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Minnesota Legislature

Office of the Revisor of Statutes

SF 1665

as introduced - 87th Legislature (2011 - 2012) Posted on 02/03/2012 11:14am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; requiring drug testing for MFIP applicants and
participants; authorizing rulemaking; proposing coding for new law in Minnesota
Statutes, chapter 256J.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [256J.145] DRUG SCREENING FOR APPLICANTS AND
PARTICIPANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Drug testing. new text end

new text begin (a) The commissioner shall require a drug test to
screen each individual who applies for MFIP. The commissioner shall also require a drug
test at recertification. The cost of drug testing is the responsibility of the individual tested.
new text end

new text begin (b) An individual subject to the requirements of this section includes any parent or
caretaker relative who is included in the MFIP assistance unit, including an individual
who may be exempt from work activity requirements due to the age of the youngest
child under section 256J.561, subdivision 3, or who may be exempt from work activity
requirements under chapter 256J.
new text end

new text begin (c) An individual who tests positive for illegal controlled substances or legal
controlled substances not prescribed by a licensed practitioner as a result of a drug test
required under this section is ineligible to receive MFIP assistance for one year after the
date of the positive drug test, unless the individual meets the requirements of subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Duties of commissioner. new text end

new text begin The commissioner shall:
new text end

new text begin (1) provide notice of drug testing to applicants. The notice must advise the applicant
that drug testing will be conducted as a condition for receiving assistance when applying
for assistance and at recertification, and that the individual must bear the cost of testing.
If the individual tests negative, the commissioner shall increase the amount of the initial
assistance by the amount paid by the individual for the drug testing. The individual
must be advised that the required drug testing may be avoided if the individual does not
apply for assistance. Dependent children under the age of 18 are exempt from the drug
testing requirement;
new text end

new text begin (2) require that for two-parent families, both parents must comply with the drug
testing requirement;
new text end

new text begin (3) require that any minor parent under section 256J.14 must comply with the drug
testing requirement;
new text end

new text begin (4) advise each individual to be tested, before the test is conducted, that the
individual may, but is not required to, advise the agent administering the test of any
prescription or over-the-counter medication the individual is taking;
new text end

new text begin (5) require each individual to be tested to sign a written acknowledgment that the
individual has received and understood the notice and advice provided under clauses
(1) and (4);
new text end

new text begin (6) assure each individual being tested a reasonable degree of dignity while
producing and submitting a sample for drug testing, consistent with the state's need to
ensure the reliability of the sample;
new text end

new text begin (7) specify circumstances under which an individual who fails a drug test has the
right to take one or more additional tests;
new text end

new text begin (8) inform an individual who tests positive and is deemed ineligible for assistance
that the individual may reapply for assistance one year after the date of the positive drug
test unless the individual meets the requirements of subdivision 3. If the individual tests
positive again, the individual is ineligible to receive assistance for three years after the
date of the second positive drug test unless the individual meets the requirement of
subdivision 3; and
new text end

new text begin (9) provide any individual who tests positive with a list of licensed substance abuse
treatment providers available in the area in which the individual resides that meet the
requirements of chapter 148C. The state is not responsible for providing or paying for
substance abuse treatment as part of the screening conducted under this section.
new text end

new text begin Subd. 3. new text end

new text begin Positive drug test. new text end

new text begin An individual who tests positive under this section and
is denied assistance as a result may reapply for assistance after six months if the individual
can document the successful completion of a substance abuse treatment program offered
by a licensed provider that meets the requirements of chapter 148C. An individual who
has met the requirements of this subdivision and reapplies for assistance must also pass
an initial drug test and meet the requirements of subdivision 1. Any drug test conducted
while the individual is undergoing substance abuse treatment must meet the requirements
of subdivision 1. The cost of any drug testing and substance abuse treatment provided
under this subdivision is the responsibility of the individual being tested and receiving
treatment. An individual who fails the drug test required under subdivision 1 may reapply
for assistance under this subdivision once.
new text end

new text begin Subd. 4. new text end

new text begin Dependent children of ineligible individuals. new text end

new text begin If a parent is deemed
ineligible for assistance as a result of failing a drug test conducted under this section:
new text end

new text begin (1) the dependent child's eligibility for assistance is not affected;
new text end

new text begin (2) an appropriate protective payee shall be designated to receive assistance on
behalf of the child; and
new text end

new text begin (3) the parent may choose to designate another individual to receive assistance
for the parent's minor child. The designated individual must be an immediate family
member or, if an immediate family member is not available or the family member declines
the option, another individual, approved by the commissioner, may be designated. The
designated individual must also undergo drug testing before being approved to receive
assistance on behalf of the child. If the designated individual tests positive for controlled
substances, the individual is ineligible to receive assistance on behalf of the child.
new text end

new text begin Subd. 5. new text end

new text begin Rulemaking authority. new text end

new text begin The commissioner shall adopt rules to implement
this section.
new text end

Sec. 2. new text beginEFFECTIVE DATE.
new text end

new text begin Section 1 is effective July 1, 2012.
new text end