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S. B. No. 178 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsor:
Senator Grendell
A BILL
To enact section 9.71 of the Revised Code to
establish a drug testing requirement for adults
who apply for need-based programs that provide
cash
assistance, medical assistance, housing
assistance, food assistance, or energy assistance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 9.71 of the Revised Code be enacted
to read as follows:
Sec. 9.71. (A) As used in this section:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "controlled substance problem" means that an individual
is determined by a chemical test to have a concentration of any of
the controlled substances specified in division (A)(1)(j) of
section 4511.19 of the Revised Code, or metabolites of such a
controlled substance, in the individual's urine that equals or
exceeds any of the applicable levels established in that division
for urine.
(b) An individual shall not be determined to have a
controlled substance problem if the individual obtained the
controlled substance pursuant to a prescription issued by a
licensed health professional authorized to prescribe drugs and the
individual injected, ingested, or inhaled the controlled substance
in accordance with the health professional's directions.
(2) "Licensed health professional authorized to prescribe
drugs" and "prescription" have the same meanings as in section
4729.01 of the Revised Code.
(B) Notwithstanding any other section of the Revised Code and
subject to divisions (C) and (D) of this section, a state agency
operating a need-based program that provides cash assistance,
medical
assistance, housing assistance, food assistance, or
energy
assistance shall require each individual eighteen years of
age or
older who applies for the program to undergo, as a
condition of
eligibility for the program, a urine drug test to
determine
whether the individual has a controlled substance
problem. An
individual eighteen years of age or older who refuses
to undergo a
urine drug test or is determined by a urine drug
test to have a
controlled substance problem is ineligible for the
program for
which the individual applied and may not reapply
sooner than
thirty days after the date of the refusal or
determination.
(C) Division (B) of this section shall not apply to any
need-based
program funded in whole or in part with federal funds
unless the
federal agency responsible for the program's
administration
approves the application of division (B) of this
section to the
program. A state agency operating a need-based
program that provides cash
assistance, medical assistance,
housing assistance, food
assistance, or energy assistance that is
funded in whole or in
part
with federal funds shall seek federal
approval to make
division
(B) of this section apply to the
program.
(D) This section does not apply to unemployment compensation
benefits paid pursuant to Chapter 4141. of the Revised Code.
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