or refuses to participate in the substance abuse10
treatment program or job skills program as required in this Subsection shall be11
ineligible to receive benefits until completion of such substance abuse treatment and12
job skills programs.13
(c) Upon completion of both substance abuse treatment and job skills14
programs, the applicant for or recipient of benefits may be subject to periodic drug15
screening, as determined by the administrator.16
(2) Pursuant to a recipient's second positive test for unlawful use of a17
controlled substance or controlled substance analogue, the commission shall take all18
of the following actions:19
(a) Require him to complete again an approved substance abuse treatment20
program and an approved job skills program.21
(b) Bar him from the benefits program for a period of twelve months, or until22
he completes both substance abuse treatment and job skills programs, whichever is23
later.24
(3) Upon a third positive test for unlawful use of a controlled substance or25
controlled substance analogue, the commission shall permanently bar the recipient26
from the benefits program, subject to applicable federal law.27 HB NO. 952
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G. Except for hearings before the commission, the results of any drug1
screening or testing administered pursuant to the provisions of this Section shall be2
confidential and shall not be disclosed publicly.3
H.(1) The administrator shall promulgate rules and regulations to implement4
the provisions of this Section in accordance with the Administrative Procedure Act.5
The rules and regulations shall provide that the cost of testing participants for the6
presence of illegal drugs and the treatment of such participants pursuant to the7
provisions of this Section shall be borne by the commission or departments that grant8
the applicable public assistance.9
(2) The administrator may develop the rules and regulations in consultation10
with the secretary of the Department of Health and Hospitals and the commissioner11
of administration.12
I. The administrator shall prepare a written statistical report on the program13
and submit the report to the legislature on or before July 1, 2015, and annually14
thereafter.15
Section 2. R.S. 46:460.10 is hereby amended and reenacted and R.S. 46:460.11 is16
hereby enacted to read as follows:17
§460.10. Drug testing for certain adult recipients of public assistance required;18
legislative policy; procedures findings and declaration19
A. The legislature hereby reaffirms the legitimate government function of20
promoting the safety and welfare of children and adults, and hereby finds and21
declares all of the following:. The legislature declares that the22
(1) The best interests of a significant portion of the state's population are23
served by ensuring that they persons are free of the physical and mental impairments24
associated with drug dependence. The legislature further reaffirms its25
(2) The state has a compelling interest in providing safeguards to eliminate26
the misappropriation of entitlement benefits.27 HB NO. 952
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(3) The legislature affirms the importance of ensuring that Louisiana's1
citizens are ready to work; and that in order for persons to be work-ready, they must2
be free of drug dependence.3
B. The legislature hereby authorizes and directs the secretary of the4
Department of Children and Family Services , in consultation with the secretary of5
the Department of Health and Hospitals and the commissioner of administration, to6
establish a mandatory drug screening and testing program for certain adults in the7
Temporary Assistance for Needy Families Block Grant Program. Family8
Independence Temporary Assistance Program operated pursuant to Subpart A of Part9
II of this Chapter, R.S. 46:230.1 et seq. The drug testing program shall be10
administered in accordance with the provisions of R.S. 46:460.11.11
§460.11. FITAP cash assistance drug screening and testing; participant rights and12
safeguards13
B. A. The secretary of the Department of Children and Family Services shall14
cause to be instituted a mandatory drug screening and testing program for certain15
adult applicants for and participants, to be determined by the secretary in16
consultation with the secretary of the Department of Health and Hospitals and the17
commissioner of administration, in the Temporary Assistance for Needy Families18
Block Grant Program in the Family Independence Temporary Assistance Program19
for needy families, the assistance from which is referred to in this Section as "cash20
assistance". The secretary shall operate the drug testing program according to the21
requirements and limitations provided in this Section.22
B. No participant shall be tested if such testing is prohibited by federal law.23
No sanction shall be imposed on an adult participant if such sanction is prohibited24
by federal law. Such testing program shall provide procedural safeguards to ensure25
the protection of the constitutional rights of the program participants and provide that26
testing shall be done is conducted by state certified laboratories.27
C. The required drug testing program shall require a participant to complete28
an education and rehabilitation program upon the initial identification of such29 HB NO. 952
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participant as an illegal drug user verified by a positive test result as a prerequisite1
to continued receipt of benefits. Further, the drug testing program shall provide for2
the suspension of participation in such entitlement program for a participant3
subsequently identified by a verified positive test result as an illegal drug user;4
however, in no event shall participation in such entitlement program be suspended5
while the participant is taking part in the education and rehabilitation program or6
until an education and rehabilitation program is available to the participant. The7
secretary of the Department of Children and Family Services in conjunction with the8
secretary of the Department of Health and Hospitals and the commissioner of9
administration shall provide a program of education and rehabilitation for10
participants so identified as illegal drug users. Such program shall include11
regulations governing the reentry of a suspended recipient into the entitlement12
program based on subsequent testing results and completion of education and13
rehabilitation programs. Such program shall also include the provision of inpatient14
services for any participant identified as an illegal drug user if it is determined that15
such inpatient services are necessary for successful rehabilitation.16
C. Definitions. As used in this Section, the following terms have the17
meaning ascribed in this Subsection:18
(1) "Cash assistance" means direct financial assistance provided through the19
Family Independence Temporary Assistance Program for needy families operated20
pursuant to Subpart A of Part II of this Chapter, R.S. 46:230.1 et seq.21
(2) "Controlled substance" means any substance defined in or regulated by22
the Uniform Controlled Dangerous Substances Law, R.S. 40:961 et seq.23
(3) "Controlled substance analogue" means a substance that has a chemical24
structure which is substantially similar to that of a controlled dangerous substance,25
and shall have the specific meaning ascribed in R.S. 40:961.26
(4) "Department" means the Department of Children and Family Services.27 HB NO. 952
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(5) "Drug test" means an examination or analysis of a biological specimen1
to determine the presence or absence of any controlled substance, controlled2
substance analogue, or a metabolite of any of these.3
(6) "Secretary" means the secretary of the Department of Children and4
Family Services.5
D.(1) The department shall screen all adult applicants for and recipients of6
cash assistance for the use of or dependency on illegal drugs at the time of the initial7
application, and at the time of redetermination of eligibility, using a recognized and8
standardized drug abuse screening procedure. Completion of the drug screening9
shall be a condition for all of the following:10
(a) Initial eligibility for applicants for cash assistance.11
(b) Continuing eligibility for benefits for recipients of cash assistance.12
(2) The department shall order drug testing of an applicant for or a recipient13
of cash assistance at any time when there exists reasonable suspicion, as determined14
pursuant to Paragraph (3) of this Subsection, that such cash assistance applicant or15
recipient is unlawfully using a controlled substance or controlled substance analogue.16
(3) In addition to results of the drug screening provided for in Paragraph (1)17
of this Subsection, the department may use any other information or observations to18
determine whether reasonable suspicion of unlawful use of a controlled substance19
or controlled substance analogue exists. Such information and observations may20
include but shall not limited to those relative to the following:21
(a) Demeanor of the applicant or recipient.22
(b) Missed appointments.23
(c) Arrest records or other police records.24
(d) Previous employment or application for employment in an occupation25
or industry that regularly conducts drug screening.26
(e) Termination from previous employment due to unlawful use of a27
controlled substance.28 HB NO. 952
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(f) Prior drug screening or testing records of the applicant or recipient1
indicating unlawful use of a controlled substance.2
E. Any applicant for or recipient of cash assistance who tests positive for a3
controlled substance or controlled substance analogue may request that the specimen4
submitted for the drug test be sent to a different drug testing facility for an additional5
test. Any applicant for or recipient of cash assistance who requests an additional6
drug test at a different drug testing facility shall be required to pay the cost of the7
additional drug test. Any applicant or recipient who took the additional drug test and8
tested negative for unlawful use of a controlled substance or controlled substance9
analogue shall be reimbursed for the cost of the additional drug test.10
F.(1)(a) An applicant for or recipient of cash assistance who tests positive11
once for unlawful use of a controlled substance or controlled substance analogue12
shall be required to complete a substance abuse treatment program and a job skills13
program approved by the secretary.14
(b) Subject to applicable federal laws, any applicant for or recipient of cash15
assistance who fails to complete or refuses to participate in the substance abuse16
treatment program or job skills program as required in this Subsection shall be17
ineligible to receive cash assistance until completion of such substance abuse18
treatment and job skills programs.19
(c) Upon completion of both substance abuse treatment and job skills20
programs, such applicant for or recipient of cash assistance may be subject to21
periodic drug screening, as determined by the secretary.22
(2) Pursuant to a recipient's second positive test for unlawful use of a23
controlled substance or controlled substance analogue, the department shall take all24
of the following actions:25
(a) Require him to complete again an approved substance abuse treatment26
program and an approved job skills program.27 HB NO. 952
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(b) Bar him from the cash assistance program for a period of twelve months,1
or until he completes both substance abuse treatment and job skills programs,2
whichever is later.3
(3) Upon a third positive test for unlawful use of a controlled substance or4
controlled substance analogue, the department shall permanently bar the recipient5
from the cash assistance program, subject to applicable federal law.6
G.(1) If an applicant for or recipient of cash assistance is determined7
ineligible for or is terminated from cash assistance as a result of a positive test for8
unlawful use of a controlled substance or controlled substance analogue, and such9
person is the parent or legal guardian of a minor child, an appropriate protective10
payee shall be designated to receive cash assistance on behalf of such child. The11
parent or legal guardian of the minor child may choose to designate an individual to12
receive cash assistance for the child, as approved by the department. Prior to the13
designated individual receiving any cash assistance, the department shall review14
whether reasonable suspicion exists that such designated individual is unlawfully15
using a controlled substance or controlled substance analogue.16
(2) Any individual designated to receive cash assistance on behalf of an17
eligible minor child pursuant to this Subsection shall be subject to drug testing at any18
time when reasonable suspicion exists that such designated individual is unlawfully19
using a controlled substance or controlled substance analogue. For purposes of this20
Subsection, the presumption of reasonable suspicion shall be based upon the factors21
established in Paragraph (D)(3) of this Section.22
(3) Any individual designated to receive cash assistance on behalf of an23
eligible minor child pursuant to this Subsection who tests positive for a controlled24
substance or controlled substance analogue may request that the specimen submitted25
for the drug test be sent to a different drug testing facility for an additional test. An26
individual who requests an additional drug test at a different drug testing facility27
shall be required to pay the cost of the test. Any individual who took the additional28
drug test and who tested negative for unlawful use of a controlled substance or29 HB NO. 952
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controlled substance analogue shall be reimbursed for the cost of the additional drug1
test.2
(4) Upon any positive test for unlawful use of a controlled substance or3
controlled substance analogue, an individual designated to receive cash assistance4
on behalf of an eligible minor child shall be deemed ineligible to receive cash5
assistance on behalf of the child, and the department shall select another designated6
individual to receive cash assistance on behalf of the child. The conditions of this7
Subsection shall apply to the substitute designee in the same manner as to the8
original designee.9
H.(1) If a person has been convicted under federal or state law of any offense10
which is classified as a felony by the law of the jurisdiction and which has as an11
element of such offense the manufacture, cultivation, distribution, possession, or use12
of a controlled substance or controlled substance analogue, and the date of13
conviction is on or after January 1, 2015, he shall thereby become permanently14
ineligible to receive any cash assistance unless the conviction is his first conviction.15
If the conviction is his first conviction, then the provisions of Paragraph (2) of this16
Subsection shall apply.17
(2) First-time offenders convicted under federal or state law of any offense18
which is classified as a felony by the law of the jurisdiction and which has as an19
element of such offense the manufacture, cultivation, distribution, possession, or use20
of a controlled substance or controlled substance analogue, and the date of21
conviction is on or after January 1, 2015, shall become ineligible to receive cash22
assistance for five years from the date of conviction.23
I. Except for hearings before the department, the results of any drug24
screening or testing administered pursuant to the provisions of this Section shall be25
confidential and shall not be disclosed publicly.26
D. J.(1) The secretary of the Department of Children and Family Services27
in consultation with the secretary of the Department of Health and Hospitals and the28
commissioner of administration shall promulgate rules and regulations to implement29 HB NO. 952
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the provisions of this Section in accordance with the Administrative Procedure Act.1
The rules and regulations shall provide that the cost of testing participants for the2
presence of illegal drugs and the treatment of such participants pursuant to the3
provisions of this Section shall be borne by the department or departments that grant4
the applicable public assistance.5
(2) The secretary may develop the rules and regulations in consultation with6
the secretary of the Department of Health and Hospitals and the commissioner of7
administration.8
E. K. The secretary shall prepare a written statistical report on the program9
and submit the report to the legislature on or before January 1, 1999 July 1, 2015,10
and annually thereafter.11
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)]
Whitney HB No. 952
Abstract: Provides for drug testing of persons who receive or apply for cash assistance or
unemployment benefits.
Proposed law establishes drug screening and testing policies within the unemployment
compensation and cash assistance programs of this state as detailed below.
Drug Testing for Unemployment Benefits
Proposed law authorizes and directs the executive director of the La. Workforce Commission
(LWC) to establish a drug screening and testing program for unemployment compensation
applicants and recipients. Provides that no person shall be tested if such testing is prohibited
by federal law; no sanction shall be imposed on a person if the sanction is prohibited by
federal law; and that the drug screening and testing program shall provide procedural
safeguards to ensure the protection of the constitutional rights of program participants and
provide that testing is conducted by state certified laboratories.
Proposed law requires LWC to screen all applicants for and recipients of benefits for the use
of or dependency on illegal drugs at the time of the initial application, and at the time of
redetermination of eligibility, using a recognized and standardized drug abuse screening
procedure. Provides that completion of the drug screening shall be a condition for all of the
following:
(1)Initial eligibility for applicants for benefits.
(2)Continuing benefits eligibility for recipients. HB NO. 952
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are additions.
Proposed law requires LWC to order drug testing of an applicant for or a recipient of
benefits at any time when there exists reasonable suspicion, as determined in accordance
with proposed law, that the person is unlawfully using a controlled substance or controlled
substance analogue, defined as a substance that has a chemical structure which is
substantially similar to that of a controlled dangerous substance.
Proposed law provides that in addition to results of the drug screening, LWC may use any
other information or observations to determine whether reasonable suspicion of unlawful
drug use exists, including but not limited to information and observations relative to the
following:
(1)Demeanor of the applicant or recipient.
(2)Missed appointments.
(3)Arrest records or other police records.
(4)Previous employment or application for employment in an occupation or industry
that regularly conducts drug screening.
(5)Termination from previous employmen t due to unlawful use of a controlled
substance or controlled substance analogue.
(6)Prior drug screening or testing records of the applicant or recipient indicating
unlawful use of a controlled substance or controlled substance analogue.
Proposed law provides that any applicant for or recipient of benefits who tests positive for
illegal drug use may request that the specimen submitted for the drug test be sent to a
different drug testing facility for an additional test, and that the cost of the additional test
shall be borne by the requestor. Provides that if the person tests negative in the additional
test, he shall be reimbursed for its cost.
Proposed law provides that an applicant for or recipient of benefits who tests positive once
for illegal drug use is required to complete a substance abuse treatment program and a job
skills program approved by the administrator of the unemployment compensation program,
referred to hereafter as "administrator".
Proposed law provides that, subject to applicable federal laws, any applicant for or recipient
of benefits who fails to complete or refuses to participate in the substance abuse treatment
program or job skills program as required in proposed law shall be ineligible to receive
benefits until completion of such substance abuse treatment and job skills programs.
Proposed law provides that upon completion of both substance abuse treatment and job skills
programs, the applicant or recipient may be subject to periodic drug screening, as determined
by the administrator.
Proposed law requires LWC to take all of the following actions pursuant to a recipient's
second positive drug test:
(1)Require him to complete again an approved substance abuse treatment program and
an approved job skills program.
(2)Bar him from the benefits program for a period of 12 months, or until he completes
both substance abuse treatment and job skills programs, whichever is later.
Proposed law requires that upon a recipient's third positive drug test, LWC shall permanently
bar him from the unemployment benefits program, subject to applicable federal law. HB NO. 952
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are additions.
Proposed law provides that except for hearings before LWC, the results of any drug
screening or testing administered pursuant to the provisions of proposed law shall be
confidential and shall not disclosed publicly.
Proposed law requires LWC to promulgate rules and regulations to implement proposed law
in accordance with the APA; and that such rules and regulations provide that the cost of drug
testing participants and the treatment of those persons be borne by LWC or departments that
grant the applicable public assistance. Provides that LWC may develop such rules and
regulations in consultation with the secretary of the Dept. of Health and Hospitals and the
commissioner of administration.
Proposed law requires LWC to prepare a written statistical report on the drug testing
program and submit the report to the legislature on or before July 1, 2015, and annually
thereafter.
Drug Testing for Cash Assistance Benefits
Present law provides for drug testing for recipients of Family Independence Temporary
Assistance Program cash assistance provided through the federal Temporary Assistance for
Needy Families block grant program administered at the state level by the Dept. of Children
and Family Services (DCFS). Provides that the program of drug testing shall have the
following features, requirements, and functions, subject to funding availability:
(1)As a condition for continued receipt of benefits, require a participant to complete an
education and rehabilitation program after being identified as an illegal drug user
through a positive drug test.
(2)Provide for the suspension of participation in the cash assistance program for a
participant identified as an illegal drug user through a positive drug test. Present law
provides, however, that in no event shall benefits be suspended while the participant
is taking part in the education and rehabilitation program, or pending availability of
an education and rehabilitation program to the participant.
(3)Make available a program of education and rehabilitation for participants identified
as illegal drug users, and stipulate that such program include regulations governing
the reentry of a suspended recipient into the cash assistance program based on
subsequent testing results and completion of education and rehabilitation programs.
(4)Include the provision of inpatient services for any participant identified as an illegal
drug user if it is determined that such inpatient services are necessary for successful
rehabilitation.
Proposed law deletes present law and adds in lieu thereof a drug testing program as detailed
below.
Proposed law requires DCFS to screen all adult applicants for and recipients of cash
assistance for illegal drug use at the time of the initial application, and at the time of
redetermination of eligibility, using a recognized and standardized drug abuse screening
procedure. Provides that completion of the drug screening shall be a condition for both:
(1)Initial eligibility for applicants for cash assistance.
(2)Continuing eligibility for benefits for recipients of cash assistance.
Proposed law requires DCFS to order drug testing of an applicant for or a recipient of
benefits at any time when there exists reasonable suspicion, as determined in accordance
with proposed law, that the person is unlawfully using a controlled substance or controlled HB NO. 952
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are additions.
substance analogue, defined as a substance that has a chemical structure which is
substantially similar to that of a controlled dangerous substance.
Proposed law provides that in addition to results of the drug screening, LWC may use any
other information or observations to determine whether reasonable suspicion of unlawful
drug use exists, including but not limited to information and observations relative to the
following:
(1)Demeanor of the applicant or recipient.
(2)Missed appointments.
(3)Arrest records or other police records.
(4)Previous employment or application for employment in an occupation or industry
that regularly conducts drug screening.
(5)Termination from previous employment due to unlawful use of a controlled
substance.
(6)Prior drug screening or testing records of the applicant or recipient indicating
unlawful use of a controlled substance.
Proposed law provides that any applicant for or recipient of cash assistance who tests
positive for illegal drug use may request that the specimen submitted for the drug test be sent
to a different drug testing facility for an additional test, and that the cost of the additional test
shall be borne by the requestor. Provides that if the person tests negative in the additional
test, he shall be reimbursed for its cost.
Proposed law provides that an applicant for or recipient of cash assistance who tests positive
once for illegal drug use is required to complete a substance abuse treatment program and
a job skills program approved by the DCFS secretary.
Proposed law provides that, subject to applicable federal laws, any applicant for or recipient
of cash assistance who fails to complete or refuses to participate in the substance abuse
treatment program or job skills program as required in proposed law shall be ineligible to
receive benefits until completion of such substance abuse treatment and job skills programs.
Proposed law provides that upon completion of both substance abuse treatment and job skills
programs, the applicant or recipient may be subject to periodic drug screening, as determined
by the DCFS secretary.
Proposed law requires DCFS to take all of the following actions pursuant to a recipient's
second positive drug test:
(1)Require him to complete again an approved substance abuse treatment program and
an approved job skills program.
(2)Bar him from the benefits program for a period of 12 months, or until he completes
both substance abuse treatment and job skills programs, whichever is later.
Proposed law requires that upon a recipient's third positive drug test, DCFS shall
permanently bar him from the cash assistance program, subject to applicable federal law.
Proposed law provides that if an applicant for or recipient of cash assistance is determined
ineligible for or is terminated from cash assistance as a result of a positive drug test, and the
person is the parent or legal guardian of a minor child, an appropriate protective payee shall
be designated to receive cash assistance on behalf of the child, subject to approval by DCFS. HB NO. 952
HLS 14RS-935 ORIGINAL
Page 16 of 16
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Provides that prior to the designated individual receiving any cash assistance, DCFS shall
review whether reasonable suspicion exists that the individual is using an illegal drug.
Proposed law provides that any individual designated to receive cash assistance on behalf
of an eligible minor child pursuant to proposed law shall be subject to drug testing at any
time when reasonable suspicion, determined in accordance with proposed law, exists that the
designated individual is using an illegal drug.
Proposed law provides that in the case of an individual designated to receive cash assistance
on behalf of an eligible minor child testing positive for drug use, he may be retested in the
same manner as prescribed by proposed law for a cash assistance applicant or beneficiary.
Proposed law provides that if an individual designated to receive cash assistance on behalf
of an eligible minor child tests positive for drug use, he shall be deemed ineligible to receive
cash assistance on behalf of the child, and DCFS shall select another designated individual
to receive cash assistance on behalf of the child.
Proposed law provides that if a person has been convicted under federal or state law of any
drug-related offense, the following restrictions on eligibility for cash assistance apply:
(1)In the case of a first offense, the person shall become ineligible to receive cash
assistance for 5 years from the date of conviction.
(2)If not a first offense, then the person shall become permanently ineligible to receive
cash assistance.
Proposed law provides that except for hearings before DCFS, the results of any drug
screening or testing administered pursuant to the provisions of proposed law shall be
confidential and shall not disclosed publicly.
Proposed law retains present law requiring DCFS to promulgate rules and regulations in
accordance with the APA to implement drug testing within the cash assistance program, and
that such rules and regulations provide that the cost of drug testing participants and the
treatment of those persons be borne by DCFS or departments that grant the applicable public
assistance. Provides that DCFS may develop such rules and regulations in consultation with
the secretary of the Dept. of Health and Hospitals and the commissioner of administration.
Proposed law requires DCFS to prepare a written statistical report on the drug testing
program and submit the report to the legislature on or before July 1, 2015, and annually
thereafter.
(Amends R.S. 46:460.10; Adds R.S. 23:1600(9), 1601(12), 1601.1, and R.S. 46:460.11)