Definitions for the Screening and Testing for the Illegal Use of Controlled Substances by Temporary Assistance Applicants and Recipients

PURPOSE: This rule establishes the definitions that will govern the use of certain terms used to establish the procedures for the screening and testing for illegal use of controlled substances by Temporary Assistance applicants and recipients. (1) Applicant—A person who has applied for Temporary Assistance benefits in accordance with Temporary Assistance eligibility regulations, but has not yet been determined eligible for benefits. (2) Appropriate substance abuse treatment program—A substance abuse treatment program that the Department of Mental Health has approved and— (A) Is certified as an alcohol and drug abuse treatment program by the Department of Mental Health; and (B) Is contracted with the Department of Mental Health to provide Comprehensive Substance Treatment and Rehabilitation (CSTAR) services. (3) Drug test—The urine dipstick five- (5-) panel test. (4) Entry into the substance abuse treatment program—A recipient shall be considered to have entered into a substance abuse treatment program when the recipient has been enrolled in the Department of Mental Health’s consumer information system by an appropriate treatment provider. (5) Controlled substance—a drug, substance, or immediate precursor in Schedules I through V listed in sections 195.005 to 195.425, RSMo. (6) Head-of-household—The individual who is registered as the applicant or recipient for Temporary Assistance benefits with the division. (7) Individual—A person who is either an applicant or recipient for Temporary Assistance benefits with the Family Support Division. (8) Misdemeanor or felony drug offense— Any arrests or convictions for violating any federal or Missouri state statutes relating to any illegal use, possession, trafficking, delivery, distribution, registration, creation, production, or manufacturing of any drugs, narcotics, controlled substances, controlled substance analogues, imitation controlled substances, drug paraphernalia, counterfeit substances, or immediate precursor shall constitute the misdemeanor or felony drug offenses that shall be screened for by a search of the records of the Missouri Highway Patrol. (9) Protective payee—An individual appointed by the Family Support Division to act on behalf of the Temporary Assistance household with regard to Temporary Assistance benefits. (10) Reasonable cause—Reasonable cause exists when there is reasonable suspicion that there is an articulable individualized basis for suspecting that the Temporary Assistance applicant or recipient is engaging in the illegal use of controlled substances. Reasonable suspicion shall be deemed to exist based on the response to the screening tool or when a search of the law enforcement records of the Missouri Highway Patrol establishes that the individual has been arrested or convicted of a misdemeanor or felony drug offense within the last twelve (12) months. (11) Recipient—A person who receives public assistance benefits in accordance with Temporary Assistance eligibility regulations. (12) Successful completion of substance abuse treatment program—A recipient referred under section 208.027, RSMo, has successfully completed a substance abuse program when a letter or other official notice is issued from the appropriate substance abuse treatment program verifying the recipient has made satisfactory progress toward the criteria outlined in 9 CSR 30-3.130(8)(A) and if the recipient has not tested positive in accordance with 13 CSR 40-2.420. (13) Temporary Assistance (TA)—Missouri’s Temporary Assistance for Needy Families program that provides temporary cash assistance to families as set forth in sections 208.040, RSMo, et seq. and 13 CSR 402.300 to 13 CSR 40-2.370. (14) Temporary Assistance for Needy Families (TANF)—The federal program under which Missouri’s Temporary Assistance benefits are distributed as set forth in 42 U.S.C. section 601, et seq. and 42 CFR 260.10, et seq. (15) Treatment provider—Is an individual or entity that operates a substance abuse treatment program that the Department of Mental Health has approved and— (A) Is certified as an alcohol and drug abuse treatment program by the Department of Mental Health; and (B) Is contracted with the Department of Mental Health to provide Comprehensive Substance Treatment and Rehabilitation (CSTAR) services. (16) Urine dipstick five- (5-) panel test—A test that will analyze an individual’s urine sample to determine whether an individual has used the following controlled substances: (A) Amphetamines/Methamphetamines; (B) Cannabinoids (THC); (C) Cocaine; (D) Opiates; and (E) Phencyclidine (PCP). AUTHORITY: section 208.027, RSMo Supp. 2012.* Original rule filed June 29, 2012, effective Feb. 28, 2013. *Original authority: 208.027, RSMo 2011.