<p> 1 BILL AS INTRODUCED H.6 2 2003 Page 1 3 4 1 H.6</p><p>2 Introduced by Representative Mazur of South Burlington</p><p>3 Referred to Committee on </p><p>4 Date: </p><p>5 Subject: Human services; reach up program; substance abuse testing </p><p>6 Statement of purpose: This bill proposes to implement a pilot program of </p><p>7 substance abuse testing as a condition of receiving assistance under Vermont’s </p><p>8 reach up program.</p><p>9 AN ACT RELATING TO DRUG TESTING OF REACH UP 10 RECIPIENTS</p><p>11 It is hereby enacted by the General Assembly of the State of Vermont: </p><p>12 Sec. 1. 33 V.S.A. § 1109 is added to read:</p><p>13 § 1109. SUBSTANCE ABUSE TESTING AS A CONDITION OF </p><p>14 ELIGIBILITY</p><p>15 (a) Subject to subsection (b) of this section, the commissioner shall require </p><p>16 substance abuse testing as a condition for reach up eligibility.</p><p>17 (b) The commissioner shall adopt rules for the implementation of a pilot </p><p>18 program of substance abuse testing as a condition for reach up eligibility in at </p><p>19 least three counties, including random substance abuse testing. It is the intent </p><p>20 of the legislature that a statewide program of substance abuse testing of </p><p>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</p><p>2 before April 1, 2006. However, statewide implementation shall not begin until</p><p>3 all of the following have been completed:</p><p>4 (1) The pilot programs have been evaluated by the department and the </p><p>5 evaluation submitted to the legislature.</p><p>6 (2) The evaluation under subdivision (1) of this subsection includes at </p><p>7 least the factors enumerated in subdivisions (d)(1) through (4) as well as an </p><p>8 analysis of the pilot program.</p><p>9 (3) Six months have passed since the evaluation required in subdivision </p><p>10 (1) of this subsection has been submitted to the legislature.</p><p>11 (4) An individual shall not be considered to have tested positive for </p><p>12 substance abuse until the sample has been retested to rule out a false positive </p><p>13 by gas chromatography with mass spectrometry, gas chromatography, high </p><p>14 performance liquid chromatography, or an equally or more specific test using </p><p>15 the same sample obtained for the original test. An individual who tests </p><p>16 positive for substance abuse under this section shall agree to and participate in </p><p>17 a substance abuse assessment and comply with a required substance abuse </p><p>18 treatment plan. Failure to comply with a substance abuse assessment or </p><p>19 treatment plan shall be penalized in the same manner as provided in section </p><p>20 1116 of this title. An individual is exempt from substance abuse testing </p><p>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 </p><p>2 substance abuse rehabilitation program.</p><p>3 (c) Before implementing substance abuse testing under this section, the </p><p>4 department shall notify the senate and house of representatives’ committees on </p><p>5 appropriations and the standing committees having jurisdiction over this </p><p>6 section.</p><p>7 (d) Once the department implements substance abuse testing as authorized </p><p>8 by this section, it shall submit in December of each year a report on the testing </p><p>9 program to the senate and house of representatives’ committees on </p><p>10 appropriations and standing committees having jurisdiction over this act. The </p><p>11 annual report shall include at least all of the following information for the </p><p>12 preceding year:</p><p>13 (1) The number of individuals tested, the substances tested for, the </p><p>14 results of the testing, and the number of referrals for treatment.</p><p>15 (2) The costs of the testing and the resulting treatment.</p><p>16 (3) Sanctions, if any, imposed on recipients as a result of the testing </p><p>17 program.</p><p>18 (4) The percentage and number of households receiving reach up </p><p>19 assistance that include an individual who has tested positive for substance </p><p>20 abuse under the program and that also include an individual who has been </p><p>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 </p><p>2 Title 13.</p><p>3 (e) Substance abuse testing authorized by this section does not apply to an </p><p>4 individual 65 years of age or older.</p><p>5 www.leg.state.vt.us</p>