MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Public Health and Human Services
By: Representatives Wooten, Burnett, Clark, Cockerham, Anderson, Horan, Jackson, Myers
AN ACT TO REQUIRE EACH MEMBER OF THE MISSISSIPPI LEGISLATURE TO SUBMIT TO A DRUG TEST AT THE MEMBER'S EXPENSE; TO PROVIDE THAT IF A MEMBER TESTS POSITIVE FOR THE UNLAWFUL USE OF A DRUG AFTER TAKING A DRUG TEST, THE MEMBER SHALL BE GIVEN A LIST OF APPROVED SUBSTANCE USE DISORDER TREATMENT PROVIDERS THAT ARE AVAILABLE IN THE AREA IN WHICH THE MEMBER RESIDES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The following words and phrases have the meanings ascribed in this subsection unless the context clearly indicates otherwise:
(a) "Drug" means a controlled substance, as defined in Section 41-29-105, for which a person does not have a valid prescription.
(b) "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites in a person's body fluids.
(2) (a) Each member of the Mississippi House of Representatives and each member of the Mississippi Senate shall be required to submit to a drug test at the member's expense during the first month of the member's term of office, or for a member who is elected to fill a vacancy, during the first month of the next session of the Legislature after the member's election.
(b) Before taking a drug test, a member of the Legislature may advise the person administering the test regarding any prescription or over-the-counter medication that the member is taking.
(c) If a member of the Legislature tests positive for the unlawful use of a drug after taking a drug test, the member shall be given a list of approved substance use disorder treatment providers that are available in the area in which the member resides.
(3) A drug test must be administered with due regard to the privacy and dignity of the person being tested.
(4) The result of a drug test is a private record, and disclosure to a third party is prohibited.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.