ARSD Article 55:05 — DRUG SCREENING PROGRAM

BUREAU OF HUMAN RESOURCES BUREAU OF HUMAN RESOURCES

Chapter 55:05:01 Definitions

ARSD 55:05:01:01 Definitions

In addition to the definitions contained in SDCL 23-3-64 and ARSD chapters 55:01:01 and 55:01:02, the following terms mean:

(1) "Applicant," an individual who is offered employment in or who is being promoted, demoted, or transferred to a safety-sensitive or direct care position or a position in the Department of Public Safety, Wildland Fire Division, with firefighting duties;

(2) "Chain of custody," the method of tracing each urine specimen to maintain control from initial collection to final disposition;

(3) "Collection site," the location designated by the commissioner at which an applicant or an employee is present to provide a urine specimen;

(4) "Confirmatory test," an analytical procedure to identify the presence of a specific drug or metabolite that is independent of the initial test performed on the same specimen and that uses a different chemical principle from that of the initial test to ensure reliability and accuracy;

(5) "Confirmed positive result," the presence of a controlled substance in the pure form or its metabolites at or above the cutoff level specified in 53 Fed. Reg. 11,983 (April 11, 1988) as identified in two consecutive tests on the same sample which employ different test methods and that is determined not to have been caused by an alternative medical explanation;

(6) "Employee," an individual currently employed in a safety-sensitive or direct care position or a position in the Department of Public Safety, Wildland Fire Division with firefighting duties;

(7) "Initial test," a screen to eliminate negative urine specimens from further consideration;

(8) "Negative result," the total absence or presence below the cut off level specified in 53 Fed. Reg. 11,983 (April 11, 1988) of a controlled substance in the pure forms or its metabolites in sufficient quantities to be identified by either an initial test or confirmatory test.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005; 36 SDR 39, effective September 21, 2009; SL 2021, ch 1, §§ 8, 68, effective April 19, 2021.
• General Authority: SDCL 23-3-69, 41-20-8.8.
• Law Implemented: SDCL 23-3-65, 41-20-8.4.

Chapter 55:05:02 Covered employees

ARSD 55:05:02:01 Law enforcement classes

The following classes of law enforcement officers are safety-sensitive positions:

(1) Highway patrol colonel;

(2) Highway patrol major;

(3) Highway patrol captain;

(4) Highway patrol lieutenant;

(5) Highway patrol sergeant;

(6) Headquarters corporal;

(7) Headquarters lieutenant;

(8) Headquarters sergeant;

(9) Highway patrol trooper;

(10) DCI director;

(11) DCI assistant director;

(12) DCI training coordinator;

(13) DCI agent I;

(14) DCI agent II;

(15) DCI agent III;

(16) Conservation officer;

(17) Park ranger;

(18) Conservation officer/park ranger trainee; and

(19) Special agent, revenue.

History

• Source: 17 SDR 25, effective August 19, 1990; 23 SDR 127, effective February 13, 1997.
• General Authority: SDCL 23-3-69(1).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:02:02 Custody staff

The following classes of custody staff are in safety-sensitive positions:

(1) Any employee of the Department of Corrections; and

(2) Any employee authorized to work within a corrections facility operated by the Department of Corrections.

History

• Source: 17 SDR 25, effective August 19, 1990; 23 SDR 127, effective February 13, 1997; 31 SDR 107, effective January 30, 2005.
• General Authority: SDCL 23-3-69(1).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:02:03 Direct care staff

The following positions are direct care staff:

(1) Positions at the South Dakota Human Services Center and South Dakota Developmental Center in the following classes:

(a) Dental assistant;

(b) Dental hygienist;

(c) Dentist;

(d) Direct support professional;

(e) Direct support professional/counselor;

(f) Direct support professional supervisor I;

(g) Direct support professional supervisor II;

(h) Human services charge nurse;

(i) Human services nurse;

(j) Human services nursing supervisor;

(k) Licensed practical nurse;

(l) Medication aide;

(m) Mental health aide;

(n) Mental health assistant;

(o) Mental health technician;

(p) Nurse aide;

(q) Occupational therapy coordinator;

(r) Occupational therapy/physical therapy assistant;

(s) Occupational therapist;

(t) Physician assistant;

(u) Physical therapist;

(v) Qualified developmental disability professional;

(w) Speech pathologist - speech language pathologist;

(x) Therapy aide;

(y) Youth counselor;

(z) Youth treatment supervisor;

(aa) Veteran's home nurse;

(bb) Veteran's home charge nurse;

(cc) Chemical dependency counselor;

(dd) Therapeutic recreation specialist;

(ee) Psychology assistants;

(ff) Industrial workshop manager;

(gg) Human services social worker;

(hh) Psychologists;

(ii) Psychiatrists;

(jj Exempt teachers;

(kk) Behavior therapists;

(ll) ABE teachers;

(mm) Rehabilitation teachers;

(nn) Psychiatric social worker;

(oo) Chief of psychological services;

(pp) Medical director;

(qq) Director of social services;

(rr) Employment specialist;

(ss) Therapeutic recreation coordinator;

(tt) Production supervisor/job coach;

(uu) Chemical dependency supervisor;

(vv) Program assistant;

(ww) Program manager;

(xx) Activity planner;

(yy) Behavior intervention specialist;

(zz) Developmental disability program supervisor;

(aaa) Healthcare services coordinator;

(bbb) Human services counselor; and

(ccc) Physician; and

(2) Positions at the South Dakota State Veterans' Home in the following classes:

(a) Veteran's home nurse;

(b) Veteran's home charge nurse;

(c) Licensed practical nurse;

(d) Nurse aide; and

(e) Medication aide.

History

• Source: 32 SDR 32, effective August 30, 2005; 35 SDR 184, effective February 2, 2009; 41 SDR 58, effective October 14, 2014.
• General Authority: SDCL 3-6F-5(1).
• Law Implemented: SDCL 3-6F-5(1).

ARSD 55:05:02:04 Wildland Fire Division staff

The following are positions in the Department of Public Safety, Wildland Fire Division, that include firefighting duties:

(1) Wildland fire division director;

(2) Assistant chief of administration;

(3) Division staff specialist;

(4) Wildland fire program specialist;

(5) Wildland fire management officer;

(6) Assistant wildland fire management officer;

(7) Wildland fire crew boss;

(8) Wildland fire squad boss;

(9) Seasonal hand crew;

(10) Seasonal engine crew; and

(11) Equipment technician.

History

• Source: 36 SDR 39, effective September 21, 2009; SL 2021, ch 1, §§ 8, 68, effective April 19, 2021.
• General Authority: SDCL 41-20-8.8.
• Law Implemented: SDCL 41-20-8.4

Chapter 55:05:03 Substances to be screened

ARSD 55:05:03:01 Substances to be screened

Urine samples collected pursuant to § 55:05:04:01 or 55:05:05:02 shall be screened for the following substances:

(1) Marijuana/cannabinoids (THC);

(2) Cocaine metabolites;

(3) Amphetamines/methamphetamines; and

(4) Opiates.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(2).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:03:02 Additional substances

The commissioner may, if requested by an appointing authority, approve screening to identify any additional substances as defined in SDCL chapter 34-20B.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(2).
• Law Implemented: SDCL 23-3-65.

Chapter 55:05:04 Drug screening for applicants

ARSD 55:05:04:01 Drug test upon conditional offer of employment

A conditional offer of employment is an offer of employment to an applicant that is made contingent upon the applicant's participation in the drug screening program created in SDCL 23-3-65. A drug screening test shall be administered to an applicant if the applicant has received a conditional offer of employment. The test shall be administered as soon as possible after the conditional offer is made.

An applicant may be required to participate in the drug screening program any time before receiving a conditional offer of employment. If the applicant has participated in the drug screening test as part of the application process, the applicant is not required to submit to the drug screening test when the applicant is offered employment.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005.
• General Authority: SDCL 23-3-69(3).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:04:02 Statement of knowledge and consent to be signed by applicant

An applicant shall be informed in writing of the provisions of this article. The applicant shall sign a statement affirming knowledge of the requirements of the drug screening program and consenting to the collection and analysis of a urine specimen for the drug screening. If an applicant fails to comply with this provision, the conditional offer of employment is void.

An applicant, by signing the consent form, acknowledges that the results of the drug screen test will be made available to the commissioner and the appointing authority. The form must be signed by the applicant and the appointing authority.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005.
• General Authority: SDCL 23-3-69(3).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:04:03 Medical information form

An applicant who is required to submit to a drug screen test shall complete a confidential medical information form provided by the collection site observer. The medical information form contains questions which provide for a disclosure of prescription medicines or over-the-counter products that were taken by the applicant prior to drug screening. This form contains the applicant's name and social security number and must be signed and dated by the applicant and the collection site observer. This form shall be transmitted with the specimen to the designated laboratory.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005.
• General Authority: SDCL 23-3-69(2).
• Law Implemented: SDCL 23-3-65.

Chapter 55:05:05 Drug screening for employees

ARSD 55:05:05:01 Employees to remain drug-free

Employees to remain drug free.** Each employee as defined in § 55:05:01:01 shall remain free of illegal drugs and substances.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005; 36 SDR 39, effective September 21, 2009.
• General Authority: SDCL 23-3-69(4), 41-20-8.8.
• Law Implemented: SDCL 23-3-65, 41-20-8.4.

ARSD 55:05:05:02 Request for employee to be screened

The commissioner shall, upon finding a reasonable suspicion of illegal drug use by an employee as defined in § 55:05:01:01 notify the employee of findings and request that the employee submit to a drug screen test. The test shall be administered within 24 hours after the request or as soon as possible.

Cross-Reference: Reasonable suspicion, § 55:05:05:03.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005; 36 SDR 39, effective September 21, 2009.
• General Authority: SDCL 23-3-69(4), 41-20-8.8.
• Law Implemented: SDCL 23-3-65, 41-20-8.4.

ARSD 55:05:05:03 Reasonable suspicion

Reasonable suspicion means that the commissioner has a rational basis, whether from direct observation or from the reports of others, to believe that an employee as defined in § 55:05:01:01 has violated § 55:05:05:01 or is under the influence of drugs. Reasonable suspicion includes the following:

(1) An on-the-job accident or occurrence caused in whole or part by the employee's action or inaction or an exhibition of behavior or other demonstration by the employee that indicated that the employee may have been using or was under the influence of drugs;

(2) An on-the-job incident that may be attributed to drug use by the employee, such as a medical emergency;

(3) Direct observation of or information about conduct, speech, behavior, or appearance which is usually associated with being impaired by or under the influence of illegal drugs, such as the following:

(a) Shakiness;

(b) Trembling;

(c) Mood swings;

(d) Excessive absenteeism;

(e) A pattern of absenteeism;

(f) Frequent absences from the work station;

(4) Direct observation or information that the employee may be using drugs or may be under the influence of drugs; is exhibiting behavior that may render the employee unable to perform the employee's job; or may pose a threat to the safety or health of the employee, other employees, or members of the public. The observation or information must be supported by documentation or verified by the commissioner;

(5) Physical on-the-job evidence of drug use by the employee; or

(6) Documented deterioration in the employee's job performance that is likely to be attributed to drug use by the employee.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005; 36 SDR 39, effective September 21, 2009.
• General Authority: SDCL 23-3-69(4), 41-20-8.8.
• Law Implemented: SDCL 23-3-65, 41-20-8.4.

ARSD 55:05:05:04 Affirmation of policy form

Each employee shall read, sign, and date an affirmation of policy form at the time the employee is informed of the provisions of this article and before any drug screen test is conducted on the employee. The affirmation of policy form describes the drug screening program.

Cross-Reference: Refusal of employee to submit to drug screen test, § 55:05:07:02.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005.
• General Authority: SDCL 23-3-69(4).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:05:05 Consent form

If an employee is asked to submit to a drug screen, the employee shall sign a statement indicating consent to the collection of and analysis of a urine specimen taken from the employee for the purpose of a drug screen. When an employee signs the consent form, the employee acknowledges that the results of the screen will be made available to the commissioner and the appointing authority. The consent form contains the employee's name, social security number, and position number. The form must be signed by the employee and the appointing authority. If an employee is asked to submit to a drug screen more than once, a new consent form must be signed each time.

Cross-Reference: Refusal of employee to submit to drug screen test, § 55:05:07:02.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(4).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:05:06 Medical information form

Before the drug screening, an employee shall complete a confidential medical information form upon which the employee discloses prescription medicines or over-the-counter products, if any, that were taken by the employee before the drug screening. This form shall contain the employee's name, social security number, and position number and must be signed and dated by the employee and the collection site observer. This form shall be transmitted with the specimen to the designated laboratory.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(4).
• Law Implemented: SDCL 23-3-65.

Chapter 55:05:06 Testing procedures

ARSD 55:05:06:01 Collection site

The commissioner shall designate the site or sites to be used for collection of specimens for drug screen tests conducted pursuant to this article. Any facility or facilities designated as a collection site must have available all necessary materials, equipment, and facilities to provide for the collection, refrigerated temporary storage, and transportation of specimens to the designated laboratory.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:02 Collection site personnel

The commissioner shall designate and train personnel as collection site observers to provide for the integrity and security of records and specimens.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:03 Medical information form

The collection site observer shall give the employee or applicant a medical information form and shall inform the employee of the importance of completing the form. The medical information form requires disclosure of prescription medicines or over-the-counter products that were taken by the individual before the drug screening. This form shall contain the employee's or applicant's name, social security number, and position number and shall be signed and dated by the employee or applicant and the collection site observer. The medical information form shall be transmitted to the designated laboratory along with the specimen. The information collected on this form is confidential.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:04 Privacy of collection procedures

Procedures for obtaining the specimen shall allow for individual privacy unless the supervisor, appointing authority, commissioner, or collection site observer believes that the employee or applicant may alter or substitute the specimen.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:05 Collection site chain of custody

The collection site observer must maintain a chain of custody log. The chain of custody log shall indicate the name of the employee or applicant being tested and the name of the collection site observer for each specimen collected. To ensure the integrity of the specimen and the identity of the individual, the log must be maintained for a period of at least five years or until all legal remedies have been exhausted. The employee or applicant providing the sample and the collection site observer must initial the label on the specimen bottle and sign the corresponding log entry. Specimens shall be shipped to the designated laboratory within 24 hours after collection. Transportation of the specimen to the designated laboratory shall be completed in a manner that maintains the chain of custody, normally by certified mail or hand delivery.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:06 Designation of laboratory

The commissioner shall designate the laboratory or laboratories used to conduct all drug screen tests authorized by this article. The commissioner may conduct inspections of the designated laboratories at any time.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:07 Laboratory personnel

The designated laboratory used to conduct drug screen tests shall maintain qualified personnel responsible for the day-to-day management of the drug screen program.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:08 Repealed

Medical director.** Repealed.

History

• Source: 17 SDR 25, effective August 19, 1990; repealed, 32 SDR 32, effective August 30, 2005.

ARSD 55:05:06:09 Laboratory requirements

The designated laboratory must be able to perform both initial and confirmatory tests in a timely manner for all four classes of drugs specified in § 55:05:03:01.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:10 Storage of specimens

The designated laboratory must have the capacity to store specimens it tests in secure short-term refrigerated and long-term frozen storage. Any specimen which produces a confirmed positive result shall be retained for one year. Any confirmed positive test results and all other pertinent documentation shall be retained by the laboratory for five years or until legal remedies are exhausted.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:11 Subcontracts prohibited

The designated laboratory shall perform all testing with its own personnel and equipment and may not subcontract for work unless authorized by the commissioner.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:12 Laboratory security

The designated laboratory must be secure and must maintain limited access at all times. Only authorized personnel may have access to the testing area, specimens, and records. The laboratory shall document which personnel are authorized access to secure areas.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:13 Laboratory chain of custody

Laboratory chain of custody begins when the specimen is received from the collection site observer and continues with completion of testing and verification, reporting or results, storage, and final disposition. When the specimen is handled or transferred, the date and purpose must be documented on a chain of custody form; and every individual in the chain of custody must be identified.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:14 Initial screening test

The initial screening test shall use immunoassay technology, either enzyme multiplied immunoassay technique (emit), radioimmunoassay (ria), or fluorescence polarization immunoassay (fpia).

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:15 Negative specimens

Drug screen tests shall be considered and reported as negative if illicit drug levels are below the cut off level established and listed at 53 Fed. Reg. 11,983 (April 11, 1988). Any report of negative results will not be made part of an employee's permanent personnel record.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:16 Positive specimens

A positive specimen must be confirmed by a test using alternative technology to establish a confirmed positive test result. Confirmatory tests shall use gas chromatography/mass spectrometry (gc/ms) techniques.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:17 Review of confirmatory tests

All positive confirmatory test results data shall be reviewed and compared with the medical information form provided by the individual. The lab shall then review documentation provided for all positive results to ensure accuracy.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:06:18 Reporting results

The lab shall make the final determination regarding the test results and shall forward the test results to the commissioner within five working days after completion of all necessary testing procedures.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005.
• General Authority: SDCL 23-3-69(5).
• Law Implemented: SDCL 23-3-65.

Chapter 55:05:07 Consequences of results of drug screen tests

ARSD 55:05:07:01 Consequences to applicant of failure to submit to testing or of positive test results

Consequences to applicant of failure to submit to testing or of positive test result.** If an applicant refuses or fails to submit to a drug screening test or if an applicant has a confirmed positive result, the conditional offer of employment is void.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(8).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:07:02 Refusal of employee to submit to drug screen test

If an employee refuses to submit to a drug screen test requested pursuant to §55:05:05:02 or refuses to sign an affirmation of policy form or consent form, the refusal shall be considered the equivalent of a confirmed positive test result for the purpose of discipline or referral for treatment.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(8).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:07:03 Consequences to employee of confirmed positive test results

An employee covered by the Career Service Act or the Law Enforcement Civil Service Act who receives a confirmed positive drug screen test result may be subject to discipline in accordance with chapter 55:01:12 or 55:02:21 on the basis of a confirmed positive result.

Cross-References:

Referral for education or treatment, § 55:05:09:01.

Inpatient treatment programs, ch 44:14:41.

Outpatient treatment programs, ch 44:14:42.

History

• Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005.
• General Authority: SDCL 23-3-69(8).
• Law Implemented: SDCL 23-3-65.

Chapter 55:05:08 Confidentiality of test results

ARSD 55:05:08:01 Circumstances under which results may be disclosed

The commissioner may not disclose the results of a drug screen test without the prior written consent of the applicant or employee unless the disclosure is to the appointing authority who has authority to take disciplinary action against the employee or pursuant to an order of a court of competent jurisdiction.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(6).
• Law Implemented: SDCL 23-3-67, 23-3-68.

Chapter 55:05:09 Referral for education or treatment

ARSD 55:05:09:01 Referral for education or treatment

If an employee receives a confirmed positive drug screen result, the employee may be directed by the commissioner to participate in an approved drug abuse assistance or rehabilitation program which meets the requirements of chapter 44:14:41 or 44:14:42.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(7).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:09:02 Refusal to participate

Refusal by an employee to participate in an approved drug abuse assistance or rehabilitation program as directed by the commissioner is considered failure by the employee to successfully complete the approved drug abuse assistance or rehabilitation program for disciplinary purposes.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(7).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:09:03 Release of treatment information

Upon completion of the approved drug abuse assistance or rehabilitation program, the employee must provide a release of clinical verification to the commissioner showing that the employee has successfully completed the approved drug abuse assistance or rehabilitation program.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(7).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:09:04 Successful completion of program

For the purposes of the drug screening program, "successful completion of a drug abuse assistance or rehabilitation program" means that the employee has achieved and maintained a drug-free state as determined by a negative result from an authorized drug screen test as specified by the commissioner.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(7).
• Law Implemented: SDCL 23-3-65.

ARSD 55:05:09:05 Drug screen required after treatment

Drug screening required after treatment.** The commissioner may require an employee to submit to subsequent drug screen tests as necessary during an authorized drug abuse assistance or rehabilitation program and for a period of two years after the program ends to determine or verify that the employee has successfully completed the program.

History

• Source: 17 SDR 25, effective August 19, 1990.
• General Authority: SDCL 23-3-69(7).
• Law Implemented: SDCL 23-3-65.