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WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
ENROLLED
Committee Substitute
for
House Bill 5582
BY DELEGATES CHIARELLI, BURKHAMMER, FOGGIN, AND
HECKERT
[Passed March 14, 2026; in effect 90 days from
passage (June 12, 2026)]
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1 AN ACT to amend and reenact §9-3-6 of the Code of West Virginia, 1931, as amended, relating
2 to drug screening of applicants for cash assistance; clarifying definition of drug test;
3 removing drug screening program expiration date; and clarifying timeline for reporting.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.
§9-3-6. Program for drug screening of applicants for cash assistance.
1 (a) As used in this section:
2 (1) "Applicant" means a person who is applying for benefits from the Temporary
3 Assistance for Needy Families Program.
4 (2) "Board of Review" means the board established in §9-2-6(13) of this code.
5 (3) "Caseworker" means a person employed by the department with responsibility for
6 making a reasonable suspicion determination during the application process for Temporary
7 Assistance for Needy Families Program.
8 (4) "Child Protective Services" means the agency within the department responsible for
9 investigating reports of child abuse and neglect as required in §49-2-802 of this code.
10 (5) "Department" means the Department of Human Services.
11 (6) "Drug screen" or "drug screening" means any analysis regarding substance abuse
12 conducted by the Department of Human Services on applicants for assistance from the
13 Temporary Assistance for Needy Families Program.
14 (7) "Drug test" or "drug testing" means a drug test which tests urine or an oral fluid rinse
15 test for amphetamines (amphetamine and methamphetamine) cocaine, marijuana, opiates
16 (codeine and morphine), phencyclidine, barbiturates, benzodiazepines, methadone,
17 propoxyphene, and expanded opiates (oxycodone, hydromorphone, hydrocodone,
18 oxymorphone).
19 (8) "Secretary" means the secretary of the department or his or her designee.
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20 (9) "Temporary Assistance for Needy Families Program" means assistance provided
21 through ongoing cash benefits pursuant to 42 U. S. C. § 601 et seq. operated in West Virginia as
22 the West Virginia Works Program pursuant to §9-9-1 et seq. of this code.
23 (b) Subject to federal approval, the secretary shall implement and administer a program
24 to drug screen any adult applying for assistance from the Temporary Assistance for Needy
25 Families Program.
26 (c) Reasonable suspicion exists if:
27 (1) A case worker determines, based upon the result of the drug screen, that the applicant
28 demonstrates qualities indicative of substance abuse based upon the indicators of the drug
29 screen; or
30 (2) An applicant has been convicted of a drug-related offense within the three years
31 immediately prior to an application for Temporary Assistance for Needy Families Program and
32 whose conviction becomes known as a result of a drug screen as set forth in this section.
33 (d) Presentation of a valid prescription for a detected substance that is prescribed by a
34 health care provider authorized to prescribe a controlled substance is an absolute defense for
35 failure of any drug test administered under the provisions of this section.
36 (e) Upon a determination by the case worker of reasonable suspicion as set forth in this
37 section an applicant shall be required to complete a drug test. The cost of administering the drug
38 test and initial substance abuse testing program is the responsibility of the Department of Human
39 Services. Any applicant whose drug test results are positive may request that the drug test
40 specimen be sent to an alternative drug-testing facility for additional drug testing. Any applicant
41 who requests an additional drug test at an alternative drug-testing facility shall be required to pay
42 the cost of the alternative drug test.
43 (f) Any applicant who has a positive drug test shall complete a substance abuse treatment
44 and counseling program and a job skills program approved by the secretary. An applicant may
45 continue to receive benefits from the Temporary Assistance for Needy Families Program while
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46 participating in the substance abuse treatment and counseling program or job skills program.
47 Upon completion of both a substance abuse treatment and counseling program and a job skills
48 program, the applicant is subject to periodic drug screening and testing as determined by the
49 secretary in rule. Subject to applicable federal laws, any applicant for Temporary Assistance for
50 Needy Families Program who fails to complete, or refuses to participate in, the substance abuse
51 treatment and counseling program or job skills program as required under this subsection is
52 ineligible to receive Temporary Assistance for Needy Families benefits until he or she is
53 successfully enrolled in substance abuse treatment and counseling and job skills programs. Upon
54 a second positive drug test, an applicant shall be ordered to complete a second substance abuse
55 treatment and counseling program and job skills program. He or she shall be suspended from the
56 Temporary Assistance for Needy Families Program for a period of 12 months, or until he or she
57 completes both a substance abuse treatment and counseling program and a job skills program.
58 Upon a third positive drug test an applicant shall be permanently terminated from the Temporary
59 Assistance for Needy Families Program subject to applicable federal law.
60 (g) Any applicant who refuses a drug screen or a drug test is ineligible for assistance.
61 (h) The secretary shall order an investigation and home visit from Child Protective
62 Services on any applicant whose benefits are suspended and who has not designated a protective
63 payee or whose benefits are terminated due to failure to pass a drug test. This investigation and
64 home visit may include a face-to-face interview with the child, if appropriate; the development of
65 a protection plan; and, if necessary for the health and well-being of the child, may also involve
66 law enforcement. This investigation and home visit shall be followed by a report detailing
67 recommended action which Child Protective Services shall undertake. Child Protective Services
68 is responsible for providing, directing, or coordinating the appropriate and timely delivery of
69 services to any child who is the subject of any investigation and home visit conducted pursuant
70 to this section. In cases where Child Protective Services determines that the best interests of the
71 child require court action, it shall initiate the appropriate legal proceeding.
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72 (i) Any other adult members of a household that includes a person declared ineligible for
73 the Temporary Assistance for Needy Families Program pursuant to this section shall, if otherwise
74 eligible, continue to receive Temporary Assistance for Needy Families benefits.
75 (j)(1) No dependent child’s eligibility for benefits under the Temporary Assistance for
76 Needy Families Program may be affected by a parent’s failure to pass a drug test.
77 (2) If pursuant to this section a parent is deemed ineligible for the Temporary Assistance
78 for Needy Families Program, the dependent child's eligibility is not affected and an appropriate
79 protective payee shall be designated to receive benefits on behalf of the child.
80 (3) The parent may choose to designate another person as a protective payee to receive
81 benefits for the minor child. The designated person shall be an immediate family member, or if an
82 immediate family member is not available or declines the option, another person may be
83 designated.
84 (4) The secretary shall screen and approve the designated person.
85 (k)(1) An applicant who is determined by the secretary to be ineligible to receive benefits
86 pursuant to subsection (f) of this section due to a failure to participate in a substance abuse
87 treatment and counseling program or a job skills program who can later document successful
88 completion of a drug treatment program approved by the secretary may reapply for benefits six
89 months after the completion of the substance abuse treatment and counseling program or job
90 skills program. An applicant who has met the requirements of this subdivision and reapplies is
91 also required to submit to a drug test and is subject to the provisions of subsection (f) of this
92 section.
93 (2) An applicant may reapply only once pursuant to the exceptions contained in this
94 subsection.
95 (3) The cost of any drug screen or test and drug treatment provided under this subsection
96 is the responsibility of the individual being screened and receiving treatment.
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97 (l) An applicant who is denied assistance under this section may request a review of the
98 denial by the Board of Review. The results of a drug screen or test are admissible without further
99 authentication or qualification in the review of denial by the Board of Review and in any appeal.
100 The Board of Review shall provide a fair, impartial, and expeditious grievance and appeal process
101 to applicants who have been denied Temporary Assistance for Needy Families benefits pursuant
102 to the provisions of this section. The Board of Review shall make findings regarding the denial of
103 benefits and issue a decision which either verifies the denial or reverses the decision to deny
104 benefits. Any applicant adversely affected or aggrieved by a final decision or order of the Board
105 of Review may seek judicial review of that decision.
106 (m) The secretary shall ensure the confidentiality of all drug screen and drug test results
107 administered as part of this program. Drug screen and test results shall be used only for the
108 purpose of determining eligibility for the Temporary Assistance for Needy Families Program. At
109 no time may drug screen or test results be released to any public or private person or entity or
110 any law-enforcement agency, except as otherwise authorized by this section.
111 (n) The secretary shall promulgate emergency rules pursuant to the provisions of §29A-
112 3-1 et seq. of this code to prescribe the design, operation, and standards for the implementation
113 of this section.
114 (o) A person who intentionally misrepresents any material fact in an application filed under
115 the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be
116 punished by a fine of not less than $100 nor more than $1,000 or by confinement in jail not to
117 exceed six months, or by both fine and confinement.
118 (p) The secretary shall report annually to the Joint Committee on Government and Finance
119 on the status of the federal approval and program described in this section. The report shall
120 include, but is not limited to:
121 (1) The total number of applicants who were deemed ineligible to receive benefits under
122 the program due to a positive drug test for controlled substances;
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123 (2) The number of applicants for whom there was a reasonable suspicion due to a
124 conviction of a drug-related offense within the five years prior to an application for assistance;
125 (3) The number of those applicants that receive benefits after successful completion of a
126 drug treatment program as specified in this section; and
127 (4) The total cost to operate the program.
128 (q) Should federal approval not be given for any portion of the program as set forth in this
129 section, the secretary shall implement the program to meet the federal objections and continue to
130 operate a program consistent with the purposes of this section.
131 (r) For the purposes of the program contained in this section, pursuant to the authority and
132 option granted by 21 U. S. C. § 862a(d)(1)(A) to the states, West Virginia exempts all persons
133 domiciled within the state from the application of 21 U. S. C. § 862a(a).
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The Clerk of the House of Delegates and the Clerk of the Senate hereby
certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates
...............................................................
Clerk of the Senate
Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates
...............................................................
President of the Senate
__________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor
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