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S. B. No. 69 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Senator Manning
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)(1) Division (B) of this section does not apply to a
need-based program funded in whole or in part with federal funds
unless either of the following is the case:
(a) The federal agency responsible for the program's
administration approves the application of division (B) of this
section to the program;
(b) Application of division (B) of this section to the
program would not cause the state to lose federal funding for the
program.
(2) 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 unless the
federal agency responsible for the program's administration is not
authorized by federal law, expressly or otherwise, to grant such
approval.
(D) This section does not apply to unemployment compensation
benefits paid pursuant to Chapter 4141. of the Revised Code.
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