KY Legislature - Setting a New Standard
Posted: Wed Jan 26, 2011 10:26 pm
I have not yet formed an opinion about this. On one hand I say, good if they can afford drugs, they do not need taxpayer assistance. On the other, I say this is just creating bigger government.
My guess is that if this passes and is implemented, it will take less than 20 seconds before the first legal challenge is filed.KY HB208 wrote:
(10) (a) The cabinet shall design and implement a substance abuse screening program for adult persons receiving or seeking to receive monetary public assistance, food stamps under the federal food stamp program, or assistance under the state medical assistance program, with the screening program including periodic testing of the person's blood or urine for the presence of controlled substances as set out in this section.
(b) An adult person shall be ineligible for public assistance if:
1. The person does not participate in the substance abuse screening program established under this section; or
2. The person tests positive in a substance abuse test administered by the program for the presence of:
a. A schedule I controlled substance; or
b. A schedule II - V controlled substance not prescribed for that person.
(c) The substance abuse testing component of the screening program shall be designed so as to require that testing occurs as an initial condition precedent prior to the receipt of public assistance and once for each subsequent year the adult person receives public assistance, with the person being randomly assigned a month within that year to submit to testing upon receipt of reasonable notice from the cabinet.
(d) The results of testing conducted under this subsection shall not be admissible in any criminal proceeding without the consent of the person tested.
(e) The secretary shall by administrative regulation prescribe the design, operation, and standards for the implementation of this section.