1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An 
2act to consolidate, editorially revise, and codify the public 
3welfare laws of the Commonwealth," providing for the 
4screening for illegal drug use by certain applicants for 
5assistance.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The act of June 13, 1967 (P.L.31, No.21), known 
9as the Public Welfare Code, is amended by adding a section to 
10read:

11Section 432.25. Screening for Illegal Drug Use.--(a) The 
12department shall develop and implement a drug test and drug 
13retest program approved by the Department of Health to screen 
14applicants for and recipients of cash assistance benefits. Each 
15applicant or recipient over eighteen years of age but under 
16sixty-five years of age must meet the requirements of this 
17section as a condition for receiving cash assistance benefits.

18(b) Under the screening for the drug test and retest program
19the department shall:

1(1) Require that recipients already receiving cash
2assistance benefits as of the effective date of this section be
3scheduled to be tested at the time their request for assistance
4is reviewed.

5(2) Develop and implement a system for randomly testing no
6less than 5% of the individuals receiving cash assistance
7benefits during each six-month period following the effective
8date of this section who are subject to testing for the presence
9of illegal drugs under this section.

10(3) Provide advance notice or a reasonable opportunity for
11advance notice to each applicant for or recipient of cash
12assistance benefits of screening pursuant to this section
13advising that:

14(i) a drug testing requirement is a condition for the
15receipt of cash assistance benefits; and

16(ii) the required testing may be avoided by not applying for
17or receiving cash assistance benefits.

18The department may require each applicant and recipient to sign
19a written acknowledgment that the applicant or recipient has
20received and understands the notice and advice.

21(4) Deny cash assistance benefits to any individual who
22refuses to take the drug test or drug retest required by this
23section and terminate the cash assistance benefits of any
24recipient who refuses to submit to the random drug test required
25by this section.

26(c) An individual who is denied cash assistance benefits or
27whose cash assistance benefits are terminated because the
28individual failed to pass a drug retest after failing to pass a
29drug test shall be ineligible for cash assistance benefits for a
30twelve-month period beginning with the date of the denial or

1termination, unless a lesser period is mandated under Federal
2law.

3(d) (1) No applicant who fails the drug test may be
4entitled to cash assistance benefits until the applicant passes
5a drug retest, regardless of whether the applicant appeals the
6test results.

7(2) A recipient of cash assistance benefits may continue to
8receive cash assistance benefits for a period of not more than
9sixty days after failing a drug test if the recipient files a
10departmental appeal of the results of the drug test within
11fifteen days following the administration of the test. The
12department shall decide the appeal within this sixty-day period.

13(3) The drug test required by this subsection shall be
14administered by the department within sixty days after the final
15failure to pass the drug test required under this section.

16(4) If a recipient fails a drug test, the recipient shall be
17deemed an applicant for purposes of any drug retest provided for
18under this section.

19(e) Testing under this section shall be limited solely to
20the detection of the use of illegal drugs and shall not be
21conducted or used for any other purpose. The department shall
22not develop or implement any procedure designed to advise law
23enforcement authorities as to whether an applicant or recipient
24has failed a screening test under this section.

25(f) The following words and phrases, when used in this
26section, shall have the meanings given to them in this
27subsection unless the context clearly indicates otherwise:

28"Cash assistance benefits" means cash benefits authorized 
29under the Federal temporary assistance to needy families 
30program, authorized as general assistance as provided for in 

1section 432(3) or benefits authorized under a medical assistance 
2program of the Commonwealth.

3"Drug" or "illegal drug" means a "controlled substance" as 
4defined in section 2 of the act of April 14, 1972 (P.L.233, 
5No.64), known as "The Controlled Substance, Drug, Device and 
6Cosmetic Act."

7"Drug test" or "drug retest" means a test that involves the 
8collection of a urine sample for the purpose of determining the 
9presence of a "controlled substance" as defined in section 2 of 
10the act of the act of April 14, 1972 (P.L.233, No.64), known as 
11"The Controlled Substance, Drug, Device and Cosmetic Act."

12"Drug treatment program" means a public, nonprofit or other 
13nonpublic program for the assessment, treatment and 
14rehabilitation of persons who use illegal drugs that shall not 
15exceed thirty days for purposes of this section.

16"Drug use" or "illegal drug use" means the use of a 
17"controlled substance" in violation of the act of April 14, 1972 
18(P.L.233, No.64), known as "The Controlled Substance, Drug, 
19Device and Cosmetic Act," or any other law.

20Section 2. This act shall take effect in 60 days.