reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:05 - State veterans' home › Chapter 50:05:01 - Residents' rules › Section 50:05:01:22 - Change of rules

Current through Register Vol. 51, page 10, July 15, 2024
The superintendent may supplement these rules without notice when necessary for the orderly management of the state veterans' home. Such changes should be immediately forwarded to the secretary of the South Dakota Department of Veterans Affairs.
General Authority:
SDCL  33A-4-4.
Law Implemented:
SDCL  33A-4-10.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:06 - Scholarships and grants › Chapter 50:06:01 - National guard tuition › Section 50:06:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms used in this chapter mean:
(1) "Act," SDCL  33-6-5 to  33-6-9, inclusive;
(2) "Secretary," the secretary of the Department of Military and Veterans Affairs;
(3) "Adjutant general," the secretary of the Department of Military and Veterans Affairs;
(4) "Academic year," in institutions under the control of the state board of regents, accumulation of 32 credit hours; in institutions under the supervision of the South Dakota Board of Education, enrollment in 1,080 hours in class;
(5) "Program of study," a course offering in one specific career area at a postsecondary technical institute as approved by the South Dakota Board of Education;
(6) "Benefits," the reduction of tuition charges authorized by the Act.
(7) "Satisfactory academic progress," a determination made by a state-supported postsecondary institution regarding a student's eligibility for continued enrollment; and
(8) "Resident student," a person who is determined by a state-supported postsecondary institution to be eligible to attend school upon payment of resident tuition.
General Authority:
SDCL  33-6-8.
Law Implemented:
SDCL  33-6-8.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:06 - Scholarships and grants › Chapter 50:06:01 - National guard tuition › Section 50:06:01:02 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A national guardsman meeting eligibility as prescribed in SDCL  33-6-7 may apply for benefits under either SDCL  33-6-5 or  33-6-6, but shall not exceed four academic years under either SDCL  33-6-5 or  33-6-6 or complete more than one program under SDCL  33-6-6.
General Authority:
SDCL  33-6-8.
Law Implemented:
SDCL  33-6-7,  33-6-8.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:06 - Scholarships and grants › Chapter 50:06:01 - National guard tuition › Section 50:06:01:03 - Certification and approval

Current through Register Vol. 51, page 10, July 15, 2024
The current national guard status of the applicant shall be certified on the application by the commander of the applicant's parent national guard unit or unit of attachment. The application shall be approved by the secretary upon determination by the postsecondary institution that the applicant is eligible to receive benefits under the act.
General Authority:
SDCL  33-6-8.
Law Implemented:
SDCL  33-6-5,  33-6-6,  33-6-7,  33-6-8.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:06 - Scholarships and grants › Chapter 50:06:01 - National guard tuition › Section 50:06:01:04 - Reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
A national guardsman who has been certified and approved to receive benefits under SDCL  33-6-6 shall be reimbursed for one-half of the tuition upon the filing by the postsecondary institution of the report required by §
									50:06:01:09.
General Authority:
SDCL  33-6-8.
Law Implemented:
SDCL  33-6-6.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:06 - Scholarships and grants › Chapter 50:06:01 - National guard tuition › Section 50:06:01:05 - Availability of funds

Current through Register Vol. 51, page 10, July 15, 2024
Tuition reimbursement to a guardsman receiving benefits under SDCL  33-6-6 is subject to availability of funds as appropriated by the Legislature and does not constitute a claim against the state of South Dakota in the absence of an appropriation for the specific program.
General Authority:
SDCL  33-6-8.
Law Implemented:
SDCL  33-6-8.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:06 - Scholarships and grants › Chapter 50:06:01 - National guard tuition › Section 50:06:01:06 - Continuing eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A guardsman receiving benefits under the provisions of SDCL  33-6-5 or  33-6-6 shall apply for recertification and approval to the unit commander each semester on prescribed forms.
General Authority:
SDCL  33-6-8.
Law Implemented:
SDCL  33-6-8.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:06 - Scholarships and grants › Chapter 50:06:01 - National guard tuition › Section 50:06:01:08 - Appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
A guardsman aggrieved by a decision or an action of a state-supported postsecondary institution regarding application of the national guard tuition program may, after exhausting all available review procedures provided by the institution, appeal the decision or action to the secretary who shall conduct a hearing pursuant to the contested case provisions of SDCL 1-26.
General Authority:
SDCL  33-6-7,  33-6-8.
Law Implemented:
SDCL  33-6-8.
South Dakota Administrative Rules › Title 50 - Military And Veterans' Affairs › Article 50:06 - Scholarships and grants › Chapter 50:06:01 - National guard tuition › Section 50:06:01:09 - Institutional report

Current through Register Vol. 51, page 10, July 15, 2024
Each state-supported postsecondary institution enrolling students who participate in the national guard tuition program shall determine for each semester or for each program of study whether a student desiring to participate in the national guard tuition program is a properly enrolled resident student and is maintaining satisfactory academic progress. The institution shall provide a list of all students enrolled in the national guard tuition program to the secretary upon completion of enrollment. The list of students shall identify for each individual student the amount of tuition paid by the student and the number of units of credit or number of hours in class as appropriate for which the student seeks benefits. In addition, each institution shall attach copies of each denied application for South Dakota national guard tuition assistance, SDNG form 56, to the report.
General Authority:
SDCL  33-6-7,  33-6-8.
Law Implemented:
SDCL  33-6-8.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:01 - Career service system, Repealed › Chapter 55:01:15.01 - Nondisciplinary separations, Repealed › Section 55:01:15.01:01 to 55:01:15.01:06 - Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:02 - Law enforcement civil service, Repealed › Chapter 55:02:16 - Certification of eligibles, Repealed › Section 55:02:16:06 and 55:02:16:07 - Certification of eligibles who possess current South Dakota law enforcement certification. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:01 - Definitions › Section 55:05:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the definitions contained in SDCL
				  23-3-64 and ARSD chapters 55:01:01
				  and 55:01:02, the following terms mean:
(1) "Applicant," an individual who is offered
				employment in or who is being promoted, demoted, or transferred to a
				safety-sensitive or direct care position or a position in the Department of
				Agriculture, Wildland Fire Suppression Division, with firefighting
				duties;
(2) "Chain of custody," the
				method of tracing each urine specimen to maintain control from initial
				collection to final disposition;
(3) "Collection site," the location
				designated by the commissioner at which an applicant or an employee is present
				to provide a urine specimen;
(4)
				"Confirmatory test," an analytical procedure to identify the presence of a
				specific drug or metabolite that is independent of the initial test performed
				on the same specimen and that uses a different chemical principle from that of
				the initial test to ensure reliability and accuracy;
(5) "Confirmed positive result," the presence
				of a controlled substance in the pure form or its metabolites at or above the
				cutoff level specified in 53 Fed. Reg. 11,983 (April 11, 1988) as identified in
				two consecutive tests on the same sample which employ different test methods
				and that is determined not to have been caused by an alternative medical
				explanation;
(6) "Employee," an
				individual currently employed in a safety-sensitive or direct care position or
				a position in the Department of Agriculture, Wildland Fire Suppression Division
				with firefighting duties;
(7)
				"Initial test," a screen to eliminate negative urine specimens from further
				consideration;
(8) "Negative
				result," the total absence or presence below the cut off level specified in 53
				Fed. Reg. 11,983 (April 11, 1988) of a controlled substance in the pure forms
				or its metabolites in sufficient quantities to be identified by either an
				initial test or confirmatory test.
General Authority:
SDCL 23-3-69,
					 41-20-8.8.
Law Implemented:
SDCL 23-3-65,
					 41-20-8.4.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:02 - Covered employees › Section 55:05:02:01 - Law enforcement classes

Current through Register Vol. 51, page 10, July 15, 2024
The following classes of law enforcement officers are
				  safety-sensitive positions:
(1)
				Highway patrol colonel;
(2) Highway
				patrol major;
(3) Highway patrol
				captain;
(4) Highway patrol
				lieutenant;
(5) Highway patrol
				sergeant;
(6) Headquarters
				corporal;
(7) Headquarters
				lieutenant;
(8) Headquarters
				sergeant;
(9) Highway patrol
				trooper;
(10) DCI
				director;
(11) DCI assistant
				director;
(12) DCI training
				coordinator;
(13) DCI agent
				I;
(14) DCI agent II;
(15) DCI agent III;
(16) Conservation officer;
(17) Park ranger;
(18) Conservation officer/park ranger
				trainee; and
(19) Special agent,
				revenue.
General Authority:
SDCL 23-3-69(1).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:02 - Covered employees › Section 55:05:02:02 - Custody staff

Current through Register Vol. 51, page 10, July 15, 2024
The following classes of custody staff are in
				  safety-sensitive positions:
(1) Any
				employee of the Department of Corrections; and
(2) Any employee authorized to work within a
				corrections facility operated by the Department of Corrections.
General Authority:
SDCL 23-3-69(1).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:02 - Covered employees › Section 55:05:02:03 - Direct care staff

Current through Register Vol. 51, page 10, July 15, 2024
The following positions are direct care staff:
(1) Positions at the South Dakota Human
				Services Center and South Dakota Developmental Center in the following classes:
(a) Dental assistant;
(b) Dental hygienist;
(c) Dentist;
(d) Direct support professional;
(e) Direct support
				professional/counselor;
(f) Direct
				support professional supervisor I;
(g) Direct support professional supervisor
				II;
(h) Human services charge
				nurse;
(i) Human services
				nurse;
(j) Human services nursing
				supervisor;
(k) Licensed practical
				nurse;
(l) Medication
				aide;
(m) Mental health
				aide;
(n) Mental health
				assistant;
(o) Mental health
				technician;
(p) Nurse
				aide;
(q) Occupational therapy
				coordinator;
(r) Occupational
				therapy/physical therapy assistant;
(s) Occupational therapist;
(t) Physician assistant;
(u) Physical therapist;
(v) Qualified developmental disability
				professional;
(w) Speech
				pathologist - speech language pathologist;
(x) Therapy aide;
(y) Youth counselor;
(z) Youth treatment supervisor;
(aa) Veteran's home nurse;
(bb) Veteran's home charge nurse;
(cc) Chemical dependency counselor;
(dd) Therapeutic recreation
				specialist;
(ee) Psychology
				assistants;
(ff) Industrial
				workshop manager;
(gg) Human
				services social worker;
(hh)
				Psychologists;
(ii) Psychiatrists;
(jj) Exempt teachers;
(kk) Behavior therapists;
(ll) ABE teachers;
(mm) Rehabilitation teachers;
(nn) Psychiatric social worker;
(oo) Chief of psychological
				services;
(pp) Medical
				director;
(qq) Director of social
				services;
(rr) Employment
				specialist;
(ss) Therapeutic
				recreation coordinator;
(tt)
				Production supervisor/job coach;
(uu) Chemical dependency
				supervisor;
(vv) Program
				assistant;
(ww) Program
				manager;
(xx) Activity
				planner;
(yy) Behavior intervention
				specialist;
(zz) Developmental
				disability program supervisor;
(aaa) Healthcare services
				coordinator;
(bbb) Human services
				counselor; and
(ccc) Physician;
				and
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:02 - Covered employees › Section 55:05:02:04 - Wildland Fire Suppression Division staff

Current through Register Vol. 51, page 10, July 15, 2024
The following are positions in the Department of Agriculture,
				  Wildland Fire Suppression Division, that include firefighting duties:
(1) Wildland fire division
				director;
(2) Assistant chief of
				administration;
(3) Division staff
				specialist;
(4) Wildland fire
				program specialist;
(5) Wildland
				fire management officer;
(6)
				Assistant wildland fire management officer;
(7) Wildland fire crew boss;
(8) Wildland fire squad boss;
(9) Seasonal hand crew;
(10) Seasonal engine crew; and
(11) Equipment technician.
General Authority:
SDCL 41-20-8.8.
Law Implemented:
SDCL
					 41-20-8.4
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:03 - Substances to be screened › Section 55:05:03:01 - Substances to be screened

Current through Register Vol. 51, page 10, July 15, 2024
Urine samples collected pursuant to §
									55:05:04:01 or
				  55:05:05:02 shall be screened for
				  the following substances:
(1)
				Marijuana/cannabinoids (THC);
(2)
				Cocaine metabolites;
(3)
				Amphetamines/methamphetamines; and
(4) Opiates.
General Authority:
SDCL 23-3-69(2).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:03 - Substances to be screened › Section 55:05:03:02 - Additional substances

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner may, if requested by an appointing
				  authority, approve screening to identify any additional substances as defined
				  in SDCL chapter 34-20 B.
General Authority:
SDCL 23-3-69(2).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:04 - Drug screening for applicants › Section 55:05:04:01 - Drug test upon conditional offer of employment

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 23-3-69(3).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:04 - Drug screening for applicants › Section 55:05:04:02 - Statement of knowledge and consent to be signed by applicant

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 23-3-69(3).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:04 - Drug screening for applicants › Section 55:05:04:03 - Medical information form

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 23-3-69(2).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:05 - Drug screening for employees › Section 55:05:05:01 - Employees to remain drug-free

Current through Register Vol. 51, page 10, July 15, 2024
Each employee as defined in §
									55:05:01:01 shall remain free of
				  illegal drugs and substances.
General Authority:
SDCL 23-3-69(4),
					 41-20-8.8.
Law Implemented:
SDCL 23-3-65,
					 41-20-8.4.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:05 - Drug screening for employees › Section 55:05:05:02 - Request for employee to be screened

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall, upon finding a reasonable suspicion
				  of illegal drug use by an employee as defined in §
									55:05:01:01 notify the employee of
				  findings and request that the employee submit to a drug screen test. The test
				  shall be administered within 24 hours after the request or as soon as
				  possible.
General Authority:
SDCL 23-3-69(4),
					 41-20-8.8.
Law Implemented:
SDCL 23-3-65,
					 41-20-8.4.
Reasonable suspicion, §
											55:05:05:03.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:05 - Drug screening for employees › Section 55:05:05:03 - Reasonable suspicion

Current through Register Vol. 51, page 10, July 15, 2024
Reasonable suspicion means that the commissioner has a
				  rational basis, whether from direct observation or from the reports of others,
				  to believe that an employee as defined in §
									55:05:01:01 has violated §
									55:05:05:01 or is under the
				  influence of drugs. Reasonable suspicion includes the following:
(1) An on-the-job accident or occurrence
				caused in whole or part by the employee's action or inaction or an exhibition
				of behavior or other demonstration by the employee that indicated that the
				employee may have been using or was under the influence of drugs;
(2) An on-the-job incident that may be
				attributed to drug use by the employee, such as a medical emergency;
(3) Direct observation of or information
				about conduct, speech, behavior, or appearance which is usually associated with
				being impaired by or under the influence of illegal drugs, such as the
				following:
(a) Shakiness;
(b) Trembling;
(c) Mood swings;
(d) Excessive absenteeism;
(e) A pattern of absenteeism;
(f) Frequent absences from the work
				station;
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:05 - Drug screening for employees › Section 55:05:05:04 - Affirmation of policy form

Current through Register Vol. 51, page 10, July 15, 2024
Each employee shall read, sign, and date an affirmation of
				  policy form at the time the employee is informed of the provisions of this
				  article and before any drug screen test is conducted on the employee. The
				  affirmation of policy form describes the drug screening
				  program.
General Authority:
SDCL 23-3-69(4).
Law Implemented:
SDCL
					 23-3-65.
Refusal of employee to submit to drug screen test, §
											55:05:07:02.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:05 - Drug screening for employees › Section 55:05:05:05 - Consent form

Current through Register Vol. 51, page 10, July 15, 2024
If an employee is asked to submit to a drug screen, the
				  employee shall sign a statement indicating consent to the collection of and
				  analysis of a urine specimen taken from the employee for the purpose of a drug
				  screen. When an employee signs the consent form, the employee acknowledges that
				  the results of the screen will be made available to the commissioner and the
				  appointing authority. The consent form contains the employee's name, social
				  security number, and position number. The form must be signed by the employee
				  and the appointing authority. If an employee is asked to submit to a drug
				  screen more than once, a new consent form must be signed each
				  time.
General Authority:
SDCL 23-3-69(4).
Law Implemented:
SDCL
					 23-3-65.
Refusal of employee to submit to drug screen test, §
											55:05:07:02.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:05 - Drug screening for employees › Section 55:05:05:06 - Medical information form

Current through Register Vol. 51, page 10, July 15, 2024
Before the drug screening, an employee shall complete a
				  confidential medical information form upon which the employee discloses
				  prescription medicines or over-the-counter products, if any, that were taken by
				  the employee before the drug screening. This form shall contain the employee's
				  name, social security number, and position number and must be signed and dated
				  by the employee and the collection site observer. This form shall be
				  transmitted with the specimen to the designated laboratory.
General Authority:
SDCL 23-3-69(4).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:01 - Collection site

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall designate the site or sites to be used
				  for collection of specimens for drug screen tests conducted pursuant to this
				  article. Any facility or facilities designated as a collection site must have
				  available all necessary materials, equipment, and facilities to provide for the
				  collection, refrigerated temporary storage, and transportation of specimens to
				  the designated laboratory.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:02 - Collection site personnel

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall designate and train personnel as
				  collection site observers to provide for the integrity and security of records
				  and specimens.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:03 - Medical information form

Current through Register Vol. 51, page 10, July 15, 2024
The collection site observer shall give the employee or
				  applicant a medical information form and shall inform the employee of the
				  importance of completing the form. The medical information form requires
				  disclosure of prescription medicines or over-the-counter products that were
				  taken by the individual before the drug screening. This form shall contain the
				  employee's or applicant's name, social security number, and position number and
				  shall be signed and dated by the employee or applicant and the collection site
				  observer. The medical information form shall be transmitted to the designated
				  laboratory along with the specimen. The information collected on this form is
				  confidential.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:04 - Privacy of collection procedures

Current through Register Vol. 51, page 10, July 15, 2024
Procedures for obtaining the specimen shall allow for
				  individual privacy unless the supervisor, appointing authority, commissioner,
				  or collection site observer believes that the employee or applicant may alter
				  or substitute the specimen.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:05 - Collection site chain of custody

Current through Register Vol. 51, page 10, July 15, 2024
The collection site observer must maintain a chain of custody
				  log. The chain of custody log shall indicate the name of the employee or
				  applicant being tested and the name of the collection site observer for each
				  specimen collected. To ensure the integrity of the specimen and the identity of
				  the individual, the log must be maintained for a period of at least five years
				  or until all legal remedies have been exhausted. The employee or applicant
				  providing the sample and the collection site observer must initial the label on
				  the specimen bottle and sign the corresponding log entry. Specimens shall be
				  shipped to the designated laboratory within 24 hours after collection.
				  Transportation of the specimen to the designated laboratory shall be completed
				  in a manner that maintains the chain of custody, normally by certified mail or
				  hand delivery.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:06 - Designation of laboratory

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall designate the laboratory or
				  laboratories used to conduct all drug screen tests authorized by this article.
				  The commissioner may conduct inspections of the designated laboratories at any
				  time.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:07 - Laboratory personnel

Current through Register Vol. 51, page 10, July 15, 2024
The designated laboratory used to conduct drug screen tests
				  shall maintain qualified personnel responsible for the day-to-day management of
				  the drug screen program.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:09 - Laboratory requirements

Current through Register Vol. 51, page 10, July 15, 2024
The designated laboratory must be able to perform both
				  initial and confirmatory tests in a timely manner for all four classes of drugs
				  specified in §
									55:05:03:01.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:10 - Storage of specimens

Current through Register Vol. 51, page 10, July 15, 2024
The designated laboratory must have the capacity to store
				  specimens it tests in secure short-term refrigerated and long-term frozen
				  storage. Any specimen which produces a confirmed positive result shall be
				  retained for one year. Any confirmed positive test results and all other
				  pertinent documentation shall be retained by the laboratory for five years or
				  until legal remedies are exhausted.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:11 - Subcontracts prohibited

Current through Register Vol. 51, page 10, July 15, 2024
The designated laboratory shall perform all testing with its
				  own personnel and equipment and may not subcontract for work unless authorized
				  by the commissioner.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:12 - Laboratory security

Current through Register Vol. 51, page 10, July 15, 2024
The designated laboratory must be secure and must maintain
				  limited access at all times. Only authorized personnel may have access to the
				  testing area, specimens, and records. The laboratory shall document which
				  personnel are authorized access to secure areas.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:13 - Laboratory chain of custody

Current through Register Vol. 51, page 10, July 15, 2024
Laboratory chain of custody begins when the specimen is
				  received from the collection site observer and continues with completion of
				  testing and verification, reporting or results, storage, and final disposition.
				  When the specimen is handled or transferred, the date and purpose must be
				  documented on a chain of custody form; and every individual in the chain of
				  custody must be identified.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:14 - Initial screening test

Current through Register Vol. 51, page 10, July 15, 2024
The initial screening test shall use immunoassay technology,
				  either enzyme multiplied immunoassay technique (emit), radioimmunoassay (ria),
				  or fluorescence polarization immunoassay (fpia).
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:15 - Negative specimens

Current through Register Vol. 51, page 10, July 15, 2024
Drug screen tests shall be considered and reported as
				  negative if illicit drug levels are below the cut off level established and
				  listed at 53 Fed. Reg. 11,983 (April 11, 1988). Any report of negative results
				  will not be made part of an employee's permanent personnel
				  record.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:16 - Positive specimens

Current through Register Vol. 51, page 10, July 15, 2024
A positive specimen must be confirmed by a test using
				  alternative technology to establish a confirmed positive test result.
				  Confirmatory tests shall use gas chromatography/mass spectrometry (gc/ms)
				  techniques.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:17 - Review of confirmatory tests

Current through Register Vol. 51, page 10, July 15, 2024
All positive confirmatory test results data shall be reviewed
				  and compared with the medical information form provided by the individual. The
				  lab shall then review documentation provided for all positive results to ensure
				  accuracy.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:06 - Testing procedures › Section 55:05:06:18 - Reporting results

Current through Register Vol. 51, page 10, July 15, 2024
The lab shall make the final determination regarding the test
				  results and shall forward the test results to the commissioner within five
				  working days after completion of all necessary testing
				  procedures.
General Authority:
SDCL 23-3-69(5).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:07 - Consequences of results of drug screen tests › Section 55:05:07:01 - Consequences to applicant of failure to submit to testing or of positive test results

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant refuses or fails to submit to a drug
				  screening test or if an applicant has a confirmed positive result, the
				  conditional offer of employment is void.
General Authority:
SDCL 23-3-69(8).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:07 - Consequences of results of drug screen tests › Section 55:05:07:02 - Refusal of employee to submit to drug screen test

Current through Register Vol. 51, page 10, July 15, 2024
If an employee refuses to submit to a drug screen test
				  requested pursuant to §
									55:05:05:02 or refuses to sign an
				  affirmation of policy form or consent form, the refusal shall be considered the
				  equivalent of a confirmed positive test result for the purpose of discipline or
				  referral for treatment.
General Authority:
SDCL 23-3-69(8).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:07 - Consequences of results of drug screen tests › Section 55:05:07:03 - Consequences to employee of confirmed positive test results

Current through Register Vol. 51, page 10, July 15, 2024
An employee covered by the Career Service Act or the Law
				  Enforcement Civil Service Act who receives a confirmed positive drug screen
				  test result may be subject to discipline in accordance with chapter 55:01:12 or
				  55:02:21 on the basis of a confirmed positive result.
General Authority:
SDCL 23-3-69(8).
Law Implemented:
SDCL
					 23-3-65.
Referral for education or treatment, §
											55:05:09:01.
Inpatient treatment programs, ch 44:14:41.
Outpatient treatment programs, ch
					 44:14:42.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:08 - Confidentiality of test results › Section 55:05:08:01 - Circumstances under which results may be disclosed

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner may not disclose the results of a drug
				  screen test without the prior written consent of the applicant or employee
				  unless the disclosure is to the appointing authority who has authority to take
				  disciplinary action against the employee or pursuant to an order of a court of
				  competent jurisdiction.
General Authority:
SDCL 23-3-69(6).
Law Implemented:
SDCL 23-3-67,
					 23-3-68.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:09 - Referral for education or treatment › Section 55:05:09:01 - Referral for education or treatment

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 23-3-69(7).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:09 - Referral for education or treatment › Section 55:05:09:02 - Refusal to participate

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 23-3-69(7).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:09 - Referral for education or treatment › Section 55:05:09:03 - Release of treatment information

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 23-3-69(7).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:09 - Referral for education or treatment › Section 55:05:09:04 - Successful completion of program

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 23-3-69(7).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:05 - Drug screening program › Chapter 55:05:09 - Referral for education or treatment › Section 55:05:09:05 - Drug screen required after treatment

Current through Register Vol. 51, page 10, July 15, 2024
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.
General Authority:
SDCL 23-3-69(7).
Law Implemented:
SDCL
					 23-3-65.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:06 - Longevity compensation › Chapter 55:06:01 - Eligibility requirements › Section 55:06:01:01 - Eligibility for longevity compensation

Current through Register Vol. 51, page 10, July 15, 2024
An employee not excluded by SDCL
				  3-8-13 is eligible to receive
				  longevity pay for each full year of employment if the employee is eligible to
				  receive employee benefits under SDCL chapters 3-12 and 3-6 E and is customarily
				  employed for 20 hours or more a week at least 6 months a
				  year.
General Authority:
SDCL
					 3-8-13.
Law Implemented:
SDCL
					 3-8-13.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:06 - Longevity compensation › Chapter 55:06:01 - Eligibility requirements › Section 55:06:01:02 - One longevity check each fiscal year

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee may receive only one longevity payment
				  each fiscal year. The longevity pay date for an employee who has continuous
				  service is the date on which the employee's service equals a full year of
				  service. The longevity payment shall be paid within the pay period for which
				  the employee's annual year of service date occurs. The longevity pay date for
				  an employee who has had a break in service is the date that the employee's
				  prior service plus the current service equals a full year of
				  service.
General Authority:
SDCL
					 3-8-13.
Law Implemented:
SDCL
					 3-8-13.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:06 - Longevity compensation › Chapter 55:06:01 - Eligibility requirements › Section 55:06:01:03 - Special categories of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee who has terminated employment with the
				  state and is on annual leave when the employee's longevity pay date occurs
				  shall receive the full longevity compensation payment to which the employee is
				  entitled. If an eligible employee retires, is laid off, or dies before reaching
				  the longevity pay date for the fiscal year, the employee shall receive a
				  prorated longevity compensation payment based on the number of full calendar
				  months that the employee worked or was on terminal annual leave. Prorated
				  longevity compensation shall be calculated using the period from the previous
				  longevity payment date to the employee's last paid date on
				  payroll.
General Authority:
SDCL
					 3-8-13.
Law Implemented:
SDCL
					 3-8-13.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:06 - Longevity compensation › Chapter 55:06:01 - Eligibility requirements › Section 55:06:01:04 - Hire date - Proof of prior service

Current through Register Vol. 51, page 10, July 15, 2024
An employee's hire date is the month, day, and year the
				  employee begins continuous service with the state. Prior service in the
				  employment of state government may be used to calculate longevity compensation
				  upon proof of the employment and the date of employment. Prior service is
				  determined by an employee's hire and termination dates. Prior service may be
				  proved by documentation such as state payroll records, a letter of appointment,
				  notice of termination, or pay check stubs. The proof of the prior service, if
				  other than state payroll records, must be approved by the commissioner and must
				  document the employee's hire and termination dates.
General Authority:
SDCL
					 3-8-13.
Law Implemented:
SDCL
					 3-8-13.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:01 - Definitions › Section 55:08:01:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL 3-6C-1 have the same meaning when used
				  in this article. In addition, terms used in this article mean:
(1) "Adverse determination," a determination
				by the South Dakota State Employee Health Plan or its designee utilization
				review organization that an admission, availability of care, continued stay, or
				other health-care service that is a covered benefit has been reviewed and,
				based upon the information provided, does not meet the South Dakota State
				Employee Health Plan's requirements for medical necessity, appropriateness,
				health-care setting, level of care, or effectiveness, and the requested service
				or payment for the service is therefore denied, reduced, or
				terminated;
(2) "Claim," the
				request of coverage of an eligible employee or any other person under the South
				Dakota State Employee Health Plan;
(3) "Contract period" or "plan year," that
				period beginning on July 1 of one year and ending on June 30 of the following
				year;
(4) "Contribution or
				premium," the sum paid by or on behalf of an employee as consideration for a
				life, health, or flexible benefits;
(5) "Eligible employee," a permanent
				full-time employee, permanent part-time employee, or an employee employed by a
				participating unit who has worked an average of 30 hours or more per week
				during a 12 month period, as defined by the Patient Protection and Affordable
				Care Act of 2010, as amended;
(6)
				"Flexible benefits plan," a benefits plan that allows members to select from a
				list of benefits options, some or all of which may be tax-advantaged, and which
				may vary depending on the status of a member as either an employee or retiree.
				The options may include dental, vision, medical spending accounts, dependent
				care and others as determined by the bureau;
(7) "Participating unit," any department,
				bureau, campus, institution, board, or commission of the state that has
				employees who are eligible for participation;
(8) "Proof of insurability," evidence of a
				person's medical condition based upon a medical examination, a person's medical
				history, or a doctor's statement regarding a person's health;
General Authority:
SDCL 3-6E-13.
Law Implemented:
SDCL 3-6E-1,
					 26 U.S.C. §
												4980H, 45 C.F.R. §
					 147.36.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:02 - Health benefit › Section 55:08:02:01 - Election of coverage

Current through Register Vol. 51, page 10, July 15, 2024
An eligible employee has 30 days from the date eligibility
				  is determined to apply for coverage of any dependents without showing proof of
				  insurability.
General Authority:
SDCL 3-6E-13(3), SDCL
					 3-6E-13(9).
Law Implemented:
SDCL 3-6E-1, 3-6E-4,
					 26 U.S.C. §
												4980H.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:08 - State employee benefits › Chapter 55:08:02 - Health benefit › Section 55:08:02:02 - Provision of coverage

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall make health coverage available to
				  eligible employees, Consolidated Omnibus Budget Reconciliation Act
				  participants, and their dependents.
General Authority:
SDCL
					 3-6E-13(2).
Law Implemented:
SDCL
					 3-6E-1,
					 3-6E-6.