HB 1003-5_ Filed 02/21/2011, 11:27 Vandenburgh


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1003 be amended to read as follows:

SOURCE: Page 2, line 24; (11)MO100327.2. -->     Page 2, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 20-51-1-4.3; (11)MO100327.4. -->     "SECTION 4. IC 20-51-1-4.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4.3. "Drug test" means a test that contains at least a five (5) drug panel that tests for the following:
        (1) Amphetamines.
        (2) Cocaine.
        (3) Opiates (2,000 ng/ml).
        (4) PCP.
        (5) THC.
A drug test described in this section must be performed at a United States Department of Health and Human Services certified laboratory, with specimen collection performed by a collector certified by the United States Department of Transportation and the cost of the drug test paid by the department.
".
SOURCE: Page 2, line 37; (11)MO100327.2. -->     Page 2, line 37, delete "and".
    Page 3, line 5, delete "IC 20-51-4." and insert " IC 20-51-4; and
        (6) is (if the child has not been placed in a foster home or residential child care facility that is required to be licensed or is licensed under IC 31-27) the child of custodial parents or the ward of a guardian who the department finds has tested negative for drugs after a drug test given on behalf of the department.
".
    Page 5, line 6, delete "An" and insert " (a) Subject to subsection

(b), an".
    Page 5, between lines 8 and 9, begin a new paragraph and insert:
    " (b) This subsection does not apply if the individual has been placed in a foster home or residential child care facility that is required to be licensed or is licensed under IC 31-27. An individual is ineligible for a choice scholarship if the custodial parents or guardian of the individual:
        (1) tested positive for drugs after a drug test given on behalf of a prospective employer; or
        (2) refused to submit to a drug test.
".
    Page 8, after line 8, begin a new paragraph and insert:
    " Sec. 12. (a) This section does not apply if an individual has been placed in a foster home or residential child care facility that is required to be licensed or is licensed under IC 31-27.
    (b) An individual who is otherwise eligible for a choice scholarship may be disqualified for the choice scholarship if the custodial parents or guardian of the individual:
        (1) is found to have tested positive for drugs after a drug test is given on behalf of a prospective employer; or
        (2) refuses to submit to a drug test;
after an offer of a choice scholarship has been made or as a prerequisite to an offer of a choice scholarship. For purposes of this chapter, the failure to report for a scheduled drug test does not constitute a refusal to submit to a drug test unless the individual scheduled to be tested fails to reschedule and submit to a subsequent drug test not later than seventy-two (72) hours after the original time and date the individual was required to submit to a drug test.
    (c) The department may establish procedures for an eligible school to arrange for the drug tests required under this chapter. An eligible school that:
        (1) receives a report of a positive drug test that has been given on behalf of the department; or
        (2) is aware that an individual required to take a drug test has refused to submit to a drug test that would be given on behalf of the department;
shall immediately report the information in subdivision (1) or (2) to the department.
    (d) For purposes of this chapter, a drug test is not found to be positive unless:
        (1) a second confirmation test:
            (A) renders a positive result that has been performed by a SAMHSA (as defined in IC 22-10-15-3) certified laboratory on the same sample used for the first screen test using gas chromatography mass spectrometry for purposes of confirming or refuting the screen test results; and
            (B) has been reviewed by a licensed physician and:


                (i) the laboratory results described in clause (A);
                (ii) the individual's medical history; and
                (iii) other relevant biomedical information;
            confirm a positive result of the drug tests; or
        (2) the individual who has submitted to the drug test has no valid medical reason for testing positive for the substance found in the drug test.
    (e) Whenever the department receives a report under subsection (c) concerning an individual, the department shall provide written notice to the individual of the following:
        (1) That the department has received a report described in subsection (c) concerning the individual.
        (2) That the eligible individual may be disqualified for a choice scholarship under this section as the result of the report.
        (3) That the individual may appeal the report by requesting a hearing under IC 4-21.5-3.
    (f) An individual who is disqualified for a choice scholarship under subsection (a) may resume eligibility for a scholarship upon submission of a negative drug test to the department for the custodial parents or guardian of the individual.
    (g) The department shall adopt rules under IC 4-22-2 to effectuate this section to the extent authorized by federal law. The rules may include, but are not limited to, rules concerning:
        (1) the period of ineligibility for choice scholarships between the time that the drug test is given and a positive result is reported to the department;
        (2) the manner in which a subsequent negative drug test may be submitted to the department after a positive drug test has been reported;
        (3) any penalty against an eligible school that does not report the information in subsection (c); and
        (4) the manner by which a report of a false positive drug test may be appealed.

     (h) An individual filing for a choice scholarship shall be advised that the individual may be disqualified for the choice scholarship if the custodial parents or guardian of the individual:
        (1) is found to have a positive drug test after a drug test is given on behalf of a prospective employer; or
        (2) refuses to submit to a drug test;

after an offer of a choice scholarship has been made or as a prerequisite to an offer of a choice scholarship.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1003 as printed February 18, 2011.)

________________________________________

Representative VanDenburgh


MO100327/DI 51     2011