Introduced by Representative Mazur of South Burlington

1 BILL AS INTRODUCED H.6 2 2003 Page 1 3 4 1 H.6

2 Introduced by Representative Mazur of South Burlington

3 Referred to Committee on

4 Date:

5 Subject: Human services; reach up program; substance abuse testing

6 Statement of purpose: This bill proposes to implement a pilot program of

7 substance abuse testing as a condition of receiving assistance under Vermont’s

8 reach up program.

9 AN ACT RELATING TO DRUG TESTING OF REACH UP 10 RECIPIENTS

11 It is hereby enacted by the General Assembly of the State of Vermont:

12 Sec. 1. 33 V.S.A. § 1109 is added to read:

13 § 1109. SUBSTANCE ABUSE TESTING AS A CONDITION OF

14 ELIGIBILITY

15 (a) Subject to subsection (b) of this section, the commissioner shall require

16 substance abuse testing as a condition for reach up eligibility.

17 (b) The commissioner shall adopt rules for the implementation of a pilot

18 program of substance abuse testing as a condition for reach up eligibility in at

19 least three counties, including random substance abuse testing. It is the intent

20 of the legislature that a statewide program of substance abuse testing of

5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.6 2 2003 Page 2 3 4 1 reach up recipients, including random substance abuse testing, be implemented

2 before April 1, 2006. However, statewide implementation shall not begin until

3 all of the following have been completed:

4 (1) The pilot programs have been evaluated by the department and the

5 evaluation submitted to the legislature.

6 (2) The evaluation under subdivision (1) of this subsection includes at

7 least the factors enumerated in subdivisions (d)(1) through (4) as well as an

8 analysis of the pilot program.

9 (3) Six months have passed since the evaluation required in subdivision

10 (1) of this subsection has been submitted to the legislature.

11 (4) An individual shall not be considered to have tested positive for

12 substance abuse until the sample has been retested to rule out a false positive

13 by gas chromatography with mass spectrometry, gas chromatography, high

14 performance liquid chromatography, or an equally or more specific test using

15 the same sample obtained for the original test. An individual who tests

16 positive for substance abuse under this section shall agree to and participate in

17 a substance abuse assessment and comply with a required substance abuse

18 treatment plan. Failure to comply with a substance abuse assessment or

19 treatment plan shall be penalized in the same manner as provided in section

20 1116 of this title. An individual is exempt from substance abuse testing

5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.6 2 2003 Page 3 3 4 1 authorized by this section if the individual is participating in a court-ordered

2 substance abuse rehabilitation program.

3 (c) Before implementing substance abuse testing under this section, the

4 department shall notify the senate and house of representatives’ committees on

5 appropriations and the standing committees having jurisdiction over this

6 section.

7 (d) Once the department implements substance abuse testing as authorized

8 by this section, it shall submit in December of each year a report on the testing

9 program to the senate and house of representatives’ committees on

10 appropriations and standing committees having jurisdiction over this act. The

11 annual report shall include at least all of the following information for the

12 preceding year:

13 (1) The number of individuals tested, the substances tested for, the

14 results of the testing, and the number of referrals for treatment.

15 (2) The costs of the testing and the resulting treatment.

16 (3) Sanctions, if any, imposed on recipients as a result of the testing

17 program.

18 (4) The percentage and number of households receiving reach up

19 assistance that include an individual who has tested positive for substance

20 abuse under the program and that also include an individual who has been

5 www.leg.state.vt.us 1 BILL AS INTRODUCED H.6 2 2003 Page 4 3 4 1 identified as a sex offender in the sex offender registry, under section 5402 of

2 Title 13.

3 (e) Substance abuse testing authorized by this section does not apply to an

4 individual 65 years of age or older.

5 www.leg.state.vt.us