As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 69

Senator Schaffer 

Cosponsor: Senator Manning 

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A BILL

To enact section 9.71 of the Revised Code to

1

establish a drug testing requirement for adults

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who apply for need-based programs that provide

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cash assistance, medical assistance, housing

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assistance, food assistance, or energy assistance.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 9.71 of the Revised Code be enacted	6
to read as follows:	7

Sec. 9.71.  (A) As used in this section:

8

(1)(a) Except as provided in division (A)(1)(b) of this	9
section, "controlled substance problem" means that an individual	10
is determined by a chemical test to have a concentration of any of	11
the controlled substances specified in division (A)(1)(j) of	12
section 4511.19 of the Revised Code, or metabolites of such a	13
controlled substance, in the individual's urine that equals or	14
exceeds any of the applicable levels established in that division	15
for urine.	16

(b) An individual shall not be determined to have a	17
controlled substance problem if the individual obtained the	18
controlled substance pursuant to a prescription issued by a	19
licensed health professional authorized to prescribe drugs and the	20
individual injected, ingested, or inhaled the controlled substance	21
in accordance with the health professional's directions.	22

(2) "Licensed health professional authorized to prescribe	23
drugs" and "prescription" have the same meanings as in section	24
4729.01 of the Revised Code.	25

(B) Notwithstanding any other section of the Revised Code and	26
subject to divisions (C) and (D) of this section, a state agency	27
operating a need-based program that provides cash assistance,	28
medical assistance, housing assistance, food assistance, or energy	29
assistance shall require each individual eighteen years of age or	30
older who applies for the program to undergo, as a condition of	31
eligibility for the program, a urine drug test to determine	32
whether the individual has a controlled substance problem. An	33
individual eighteen years of age or older who refuses to undergo a	34
urine drug test or is determined by a urine drug test to have a	35
controlled substance problem is ineligible for the program for	36
which the individual applied and may not reapply sooner than	37
thirty days after the date of the refusal or determination.	38

(C)(1) Division (B) of this section does not apply to a	39
need-based program funded in whole or in part with federal funds	40
unless either of the following is the case:	41

(a) The federal agency responsible for the program's	42
administration approves the application of division (B) of this	43
section to the program;	44

(b) Application of division (B) of this section to the	45
program would not cause the state to lose federal funding for the	46
program.	47

(2) A state agency operating a need-based program that	48
provides cash assistance, medical assistance, housing assistance,	49
food assistance, or energy assistance that is funded in whole or	50
in part with federal funds shall seek federal approval to make	51
division (B) of this section apply to the program unless the	52
federal agency responsible for the program's administration is not	53
authorized by federal law, expressly or otherwise, to grant such	54
approval.	55

(D) This section does not apply to unemployment compensation	56
benefits paid pursuant to Chapter 4141. of the Revised Code.	57