The Governor approved this Statement of Scope on September 8, 2015
.
Statement of Scope
DEPARTMENT OF HEALTH SERVICES
Relating to
:
|
Drug Testing for
P
articipants in
the FoodShare
E
mployment and
T
raining
P
rogram who are
Able
-
B
odied
A
dults
|
Rule Type:
|
Permanent Rule
|
Type of Statement of Scope:
Original
1. Finding/nature of emergency (Emergency Rule only):
Not applicable.
2
.
Detailed description of the objective of the
proposed
rule
:
Wis. Stat. 49.79(9)(d)
directs
the Department to
develop and implement a drug screening, testing, and treatment policy to screen and, if indicated, test and treat participants in an employment and training program
within the state’s FoodShare program
who are able−bodied adults for use of a controlled substance without a valid prescription for the controlled substance.
The Department is required to promulgate rules to develop and implement the policy.
This process will ensure that
able-bodied adults without dependents
who are receiving taxpayer supported workforce training services are drug free. It will also provide individuals who do test positive for an illegal substance
a path to treatment
.
3
.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
:
Currently able-bodied adults
without an exemption
must comply with a work requirement to remain eligible for continued FoodShare benefits.
One of the ways to
satisfy the work requirement
is to
participat
e
in the FoodShare employment and training program (FSET).
2015 Wisconsin Act 55
enacted this
new policy for this
specific
population
participating in FSET
.
The rule will develop
the procedures and content of a screening, testing and treatment program including establishing
the persons to be screened and the
criteria for
the
drug
testing and treatment
following screening of these participants
, the process for re-testing of participants in treatment and the payment of treatment and other costs.
As this is a statutory mandate, no alternatives are being considered.
4
.
Detailed explanation of statutory authority for the rule
(including
the
statutory citation and language):
The rule will be promulgated under the authority of Wis. Stat. 49.79(9)(d) enacted by
2015 Wisconsin Act 55
. It reads:
49.79
(9)
(d) 1. The department shall promulgate
rules to develop and implement a drug screening, testing,
and treatment policy to screen and, if indicated, test and
treat participants in an employment and training program
under this subsection who are able−bodied adults for use
of a controlled substance without a valid prescription for
the controlled substance. The policy shall include at least
all of the following elements:
b. If a participant tests negative for use of a controlled
substance, or tests positive for the use of a controlled substance
but presents evidence satisfactory to the department
that the individual possesses a valid prescription for
each controlled substance for which the individual tests
positive, the individual will have satisfactorily completed
the substance abuse testing requirements under
this paragraph.
c. If a participant tests positive for use of a controlled
substance for which he or she does not have a valid
prescription, then the individual must participate in
substance abuse treatment to remain
eligible for the employment and training program.
d. While participating in treatment,
an individual who has tested positive for the use of a
controlled substance without a valid prescription for the
controlled substance shall submit to random testing for
the use of a controlled substance, and the test results must
be negative, or positive with evidence of a valid
prescription, in order for the individual to remain eligible
for the employment and training program under this
subsection. If a test result is positive and the individual
does not have a valid prescription for the controlled
substance for which the individual tests positive, the
individual may begin treatment again one time and will
remain eligible for the employment and training
program. If the individual completes treatment and tests
negative for use of a controlled substance, or tests
positive for the use of a controlled substance but presents
evidence satisfactory to the department that the
individual possesses a valid prescription for each
controlled substance for which the individual tests
positive, the individual will have satisfactorily
completed the substance abuse screening and testing
requirements under this paragraph.
2. Subject to the promulgation of rules under subd.
1., the department shall screen and, if indicated, test and
treat participants in an employment and training program
under this subsection who are able−bodied adults for illegal
use of a controlled substance without a valid prescription
for the controlled substance.
5
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
:
1040 hours
6
.
List with description of all entities that
may
be affected by the proposed rule
:
Abled-bodied adults without dependents who need to meet a requirement for continued FoodShare benefits
;
I
ncome maintenance consortia and FSET contracted vendors
will
be involved in screening and
making
referrals for testing and treatment
;
Entities that do drug testing
;
E
ntities that provide substance abuse treatment
; and,
Wisconsin businesses
that
will benefit by
having more individuals ready to be hired and perform work.
7
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
:
21 U.S.C. § 862b provides:
Notwithstanding any other provision of law, States shall not be prohibited by the Federal Government from testing welfare recipients for use of controlled substances nor from sanctioning welfare recipients who test positive for use of controlled substances.
The proposed rule will operationalize this federally-authorized testing in Wisconsin.
8
. Anticipated economic impact of implementing the rule:
Indeterminate
Contact Person:
Rosie Greer
608-266-1279
