State Law > South Dakota > South Dakota Drug Testing Law

South Dakota Drug Testing Law

 

South Dakota's law regarding employment Drug Testing can be found in Title 23, Chapter 23-3 of the Codified Laws of South Dakota.

  • 23-3-64. Terms defined. Terms used in this chapter mean:
  • 23-3-65. Program for employees and applicants in safety-sensitive positions.
  • 23-3-66. Solicitation for employment -- Notice of drug screening program required.
  • 23-3-67. Confidentiality of results.
  • 23-3-68. Disclosure of information as misdemeanor.

23-3-64. Terms defined. Terms used in this chapter mean:

(1) "Commissioner," the commissioner of the bureau of personnel;

(2) "Safety-sensitive position," any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile;

(3) "Substance," marijuana as defined in subdivision 22-42-1 (7) and any controlled drug or substance as defined in chapter 34-20B.

23-3-65. Program for employees and applicants in safety-sensitive positions.

The commissioner shall establish and implement a drug screening program for applicants for safety-sensitive positions in state government. The commissioner may establish and implement a drug screening program for persons currently holding any safety-sensitive position in state government, based upon reasonable suspicion of illegal drug use by any such person.

23-3-66. Solicitation for employment -- Notice of drug screening program required.

Any printed public announcement or advertisement soliciting applications for employment in a safety-sensitive position in state government shall include a statement of the requirements of the drug screening program established under this chapter for applicants and employees holding such position.

23-3-67. 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 commissioner. An applicant or employee may have access to his information or test results upon written request to the commissioner.

23-3-68. Disclosure of information as misdemeanor.

Except as provided in Sec. 23-3-67, 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 under Sec. 23-3-67, or who compels another person to disclose such medical information, is guilty of a Class 2 misdemeanor.

23-3-69. Commissioner's authority to adopt rules.

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

(1) Listing of safety-sensitive positions;

(2) Substances to be screened;

(3) Drug screening procedures for applicants for safety-sensitive positions;

(4) Drug screening procedures for employees in safety-sensitive positions;

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

(6) Confidentiality of testing procedures;

(7) Referral for education or treatment;

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

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