56-209j. SUBSTANCE ABUSE SCREENING AND TESTING PROGRAMS. (1) The department of health and welfare shall develop for implementation in fiscal year 2001, a program to screen each applicant who is otherwise eligible for temporary cash assistance provided under this chapter, and to subject to testing any applicant or participant who the department has reasonable suspicion to believe, based on the screening or other factors, is at risk of substance abuse.

(2) Prior to the first regular session of the fifty-sixth Idaho legislature, the department shall promulgate the necessary rules, pursuant to chapter 52, title 67, Idaho Code, to govern substance abuse screening and testing for TAFI programs. Rules shall, at a minimum:

(a) Specifically address the confidentiality of the screening and test results, and provide that individual results are protected under section 74-106(6), Idaho Code, and are not subject to disclosure except to an evaluating or treating substance abuse program, and cannot be released for use in any criminal investigation or proceeding;

(b) Provide notice of screening and testing requirements to each applicant at the time of application. The notice must, at a minimum, advise the applicant that substance abuse screening and possible testing will be conducted as a condition for receiving temporary assistance or services under this chapter. The applicant shall be advised that the required screening and possible testing may be avoided if the applicant does not apply for or receive assistance or services. The screening and testing program is not applicable in child only cases;

(c) Develop procedures for substance abuse screening and testing of applicants for and recipients of temporary assistance or services under the TAFI program;

(d) Provide a procedure to advise each person to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication he or she is taking;

(e) Require each person to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (a) and (d) of this subsection;

(f) Provide a procedure to assure each person being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state’s need to ensure the reliability of the sample;

(g) Specify circumstances under which a person who tests positive has the right to take one (1) or more additional tests;

(h) Provide a procedure for appealing the results of a test by a person who tests positive, and denial of TAFI services or benefits;

(i) Provide a definition for reasonable suspicion and high risk;

(j) Delineate the substances which will be screened;

(k) Establish outcome measures which can substantiate program effectiveness.

History:

[56-209j, added 2000, ch. 467, sec. 2, p. 1448; am. 2015, ch. 141, sec. 152, p. 498.]