Ala. Admin. Code r. 660-2-2-.42
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-2-2-.42 - Drug Screening Requirements(1) Adult applicants/recipients who are otherwise eligible for assistance must cooperate with the Department in activities needed to determine if reasonable suspicion exists that the adult uses or is under the influence of a drug and if reasonable suspicion exists by completing a drug screening.(2) Failure/refusal of the adult applicant to cooperate results in denial of the application for the entire assistance unit and loss of benefits for that application period, i.e., month of application through the month of disposition of the application. Failure/refusal of the adult applicant being added back to an existing assistance unit to cooperate results in denial of the application for that individual for that application period and case closure. Failure/refusal of the adult recipient to cooperate results in case closure.(3) Cooperation includes: attesting to the existence or not of any criminal convictions related to the use or distribution of a drug within five years prior to the date of application for assistance; providing information about recent use of a drug; and taking the initial or subsequent drug screenings within the timeframes established by the Department.(4) A positive drug screening without a valid prescription for the identified drug results in the following penalties: (a) For the first positive drug screening, the grantee relative (adult) will be issued a warning that subsequent positive tests will result in loss of benefits and that other random drug screenings will be required.(b) For the second positive drug screening, the grantee relative (adult) will be ineligible for benefits for one year. The ineligible grantee relative may continue to receive benefits on behalf of the assistance unit.(c) For the third positive drug screening, the grantee relative (adult) will be permanently ineligible to receive assistance either as a grantee relative or as a member of the (an) assistance unit. Payment to the assistance unit will be made to another relative living in the home or other protective payee pursuant to Department operating guidelines. The ineligible grantee relative may continue to receive benefits for other eligible assistance unit members for a temporary period while appointment of another grantee relative/ protective payee is being processed.(5) Responsibility for Costs of Drug Screening: (a) The cost of the initial drug screening is the responsibility of the Department.(b) The cost of any subsequent drug screening required by the Department is the responsibility of the person screened. The Department will reimburse the person for the cost of a required drug screening if the person tests negative.(c) The cost of a drug screening to contest the results of a positive drug screening is the responsibility of the person screened.(6) Definitions: (a) Drug: Includes all of the following: 1. A controlled substance for which a medical prescription or other legal authority is required for purchase or possession, including, but not limited to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate, a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant, or a metabolite of any of these substances.2. A drug whose manufacture, sale, use, or possession is forbidden by law.(b) Drug Screening: Any chemical, biological, or physical instrumental analysis conducted for the purpose of determining the presence or absence of a drug or its metabolites. Department operating guidelines specify the entity to be used for all drug screenings as well as the type drug screening to be conducted.(c) Adult: An individual age 18 or older.(d) Reasonable Suspicion: The existence of any criminal conviction for the use or distribution of a drug within five years prior to the date of application for assistance and recent drug use as defined in (e) below or a positive drug screening pursuant to this rule without a valid prescription.(e) Recent Drug Use: Use of an illegal drug (meaning a drug whose manufacture, sale, use or possession is forbidden by law) or use of a prescription medication for a non- medical reason (meaning just because of the feeling or experience it provides) within one year prior to the date of application.(f) Valid Prescription: A current written instruction by a medical practitioner that authorizes a patient be provided a medicine or treatment and which is provided to the patient by an entity licensed/certified to dispense medication, i.e. a drug store, hospital pharmacy, medical insurance program, etc.(7) Implementation of Rule: The provisions of this rule begin on October 1, 2015.Ala. Admin. Code r. 660-2-2-.42
Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/9/2015.Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 01, October 31, 2017, eff. 11/24/2017.Author: Melody Armstrong
Statutory Authority: Social Security Act, Title IV-A; 45 C.F. R.; State Plan for Title IV-A; Code of Ala 1975, Title 38.