PRINTER'S NO. 1409
No. 1256 Session of 1997
INTRODUCED BY FLICK, DRUCE, ZUG, BARLEY, ADOLPH, BELARDI,
SANTONI, BARRAR, ROSS, NAILOR, ARMSTRONG, CLARK, SHANER,
FAIRCHILD, READSHAW, SEMMEL, DeLUCA, BROWN, CORNELL, GEORGE,
DENT, FEESE, LEDERER, HERSHEY, LYNCH, E. Z. TAYLOR, ALLEN,
WOGAN, PLATTS, STERN, ARGALL, HALUSKA, TRAVAGLIO, EGOLF,
FARGO, SATHER, SERAFINI, DiGIROLAMO, WAUGH, TRUE, CASORIO,
MAITLAND, HUTCHINSON, B. SMITH, MARKOSEK, SAYLOR, MAYERNIK,
PHILLIPS, FLEAGLE, HERMAN, CLYMER, STEVENSON, MARSICO,
TRELLO, ROHRER, GEIST, MELIO, COY, BENNINGHOFF AND BOSCOLA,
APRIL 8, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 8, 1997
AN ACT
1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2 act to consolidate, editorially revise, and codify the public
3 welfare laws of the Commonwealth," further providing for
4 definitions and for eligibility; and providing for a drug
5 testing program.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 402 of the act of June 13, 1967 (P.L.31,
9 No.21), known as the Public Welfare Code, is amended by adding
10 definitions to read:
11 Section 402. Definitions.--As used in this article, unless
12 the content clearly indicates otherwise:
13 * * *
14 "Drug" means a substance, other than alcohol, that is known
15 to have mind-altering or function-altering effects on a human
1 being. The term includes a controlled substance as defined in
2 section 802(6) of the Federal Food, Drug, and Cosmetic Act (52
3 Stat. 1040, 21 U.S.C. § 301 et seq.), a substance listed in 21
4 CFR Pt. 1308 (relating to schedules of controlled substances), a
5 controlled substance as defined in section 4 of the act of April
6 14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
7 Drug, Device and Cosmetic Act," and a controlled substance
8 analog or volatile substance which produces the psychological
9 and physiological effects of a controlled substance through
10 deliberate inhalation, ingestion or injection.
11 * * *
12 "Prescription or nonprescription medication" means a drug
13 prescribed for use by a physician or other medical practitioner
14 licensed to issue prescriptions or a drug that is authorized for
15 general distribution and use in the treatment of human disease
16 or injuries under the Federal Food, Drug, and Cosmetic Act (52
17 Stat. 1040, 21 U.S.C. § 301 et seq.).
18 * * *
19 Section 2. Article IV of the act is amended by adding a
20 subarticle to read:
21 (n) Drug Testing
22 Section 494. Definitions.--As used in this subarticle:
23 "Drug test" means a test, approved by the Department of
24 Health, whether random or follow-up, administered for the
25 purpose of determining the presence or absence of drugs within a
26 person's body.
27 "Public assistance" means assistance granted under the
28 provisions of section 432, including, but not limited to,
29 general assistance and aid to families with dependent children.
30 With regard to an aid to families with dependent children
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1 recipient, the term shall refer to only that portion of the
2 family aid to families with dependent children grant
3 specifically allocated by formula to the recipient.
4 Section 494.1. Drug Testing.--(a) Pursuant to the
5 provisions of section 405.3(7), the department shall establish a
6 program for the drug testing of public assistance recipients.
7 (b) The department shall promulgate rules or regulations
8 necessary to implement the drug testing program.
9 (c) It is the intent of the General Assembly that the drug
10 testing program be continuously evaluated. The department shall
11 be required to analyze the program and submit a report detailing
12 the findings of the evaluation to the Governor and the General
13 Assembly. The report shall include, but not be limited to, the
14 number of recipients tested, the results of the drug testing by
15 recipient's eligibility category, the number of recipients who
16 refused to submit to drug testing and the number of recipients
17 who entered and either successfully or unsuccessfully completed
18 a drug rehabilitation program.
19 Section 494.2. Failure to Submit to Drug Test or Failure of
20 Drug Test.--(a) A public assistance recipient who is determined
21 to have used a drug which is not a prescription or
22 nonprescription medication or which usage is in violation of any
23 Federal or State law or regulation or who refuses to submit to
24 drug testing shall not receive assistance until the recipient
25 submits to the test, tests drug free and otherwise qualifies for
26 assistance.
27 (b) If the public assistance recipient agrees to participate
28 in an available drug and alcohol program licensed or approved by
29 the Department of Health or administered by an agency of the
30 Federal Government, the public assistance received by that
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1 recipient shall continue for as long as the recipient otherwise
2 qualifies for the assistance, but not beyond any applicable
3 eligibility period specified in this act. If the recipient
4 refuses to agree to participate in an available drug
5 rehabilitation program or fails to successfully complete the
6 program, then the recipient shall no longer receive public
7 assistance until the recipient resubmits to the drug test, tests
8 drug free and otherwise qualifies for assistance.
9 Section 494.3. Expansion of Available Drug and Alcohol
10 Rehabilitation Services.--For the purposes of this subarticle, a
11 new category of drug and alcohol rehabilitation provider shall
12 be established. A service provider shall be deemed an approved
13 drug and alcohol program based upon the success rate of the
14 program, as defined by the Department of Health. The Department
15 of Health shall promulgate rules and regulations to carry out
16 the provisions of this section.
17 Section 3. Within 90 days of the effective date of this act,
18 the Department of Public Welfare shall submit to the appropriate
19 Federal agency a request for any and all waivers of Federal law
20 and regulations and for any other approvals by the Federal
21 Government necessary for the implementation of this act. It
22 shall be the obligation of the Department of Public Welfare to
23 enter into good faith negotiations with appropriate Federal
24 authorities and to make every effort to obtain the necessary
25 Federal waivers and approvals.
26 Section 4. This act shall take effect in 60 days.
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