CHAPTER 3-6F
STATE EMPLOYEES DRUG TESTING
3-6F-1 Drug screening program for applicants to certain positions--Program for employees in those positions.
3-6F-2 Solicitation for employment--Notice of drug screening program requirements.
3-6F-3 Confidentiality of results.
3-6F-4 Disclosure of information prohibited--Misdemeanor.
3-6F-5 Promulgation of rules.
3-6F-1. Drug screening program for applicants to certain positions--Program for employees in those positions.
The human resources commissioner shall establish and implement a drug screening program for applicants who seek the following employment:
(1) Positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;
(2) Positions at the South Dakota State Veterans' Home whose primary duty includes patient or resident care or supervision;
(3) Safety sensitive positions; and
(4) Positions in the Department of Public Safety, Wildland Fire Suppression Division whose duties include firefighting.
The human resources commissioner may also establish and implement a drug screening program for employees holding those positions based upon reasonable suspicion of illegal drug use by any employee.
Source: SL 2012, ch 23, § 83; SL 2019, ch 21, § 64; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
3-6F-2. Solicitation for employment--Notice of drug screening program requirements.
Any printed public announcement or advertisement soliciting applications for the positions listed in § 3-6F-1 shall include a statement of the requirements of the drug screening program.
Source: SL 2012, ch 23, § 84.
3-6F-3. Confidentiality of results.
Individual test results and medical information collected pursuant to this chapter are confidential. This information may be revealed only as authorized by the human resources commissioner. An applicant or employee may have access to the information or test results upon written request to the human resources commissioner.
Source: SL 2012, ch 23, § 85; SL 2019, ch 21, § 65.
3-6F-4. Disclosure of information prohibited--Misdemeanor.
Except as provided in § 3-6F-3, any person responsible for recording, reporting, or maintaining medical information required pursuant to the provisions of this chapter, who knowingly or intentionally discloses or fails to protect medical information declared to be confidential pursuant to § 3-6F-3, or who compels another person to disclose such medical information, is guilty of a Class 2 misdemeanor.
Source: SL 2012, ch 23, § 86.
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 Public Safety, 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.
Source: SL 2012, ch 23, § 87; SL 2019, ch 21, § 66; SL 2020, ch 19, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 61, eff. Apr. 19, 2021.
