An Act To Require Screening and Testing for Illegal Substances of Beneficiaries under the Temporary Assistance for Needy Families Program
Maine Legislature, Session 127, LD 1407
Committee: Health and Human Services
Sponsors: SANDERSON, McCORMICK
Amends: 22 MRSA §3104, 22 MRSA §3762

Legislative Document 
No. 1407 
H.P. 955 
House of Representatives, May 12, 2015 
An Act To Require Screening and Testing for Illegal Substances of 
Beneficiaries under the Temporary Assistance for Needy Families 
Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SANDERSON of Chelsea.  (GOVERNOR'S BILL) 
Cosponsored by Senator McCORMICK of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §3104, sub-§14, as amended by PL 2009, c. 291, §2, is 
repealed. 
Sec. 2.  22 MRSA §3762, sub-§1, ¶¶B-2, B-3 and D-1 are enacted to read: 
B-2.  "Drug" means a controlled substance as defined in the federal Controlled 
Substances Act, 21 United States Code, Section 802(6). 
B-3.  "Drug test" means a chemical test administered to determine the presence of a 
drug or a drug's metabolites in a person's body fluids. 
D-1.  "Substance use disorder" means any diagnosable disorder characterized by a 
cluster of cognitive, behavioral and physiological symptoms indicating that the 
individual continues to use a substance despite significant substance-related problems 
that is supported by the most current edition of the Diagnostic and Statistical Manual 
of Mental Disorders, published by the American Psychiatric Association. 
Sec. 3.  22 MRSA §3762, sub-§17, as enacted by PL 2001, c. 598, §2, is repealed. 
Sec. 4.  22 MRSA §3762, sub-§20, as reallocated by RR 2011, c. 1, §33, is 
amended to read: 
20.  Denial of assistance based on positive drug test.  A recipient of TANF 
assistance may be denied TANF assistance as described in this subsection. 
A.  The department may administer a drug test to a recipient of TANF assistance who 
has been convicted of a drug-related felony, as described in Section 115 of 
PRWORA, within 20 years of that person's date of conviction. 
B.  If a person under paragraph A tests positive for an illegal drug, the department 
shall notify that person that: 
(1)  The person's TANF assistance is subject to termination; 
(2)  The person is entitled to a fair hearing regarding the termination of TANF 
assistance; and 
(3)  If the person requests a fair hearing, the person shall submit to a 2nd drug test 
to verify the results of the first drug test. 
C.  The results of the 2nd drug test must be available prior to the fair hearing, if 
practicable.  The person shall cooperate in a timely manner in submitting to the 2nd 
drug test.  If the 2nd drug test confirms that the person is using an illegal drug, the 
person may avoid termination of TANF assistance by enrolling in a substance abuse 
treatment program appropriate to the type of illegal drug being used by that person. 
D.  If the department determines that, for good cause, a person is unable to enroll in a 
substance abuse program as required by paragraph C, the person remains eligible for 
TANF assistance until such time that the department determines that the person is 
able to enroll in a substance abuse treatment program. 
E.  The department shall terminate TANF assistance to a person who fails to request a 
fair hearing and submit to a 2nd drug test as described in paragraph B or who fails to 
participate in a substance abuse treatment program as required pursuant to paragraph 
C or D. 
F.  An adult applicant for or an adult recipient of TANF benefits in the assistance unit 
who otherwise qualifies for cash assistance under the TANF program is required to 
complete a written screening questionnaire designed to determine the likelihood of 
the person's having a substance use disorder. 
G.  If the results of the written screening questionnaire under paragraph F indicate a 
reasonable likelihood that the adult applicant for or the adult recipient of TANF 
benefits may have a substance use disorder involving the misuse of a drug, the 
department shall require the person to submit to a drug test at the department's 
expense in order to continue to receive cash assistance under the TANF program. 
H.  If a person refuses to take the drug test required pursuant to paragraph G, the 
department shall terminate cash assistance for the person and the person may not 
reapply for cash assistance for: 
(1)  Ninety days after the first refusal to take a drug test within a one-year period; 
and 
(2)  One year after the 2nd refusal to take a drug test within a one-year period. 
I.  A drug test under paragraph G must be administered with due regard to the privacy 
and dignity of the person being tested. 
J.  Before taking a drug test pursuant to paragraph G, the person may advise the 
person administering the test of any prescription or over-the-counter medication the 
person is taking. 
K.  The result of a drug test under paragraph G is not a public record under Title 1, 
chapter 13, subchapter 1 and disclosure to a 3rd party is prohibited. 
L.  If an adult applicant for or an adult recipient of TANF benefits tests negative for 
the unlawful use of a drug, the person remains eligible for cash assistance, subject to 
other TANF eligibility requirements. 
M.  If an adult applicant for or an adult recipient of TANF benefits tests positive for 
the unlawful use of a drug, the person: 
(1)  Must be given a list of approved substance use disorder treatment providers 
that are available in the area in which the person resides; and 
(2)  May receive or continue to receive TANF benefits if the person enters into 
and follows the requirements of a substance use disorder treatment plan, 
including: 
(a)  Receiving treatment from an approved substance use disorder treatment 
provider for at least 90 days; 
(b)  Testing negative for the unlawful use of a drug: 
(i)  In each drug test required by the department by rule during treatment; 
and 
(ii)  In a drug test to be given at the conclusion of treatment; and 
(c)  Meeting the other TANF requirements for receiving cash assistance. 
N.  If an adult applicant for or an adult recipient of TANF benefits declines to enter 
into a substance use disorder treatment plan pursuant to paragraph M or if the person 
enters into but fails to meet a requirement of a substance use disorder treatment plan, 
including the person's refusal to take a drug test required by a substance use disorder 
treatment plan, or if the person tests positive for the unlawful use of a drug in a drug 
test required by a substance use disorder treatment plan, the department may not 
provide or shall terminate cash assistance for the person, and the person may not 
reapply for cash assistance for: 
(1)  Ninety days after the day on which the department determines that the person 
is not or is no longer eligible for cash assistance; 
(2)  One year after the day on which the department determines that the person is 
not or is no longer eligible for cash assistance if the department had previously 
determined on one occasion in the past year that the person was not or was no 
longer eligible for cash assistance pursuant to this subsection; or 
(3)  Ten years after the day on which the department determines that the person is 
not or is no longer eligible for cash assistance if the department had previously 
determined on at least 2 other occasions in the past 5 years that the person was 
not or was no longer eligible for cash assistance pursuant to this subsection. 
The department shall adopt routine technical rules, as defined in Title 5, chapter 375, 
subchapter 2-A, to implement the provisions of this subsection, including determining 
what constitutes "good cause" under paragraph D. 
SUMMARY 
This bill requires an adult applicant for or an adult recipient of benefits under the 
Temporary Assistance for Needy Families, or TANF, program to be screened and 
possibly physically tested for the unlawful use of drugs.  The outcome of testing may 
result in that person's being denied or losing TANF benefits if subsequent substance use 
disorder treatment is not successfully completed.  The bill also repeals provisions that 
prohibit the State's denying food assistance and TANF assistance to a person who has 
been convicted of a drug-related felony.