CHAPTER 55:05:09

REFERRAL FOR EDUCATION OR TREATMENT

Section

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

55:05:09:02        Refusal to participate.

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

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

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

          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.

          Source: 17 SDR 25, effective August 19, 1990.

          General Authority:SDCL 23-3-69(7).

          Law Implemented:SDCL 23-3-65.

          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.

          Source: 17 SDR 25, effective August 19, 1990.

          General Authority:SDCL 23-3-69(7).

          Law Implemented:SDCL 23-3-65.

          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.

          Source: 17 SDR 25, effective August 19, 1990.

          General Authority:SDCL 23-3-69(7).

          Law Implemented:SDCL 23-3-65.

          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.

          Source: 17 SDR 25, effective August 19, 1990.

          General Authority:SDCL 23-3-69(7).

          Law Implemented:SDCL 23-3-65.

          55:05:09:05.  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.

          Source: 17 SDR 25, effective August 19, 1990.

          General Authority:SDCL 23-3-69(7).

          Law Implemented:SDCL 23-3-65.