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," in general powers and
4duties of the Department of Public Welfare, providing for the
5testing of applicants for illegal drug use.

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 216. Testing Applicants for Illegal Drug Use.--(a)
12The department shall establish and administer a program to 
13screen an individual applying for or renewing benefits at a 
14county assistance office for drug use if the employee has 
15reasonable cause to believe the individual is under the 
16influence of a controlled substance.

17(b) The program under subsection (a) shall consist of at

1least the following:

2(1) A written questionnaire designed to determine the
3likelihood of an applicant having a controlled substance abuse
4disorder.

5(2) Disclosure at the time of application or renewal that,
6upon reasonable suspicion by an employe at the county assistance
7office that the individual is under the influence of a
8controlled substance, the individual may be asked to submit to a
9drug test.

10(3) Mandatory training for each employe of the county
11assistance office who assists, counsels or advises an individual
12applying for benefits on the signs, symptoms and characteristics
13of the use of a controlled substance.

14(4) A policy for obtaining an immediate drug test from an
15individual if there is reasonable cause to suspect the
16individual is currently under the influence of a controlled
17substance.

18(c) The following limitations shall apply:

19(1) To the extent not prohibited by Federal law, the
20department shall administer a drug test on individuals
21determined likely to have a substance abuse disorder based on
22the individual's responses on the questionnaire under subsection
23(b)(1) or who have been identified by a county assistance office
24employe as being under the influence of a controlled substance.

25(2) The results of the drug test under paragraph (1) shall
26not be disseminated beyond the department and the Department of
27Corrections to the extent the individual is required to be drug
28tested as part of a parole agreement.

29(d) The department may contract with a nonprofit
30association, corporation or government agency or combination

1thereof to administer drug tests on those individuals identified
2under subsection (b)(1) and (4).

3(e) An individual who tests positive for a controlled
4substance shall be subject to the following:

5(1) (i) For the first positive drug test, an individual
6shall be provided an assessment for addiction and an assessment
7for treatment for addiction as indicated by treatment criteria
8developed by the Department of Drug and Alcohol Programs.
9Assessments shall be conducted by the Single County Authority on
10drugs and alcohol or designee.

11(ii) The recommended treatment shall be provided by
12facilities licensed by the Division of Drug and Alcohol Program
13Licensure in the Department of Drug and Alcohol Programs.

14(iii) Medicaid eligibility and determinations shall be
15expedited to ensure access to assessment and addiction treatment
16through Medicaid. If the individual cooperates with the
17assessment and treatment, no penalty shall be imposed.

18(iv) If the individual refuses to cooperate with the
19assessment and treatment, public assistance provided to the
20individual shall be suspended for six months.

21(v) The department must notify the individual of the
22positive drug test no later than seven days after receipt of the
23drug test results and that the suspension in public assistance,
24if the individual is receiving any, will begin on the next
25scheduled distribution of public assistance.

26(vi) After suspension, an individual may reapply for public
27assistance after submitting to a retest.

28(2) (i) For a second positive drug test or positive drug
29retest after prior suspension, the public assistance to which
30the individual is otherwise entitled, if any, shall be suspended

1for twelve months.

2(ii) The department must notify the individual of the
3positive drug test no later than seven days after receipt of the
4drug test results and that the suspension in public assistance,
5if the individual is receiving any, shall begin on the next
6scheduled distribution of public assistance.

7(iii) After suspension, an individual may reapply for public
8assistance after submitting to a retest.

9(3) For a third positive drug test or second positive drug
10retest after prior suspension, the individual may no longer
11apply for or receive public assistance.

12(f) A refusal to submit to a drug test after identification
13of a reasonable suspicion of controlled substance use by the
14county assistance employe or refusal to submit to a retest after
15prior suspension shall be treated as a positive drug test and
16subject to the penalties in subsection (e).

17(g) As used in this section, the term "controlled substance"
18shall mean any substance designated as such under the act of
19April 14, 1972 (P.L.233, No.64), known as The Controlled
20Substance, Drug, Device and Cosmetic Act.

21Section 2. This act shall take effect in 60 days.