An Act to revise the rule-making authority of the Human Resources Commissioner regarding the drug screening program for certain state employees.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 3-6F-5 be AMENDED:

3-6F-5. Promulgation of rules.

The human resources commissioner may promulgate rules, pursuant to chapter 1-26, necessary to carry out the provisions of this chapter with regard to:

(1) Listing of positions whose primary duty includes patient or resident care or supervision; safety-sensitive positions; and positions at the Department of Agriculture, Division of Wildland Fire, whose duties include firefighting;

(2) Substances to be screened;

(3) Drug screening procedures;

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

(5) Confidentiality of testing procedures;

(6) Referral for education or treatment; and

(7) Consequences that may result from valid positive test results or from failure to submit to a test.