130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

S. B. No. 178  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 178


Senator Schaffer 

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.
Please send questions and comments to the Webmaster.
© 2024 Legislative Information Systems | Disclaimer