South Dakota Administrative Code

Rule 55:05:04:01 Drug test upon conditional offer of employment. ARTICLE 55:05 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 th…

Rule 55:05:04:02 Statement of knowledge and consent to be signed by applicant. ARTICLE 55:05 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 statemen…

Rule 55:05:04:03 Medical information form. ARTICLE 55:05 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 fo…

Rule 55:05:05:01 Employees to remain drug-free. 55:05:05:01. Employees to remain drug free. Each employee as defined in § 55:05:01:01 shall remain free of illegal drugs and substances. Source: 17 SDR 25, effective August 19, 1990; 32 SDR 32, effective August 30, 2005; 36 SDR 39, …

Rule 55:05:05:02 Request for employee to be screened. 55:05:05:02. Request for employee to be screened. 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 …

Rule 55:05:05:03 Reasonable suspicion. 55:05:05:03. Reasonable suspicion. 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 § 5…

Rule 55:05:05:04 Affirmation of policy form. ARTICLE 55:05 55:05:05:04. Affirmation of policy form. 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 con…

Rule 55:05:05:05 Consent form. 55:05:05:05. Consent form. 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. Whe…

Rule 55:05:05:06 Medical information form. 55:05:05:06. Medical information form. 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…

Rule 55:05:06:01 Collection site. 55:05:06:01. Collection site. 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…

Rule 55:05:06:02 Collection site personnel. 55:05:06:02. Collection site personnel. The commissioner shall designate and train personnel as collection site observers to provide for the integrity and security of records and specimens. Source: 17 SDR 25, effective August 19, 1990. …

Rule 55:05:06:03 Medical information form. 55:05:06:03. Medical information form. 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 requ…

Rule 55:05:06:04 Privacy of collection procedures. 55:05:06:04. Privacy of collection procedures. Procedures for obtaining the specimen shall allow for individual privacy unless the supervisor, appointing authority, commissioner, or collection site observer believes that the empl…

Rule 55:05:06:05 Collection site chain of custody. 55:05:06:05. Collection site chain of custody. 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 coll…

Rule 55:05:06:06 Designation of laboratory. 55:05:06:06. Designation of laboratory. 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 laborat…

Rule 55:05:06:07 Laboratory personnel. ARTICLE 55:05 55:05:06:07. Laboratory personnel. 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. Source: 17 SDR 25, effectiv…

Rule 55:05:06:08 Repealed. ARTICLE 55:05 55:05:06:08. Medical director. Repealed. Source: 17 SDR 25, effective August 19, 1990; repealed, 32 SDR 32, effective August 30, 2005.

Rule 55:05:06:09 Laboratory requirements. 55:05:06:09. Laboratory requirements. 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. Source: 17 SDR 25, effective August 1…

Rule 55:05:06:10 Storage of specimens. 55:05:06:10. Storage of specimens. 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 …

Rule 55:05:06:11 Subcontracts prohibited. 55:05:06:11. Subcontracts prohibited. The designated laboratory shall perform all testing with its own personnel and equipment and may not subcontract for work unless authorized by the commissioner. Source: 17 SDR 25, effective August 19,…

Rule 55:05:06:12 Laboratory security. 55:05:06:12. Laboratory security. 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 whi…

Rule 55:05:06:13 Laboratory chain of custody. 55:05:06:13. Laboratory chain of custody. 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…

Rule 55:05:06:14 Initial screening test. 55:05:06:14. Initial screening test. The initial screening test shall use immunoassay technology, either enzyme multiplied immunoassay technique (emit), radioimmunoassay (ria), or fluorescence polarization immunoassay (fpia). Source: 17 SD…

Rule 55:05:06:15 Negative specimens. 55:05:06:15. Negative specimens. 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 w…

Rule 55:05:06:16 Positive specimens. 55:05:06:16. Positive specimens. 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. …

Rule 55:05:06:17 Review of confirmatory tests. ARTICLE 55:05 55:05:06:17. Review of confirmatory tests. 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…

Rule 55:05:06:18 Reporting results. ARTICLE 55:05 55:05:06:18. Reporting results. 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 proced…

Rule 55:05:07:01 Consequences to applicant of failure to submit to testing or of positive test results. 55:05:07:01. Consequences to applicant of failure to submit to testing or of positive test result. If an applicant refuses or fails to submit to a drug screening test or if an …

Rule 55:05:07:02 Refusal of employee to submit to drug screen test. 55:05:07:02. Refusal of employee to submit to drug screen test. 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 consen…

Rule 55:05:07:03 Consequences to employee of confirmed positive test results. 55:05:07:03. Consequences to employee of confirmed positive test results. An employee covered by the Career Service Act or the Law Enforcement Civil Service Act who receives a confirmed positive drug sc…

Rule 55:05:08:01 Circumstances under which results may be disclosed. 55:05:08:01. Circumstances under which results may be disclosed. The commissioner may not disclose the results of a drug screen test without the prior written consent of the applicant or employee unless the disc…

Rule 55:05:09:01 Referral for education or 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 rehabil…

Rule 55:05:09:02 Refusal to participate. 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 ap…

Rule 55:05:09:03 Release of treatment information. 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 emp…

Rule 55:05:09:04 Successful completion of program. 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 dru…

Rule 55:05:09:05 Drug screen required after treatment. 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 fo…

Rule 55:06:01:01 Eligibility for longevity compensation. 55:06:01:01. Eligibility for longevity compensation. 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 und…

Rule 55:06:01:02 One longevity check each fiscal year. 55:06:01:02. One longevity check each fiscal year. 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 emplo…

Rule 55:06:01:03 Special categories of eligibility. 55:06:01:03. Special categories of eligibility. 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…

Rule 55:06:01:04 Hire date -- Proof of prior service. 55:06:01:04. Hire date -- Proof of prior service. 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 ca…

55:08:01:01. Definition of terms. Words and phrases defined in SDCL 3-6C-1 have the same meaning when used in this article. As used in this article: (1) "Adverse determination" means a determination by the South Dakota State Employee Health Plan or its designee utilization review…

Rule 55:08:02:01 Election of coverage. 55:08:02:01. Election of coverage. An eligible employee has 30 days from the date eligibility is determined to apply for coverage of any dependents without showing proof of insurability. Source: 38 SDR 213, effective July 1, 2012; 42 SDR 97,…

Rule 55:08:02:02 Provision of coverage. 55:08:02:02. Provision of coverage. The commissioner shall make health coverage available to eligible employees, Consolidated Omnibus Budget Reconciliation Act participants, and their dependents. Source: 38 SDR 213, effective July 1, 2012. …

55:08:02:03. Effective date of dependent coverage. Dependent coverage is effective on the first day of the month following the employee's hire date. Dependent coverage may not become effective before the effective date of the employee’s coverage. Source: 38 SDR 213, effective Jul…

Rule 55:08:02:04 Application for dependent coverage. 55:08:02:04. Application for dependent coverage. An eligible employee may apply for dependent coverage within 30 days after the employee’s marriage or the birth or adoption of a child. A child may be covered from birth by notif…

Rule 55:08:02:05 Reduction in or termination of dependent coverage. 55:08:02:05. Reduction in or termination of dependent coverage. An eligible employee enrolled for dependent coverage may reduce the number of dependents covered following a death, divorce, or marriage and if a de…

Rule 55:08:02:06 Notice of ability to continue coverage. 55:08:02:06. Notice of ability to continue coverage. If an eligible employee dies, is divorced or legally separated, terminates employment, has hours of employment reduced, or has a dependent who no longer qualifies as a de…

Rule 55:08:03:01 Election of employee and dependent coverage. 55:08:03:01. Election of employee and dependent coverage. An eligible employee has 30 days from the date eligibility is determined to elect the life benefit plan to cover the employee and the employee’s dependents with…

55:08:03:02. Beginning of coverage. Coverage begins the first day of the month following the employee’s hire date. Source: 38 SDR 213, effective July 1, 2012; 47 SDR 142, effective July 1, 2021. General Authority: SDCL 3-6E-13(4). Law Implemented: SDCL 3-6E-1, 3-6E-5.

Rule 55:08:03:03 Election of coverage after initial eligibility period. 55:08:03:03. Election of coverage after initial eligibility period. An eligible employee may elect coverage for the employee and the employee’s dependents after the initial eligibility period upon showing pro…