Arkansas Code § 20-76-703 - Administration

(a) (1) Subject to state appropriation, the Department of Workforce Services shall establish and administer a two-year pilot program of suspicion-based drug screening and testing for each applicant who is otherwise eligible for the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., or its successor program and for each recipient of the Temporary Assistance for Needy Families Program, § 20-76-101 et seq., or its successor program.

(2) The pilot program shall include the population statewide as determined by the department and all applicants and all recipients in the counties bordering the following states:

(A) Mississippi;

(B) Missouri;

(C) Oklahoma;

(D) Tennessee; and

(E) Any other state bordering Arkansas with a drug screening or drug testing program for the Temporary Assistance for Needy Families Program.

(b) (1) A dependent child under eighteen (18) years of age is exempt from the drug screening and testing requirement unless the dependent child is a parent who is also an applicant for the Temporary Assistance for Needy Families Program and who does not live with a parent, legal guardian, or other adult caretaker relative.

(2) An entity or individual participating in the Career Pathways Initiative or Community Investment Initiative under the Temporary Assistance for Needy Families Program is exempt from the drug screening and testing requirement.

(c) (1) An applicant or recipient may inform the drug testing agency administering the test of any prescription or over-the-counter medication that the individual is taking.

(2) An applicant or recipient shall not be denied Temporary Assistance for Needy Families Program benefits on the basis of failing a drug test if the applicant has a current and valid prescription for the drug in question.

(d) (1) An applicant or recipient shall undergo a confirmation test using the same urine sample from the initial positive test prior to receiving Temporary Assistance for Needy Families Program benefits.

(2) The results of the confirmation test shall be used to determine final eligibility for Temporary Assistance for Needy Families Program benefits.

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Last modified: November 15, 2016