AMENDMENT FOR PRINTED BILL
1095jd

___________________ moved that HB 1095 be amended as follows:

     On page 4, after line 24 of the printed bill, insert:

"      Section 15. That chapter 1-36A be amended by adding thereto a NEW SECTION to read as follows:

     The commissioner of the Bureau of Personnel shall establish and implement a drug screening program for applicants who seek positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision. The commissioner may establish and implement a drug screening program for employees holding positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision, based upon reasonable suspicion of illegal drug use by any such employee.

     Section 16. That chapter 1-36A be amended by adding thereto a NEW SECTION to read as follows:

     Any printed public announcement or advertisement soliciting applications for employment in a position at the South Dakota Human Services Center or South Dakota Developmental Center whose primary duty includes patient or resident care or supervision shall include a statement of the requirements of the drug screening program established pursuant to section 15 of this Act for applicants seeking and employees holding such position.

     Section 17. That chapter 1-36A be amended by adding thereto a NEW SECTION to read as follows:

     Individual test results and medical information collected pursuant to sections 15 to 19, inclusive, of this Act are confidential. This information may be revealed only as authorized by the commissioner of the Bureau of Personnel. An applicant or employee may have access to the information or test results upon written request to the commissioner.

     Section 18. That chapter 1-36A be amended by adding thereto a NEW SECTION to read as follows:

     Except as provided in section 3 of this Act, any person responsible for recording, reporting, or maintaining medical information required pursuant to sections 15 to 19, inclusive, of this Act, who knowingly or intentionally discloses or fails to protect medical information declared to be confidential under section 3 of this Act or who compels another person to disclose such medical information, is guilty of a Class 2 misdemeanor.

     Section 19. That chapter 1-36A be amended by adding thereto a NEW SECTION to read as follows:

     The commissioner of the Bureau of Personnel may promulgate rules, pursuant to 1-26, necessary to carry out the provisions of sections 15 to 18, inclusive, of this Act with regard to:

             (1)    Listing of positions whose primary duty includes patient or resident care or supervision;

             (2)    Substances to be screened;

             (3)    Drug screening procedures for applicants for positions at the South Dakota Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;

             (4)    Drug screening procedures for employees at the South Dakota Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;

             (5)    Procedures for collecting, analyzing, and evaluating test samples;

             (6)    Confidentiality of testing procedures;

             (7)    Referral for education or treatment;

             (8)    Consequences which may result from valid positive test results or from failure to submit to a test.".