Arkansas Code Title 20. Public Health and Welfare § 20-76-703. Administration

(a)(1) Subject to state appropriation, the Department of Human Services shall establish and administer a drug screening and testing 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 drug screening and testing program shall include the population statewide.

(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 or a written certification and a registry identification card issued under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, for the drug in question.

(d)(1) An applicant or recipient shall undergo a confirmation test using the same specimen sample from the initial positive test before 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.