13 CSR 40-2.420 - Testing for the Illegal Use of a Controlled Substance by Applicants and Recipients of Temporary Assistance
(1) The Family Support Division shall require
an individual to submit to a urine dipstick five- (5-) panel drug test when the
Family Support Division determines there is reasonable cause to believe the
individual is engaging in the illegal use of a controlled substance. The
determination of reasonable cause shall be based upon the screening process set
forth in 13
CSR 40-2.410.
(A) The
division or its designee shall notify the individual in writing, at the
individual's last known address as contained within the division records, of
the reasonable cause determination that requires the individual to submit to a
urine dipstick five- (5-) panel drug test.
(B) The division or its designee shall notify
the individual in writing of the location of the test and the date by which the
test must be completed and of the drug testing process.
(C) The division or its designee shall make
the test available either within the individual's county of residence as known
to the division or in an adjacent county if the testing location is within
twenty-five (25) miles of the individual's residence, whichever is
closer.
(D) The individual must
provide verification of identity when submitting to the drug test. Acceptable
forms of identity verification include: U.S. passport; driver's license issued
by the state or U.S. territory with a photograph or other identifying
information; certificate of degree of Indian blood; school identification card;
U.S. military card or draft card with photograph; identification card issued by
federal, state, or local government; Native American tribal
document.
(2) Drug
Testing Protocols.
(A) All urine samples
collected under this program shall be collected and analyzed by a qualified
contractor of the state of Missouri with laboratory facilities that comply with
the standards of the National Institute on Drug Abuse/Substance Abuse and
Mental Health Service Administration of the U.S. Department of Health and Human
Services or other appropriate accrediting institution. The collection and
analysis shall include the initial screening of the urine dipstick five- (5-)
panel test and when necessary a confirmation test analyzed by a laboratory that
complies with the standards of the Substance Abuse and Mental Health Service
Administration of the U.S. Department of Health and Human Services. All samples
confirmed by the laboratory as non-negative shall be interpreted as positive or
negative by a medical review officer licensed by the American Association of
Medical Review Officers, American College of Occupational and Environmental
Medicine, Medical Review Officer Certification Council, or American Society of
Addiction Medicine.
(B) The
laboratory must screen and test for the substances set forth in
13 CSR
40-2.400(16). Said testing must
screen, at a minimum, for the levels of such substances as provided by
1 CSR
30-7.010(5), as may be amended from
time-to-time.
(3) The
division shall not provide Temporary Assistance to or on behalf of an
individual who is required to submit to a drug test and who refuses to
cooperate with any part of the drug testing process.
(A) A refusal to cooperate with the testing
process shall include one (1) or more of the following:
1. Failure to provide a sample for drug
testing within the required time frame;
2. Failure to fully comply with the drug
testing process as directed by the Family Support Division or its
designee;
3. Failure to appear for
drug testing at the designated location and time;
4. Failure to contact or cooperate with any
medical review process;
5. Failure
to provide verification of identity;
6. Failure to complete any documents or
consent forms required by the Family Support Division or its designee, the drug
testing provider, the Department of Mental Health, or the substance abuse
treatment provider;
7. Failure to
provide a sufficient amount of urine for testing; or
8. Failure to provide a urine sample at the
correct temperature.
(B)
The individual is ineligible for Temporary Assistance for a period of three (3)
years from the date of a positive test, test refusal, or an administrative
hearing decision if a hearing is requested and the division is affirmed. The
hearing process is set forth in
13 CSR
40-2.440.
(4) The division shall not provide Temporary
Assistance to or on behalf of an individual who tests positive for illegal use
of a controlled substance and fails to enter, participate, and successfully
complete an appropriate substance abuse treatment program as set forth in
13 CSR
40-2.430. The individual is ineligible for Temporary
Assistance for a period of three (3) years from the date of a positive test or
an administrative hearing decision if a hearing is requested and the division
is affirmed. The hearing process is set forth in
13 CSR
40-2.440.
(5) An individual subject to drug testing who
has a positive drug result may, at his or her expense, have the positive drug
test result confirmed. The individual must make this request for testing within
ten (10) days from notification of the positive test result.
(6) The division may require a urine dipstick
five- (5-) panel drug test six (6) months after the date the recipient entered
the substance abuse treatment program as defined in
13 CSR
40-2.430. If the individual tests positive, the
individual is ineligible for Temporary Assistance for a period of three (3)
years from the date of a positive test or an administrative hearing decision if
a hearing is requested and the division is affirmed. The hearing process is set
forth in 13
CSR 40-2.440.
(7) The amount of assistance that would
otherwise be required to be provided under the Temporary Assistance Program to
the family members of an individual to whom sections (3), (4), and (6) apply
shall be reduced by the amount which would have otherwise been made available
to the individual who has been declared ineligible.
(8) The division shall add an otherwise
eligible individual who has been declared ineligible for Temporary Assistance
as set forth in 13 CSR 40-2.400 through
13 CSR
40-2.430 to the Temporary Assistance household after
the three- (3-) year period of ineligibility has elapsed. The individual is
subject to the rules as set forth in
13 CSR
40-2.400 through
13 CSR
40-2.450.
Notes
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