39-709e. Exercise of state's option from federal law making certain drug abusers ineligible for public assistance. (a) Except as provided in K.S.A. 39-709, and amendments thereto, under the authority of subsection (d)(1)(A) of 21 U.S.C. § 862a, the state of Kansas hereby exercises its option out of subsection (a) of 21 U.S.C. § 862a, which makes any individual ineligible for certain state and federal assistance if that individual has been convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction and which has as an element of such offense the possession, use or distribution of a controlled substance as defined by subsection (6) of 21 U.S.C. § 802, only if, after such conviction, such individual has:
(1) Been assessed by a licensed substance abuse treatment provider as not requiring substance abuse treatment; or
(2) been assessed by a licensed substance abuse treatment provider and such provider recommended substance abuse treatment and such individual:
(A) Is participating in a licensed substance abuse treatment program; or
(B) has successfully completed a licensed substance abuse treatment program.
(b) An individual shall be disqualified for any state or federal assistance permitted by this section if confirmation of illegal drug use is found as a result of testing that occurs while the individual is on probation, parole, conditional release or postrelease supervision or during required substance abuse treatment. Thereafter, such disqualified individual may reapply for assistance after 30 days.
History: L. 2006, ch. 162, § 1; L. 2013, ch. 80, § 2; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
39-708a Payment of claims to medical vendors not filed within fiscal year; limitation.
39-708d Same; lease of office or business space.
39-709f Medical assistance program and managed care organizations; contract; prompt payment.
39-709j Medical assistance program; coverage for speech-language pathology and audiology services.
39-713d Funeral and cemetery expenses; limitations.
39-718b Liability of parent or guardian for assistance provided child, exceptions.
39-719c Proof deemed prima facie evidence assistance unlawfully received.
39-720 Penalty relating to fraudulent acts; civil actions, evidence.
39-739 Sight handicapped persons; reports to state board of health; forms.
39-740 Same; records available to secretary for children and families.
39-744 Transfer of powers, duties and functions.
39-751 Program for home maintenance; duties of secretary for children and families.
39-752 Same; appointment of supervisors.
39-753 Title IV-D child support enforcement services; duties of secretary; rules and regulations.
39-759 Unlawful acts relating to information concerning absent parents; penalty.
39-790 Court-ordered child support obligation or family maintenance allowance not available income.
39-791 Application of 39-785 through 39-790 suspended; expiration of section.
39-7,118 Drug utilization review program.
39-7,121c Certain medications not subject to prior authorization.
39-7,131 Same; application for waivers of federal requirements prior to implementation of act.
39-7,134 Establishment of system.
39-7,136 Access to information relating to a IV-D case.
39-7,139 Powers and remedies of the secretary concerning IV-D services.
39-7,140 Jurisdiction; service; notice.
39-7,142 Administrative orders.
39-7,143 Same; enforceability.
39-7,144 Subpoena; service; enforceability.
39-7,147 Income withholding order.
39-7,148 Same; modification or termination.
39-7,150 Administrative levy on cash assets.
39-7,151 Redirecting support payments; assignment; change of payee.
39-7,152 Execution; arrearages.
39-7,156 Same; prevention of certification.
39-7,157 Same; termination of proceedings; issuance of driver's license.