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.

          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.

          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.

          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.

          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.

          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.