Utah Code 35A-3-304.5. Drug testing requirements

35A-3-304.5. Drug testing requirements.

(1)

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Terms Used In Utah Code 35A-3-304.5

Applicant: means a person who requests assistance under this chapter. See Utah Code 35A-3-102
Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102
Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
Employment plan: means a written agreement between the department and a client that describes:

(a)	the relationship between the department and the client;

(b)	the obligations of the department and the client; and

(c)

the result if an obligation is not fulfilled by the department or the client. See Utah Code 35A-1-102

Licensed clinical therapist: means an individual licensed by the state under:

(a)

(b)

(c)

4; or

(d)

Title 58, Chapter 61, Psychologist Licensing Act. See Utah Code 35A-3-102

Parent recipient: means a person who enters into an employment plan with the department to qualify for cash assistance under 3. See Utah Code 35A-3-102

Person: means :Utah Code 68-3-12.5

Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102

(a)

If the results of the written questionnaire described in Subsection 35A-3-304(2) indicate a reasonable likelihood that a parent recipient may have a substance use disorder involving the misuse of a controlled substance, the department shall require the parent recipient to meet with a licensed clinical therapist and be evaluated for a potential substance use disorder involving the misuse of a controlled substance.

(b)

If the licensed clinical therapist determines that there is a reasonable likelihood that the parent recipient may have a substance use disorder involving the misuse of a controlled substance, the department shall require the parent applicant to take a drug test at the department’s expense in order to continue to receive cash assistance under this part.

(2)

If a parent recipient refuses to meet with a licensed clinical therapist or take a drug test if required under Subsection (1), the department shall terminate cash assistance under this part and the parent recipient may not reapply for cash assistance under this part for:

(a)	90 days after a first refusal to meet with a licensed clinical therapist or take a drug test; or

(b)	one year after a second refusal to meet with a licensed clinical therapist or take a drug test within one year.

(3)	A drug test given under this section shall be administered with due regard to the privacy and dignity of the person being tested.

(4)	Before taking a drug test under this section, a parent recipient may advise the person administering the test regarding any prescription or over-the-counter medication the parent recipient is taking.

(5)	The result of a drug test given under this section is a private record in accordance with Section 63G-2-302 and disclosure to a third party is prohibited except as provided under Title 63G, Chapter 2, Government Records Access and Management Act.

(6)	If a parent recipient tests negative for the unlawful use of a controlled substance after taking a drug test under Subsection (1), the parent recipient is eligible for cash assistance, subject to the other eligibility requirements of this part.

(7)

If a parent recipient tests positive for the unlawful use of a controlled substance after taking a drug test under Subsection (1), the parent recipient:

(a)	shall be given a list of approved substance use disorder treatment providers that are available in the area in which the individual resides; and

(b)

may continue to receive benefits if the parent recipient enters into and follows the requirements of the parent recipient’s employment plan, including:

(i)	receiving treatment, at the department’s expense, from an approved substance use disorder treatment provider for at least 60 days;

(ii)

testing negative for the unlawful use of a controlled substance:

(A)	in each subsequent drug test required by department rule during treatment; and

(B)	in an additional drug test given at the conclusion of treatment; and

(iii)

meeting the other requirements of receiving cash assistance under this part.

(8)

(a)

The department shall terminate cash assistance under this part, if a parent recipient:

(i)	declines to enter into an employment plan required by Subsection (7); or

(ii)	enters into, but fails to meet, a requirement of an employment plan under Subsection (7), including if the parent recipient refuses to take a drug test required by the employment plan or tests positive for the unlawful use of a controlled substance in a drug test required by the employment plan.

(b)

A parent recipient whose cash assistance has been terminated under Subsection (8)(a) may not reapply for cash assistance under this part for:

(i)	except as provided in Subsection (8)(b)(ii), 90 days after the day on which the department determines, under this Subsection (8), that the parent recipient is no longer eligible for cash assistance; or

(ii)

one year after the day on which the department determines, under this Subsection (8), that the parent recipient is no longer eligible for cash assistance, if the department has previously determined on at least one other occasion in the past year that the parent recipient is no longer eligible for cash assistance under this Subsection (8).

Amended by Chapter 105, 2016 General Session

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