HB-6481, As Passed House, September 21, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6481

     A bill to amend 1939 PA 280, entitled

"The social welfare act,"

by amending section 57l (MCL 400.57l), as added by 1999 PA 17.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 57l. (1) Subject to subsection (2), the  family

independence agency  department may require a recipient to submit

to substance abuse testing as a condition for family independence

assistance eligibility under this act if a department employee has

reasonable suspicion of substance abuse by the recipient.

     (2)  The family independence agency  Not sooner than January

1, 2007, the department shall implement a pilot program of

suspicion-based substance abuse testing as a condition for family

independence assistance eligibility  in at least 3 counties,

including random substance abuse testing. It is the intent of the

legislature that a statewide program of substance abuse testing of

family independence assistance recipients, including random

substance abuse testing, be implemented before April 1, 2003.

However, statewide implementation of the substance abuse testing

program shall not begin until all of the following have been

completed:

     (a) The pilot programs have first been evaluated by the

department and the evaluation has been submitted to the

legislature.

     (b) The evaluation under subdivision (a) includes at least the

factors enumerated in subsection (5)(a) through (d) as well as an

analysis of the pilot program.

     (c) Six months have passed since the evaluation required in

subdivision (a) has been submitted to the legislature. according

to a protocol that includes all of the following steps:

     (a) The department administers a substance abuse survey to

each recipient and after administering the survey, the department

employee has a reasonable suspicion of substance abuse by the

recipient.

     (b) A substance abuse professional screens the individual for

suspicion of substance abuse using an empirically validated

substance abuse screening tool in a 1-on-1 contact.

     (c) The substance abuse professional gathers additional

information about the individual, including information gathered

from a drug-screening test.

     (d) The substance abuse professional determines the level of

treatment needed and makes the appropriate referral.

     (3) An individual described in section 57b shall not be

considered to have tested positive for substance abuse until the

sample has been retested to rule out a false positive by gas

chromatography with mass spectrometry, gas chromatography, high

performance liquid chromatography, or an equally, or more, specific

test using the same sample obtained for the original test. An

individual described in section 57b who tests positive for

substance abuse under this section shall agree to and participate

in substance abuse assessment and comply with a required substance

abuse treatment plan. Failure to comply with a substance abuse

assessment or treatment plan shall be penalized in the same manner

as a work first program violation imposed under section 57d or 57g.

An individual is exempt from substance abuse testing authorized by

this section if the individual is participating in a substance

abuse rehabilitation program that the individual was ordered to

participate in by a circuit court that has established procedures

to expedite the closing of criminal cases involving a crime

established under part 74 of the public health code, 1978 PA 368,

MCL 333.7401 to 333.7461.

     (4) Before implementing substance abuse testing under this

section, the  family independence agency  department shall notify

the senate and house of representatives standing committees having

jurisdiction over this act and the senate and house of

representatives appropriations subcommittees having jurisdiction

over the  family independence agency  department budget of the

planned implementation.

     (5) If the  family independence agency  department implements

substance abuse testing as authorized and required by this section,

the  family independence agency  department shall submit an annual

report on the testing program to the senate and house of

representatives standing committees having jurisdiction over this

act and the senate and house of representatives appropriations

subcommittees having jurisdiction over the  family independence

agency  department budget. The annual report shall include at least

all of the following information for the preceding year:

     (a) The number of individuals tested, the substances tested

for, the results of the testing, and the number of referrals for

treatment.

     (b) The costs of the testing and the resulting treatment.

     (c) Sanctions, if any, that have been imposed on recipients as

a result of the testing program.

     (d) The percentage and number of households receiving family

independence assistance that include an individual who has tested

positive for substance abuse under the program and that also

include an individual who has been named as a perpetrator in a case

classified as a central registry case under the child protection

law, 1975 PA 238, MCL 722.621 to 722.638.

     (6) The substance abuse testing authorized and required by

this section does not apply to an individual 65 years old or older.