Drug Testing Law Summaries
South Dakota, Drug Testing Law Summaries
South Dakota's drug testing law is located in the South Dakota Codified Laws at Title 23, Chapter 23-3; Title 22, Chapter 22-4; Title 1, Chapter 1-36A, Sections 1-36A-20 through 1-36A-23; and Title 27B, Chapter 27B-1, Section 27B-1-19.
DEFINITIONS
“Marijuana ” includes all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant (Sec. 22-42-1(7)).
“Safety-sensitive position ” refers to 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 (Sec. 23-3-64(2)).
“Substance ” refers to marijuana and any controlled drug or substance (Sec. 23-3-64(3)).
COVERAGE
Public employers are covered by South Dakota's drug testing laws (Secs. 23-3-64 -23-3-69, and 22-42-1; 1-36A-20 to 1-36A-23; and 27B-1-19).
WHAT THE EMPLOYER MUST DO
Public employers
High-risk, safety-sensitive jobs.- The Commissioner of the Bureau of Personnel has the authority to 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 (Sec. 23-3-65).
Wildland fire suppression division.- The commissioner of the Bureau of Personnel must establish and implement a drug screening program for applicants seeking positions in the Department of Agriculture, Wildland Fire Suppression Division whose duties include firefighting. In addition, the commissioner may establish and implement a drug screening program for employees holding positions in the Department of Agriculture, Wildland Fire Suppression Division whose duties include firefighting, based upon reasonable suspicion of illegal drug use by any employee. The commissioner of the Bureau of Personnel may promulgate rules, pursuant to chapter 1-26, necessary to carry out the provisions of this Act with regard to: (1) Listing of positions whose duties include firefighting; (2) Substances to be screened; (3) Drug screening procedures for applicants for positions at the Department of Agriculture, Wildland Fire Suppression Division, whose duties include firefighting; (4) Drug screening procedures for employees at the Department of Agriculture, Wildland Fire Suppression Division, whose duties include firefighting; (5) Procedures for collecting, analyzing, and evaluating test samples; (6) Confidentiality of testing procedures; (7) Referral for education or treatment; and (8) Consequences that may result from valid positive test results or from failure to submit to a test (New law, added by Sections 1 and 5 of S.B. 51, L. 2009, enacted March 4, 2009, and effective July 1, 2009; Not yet codified, but to be added to Chapter 41-20).
Employment ads.- Printed public announcements or advertisements soliciting applications for employment in a safety-sensitive position in state government must include a statement of the requirements of any drug screening program affecting law enforcement agencies (Sec. 23-3-66).
Privacy.- Individual test results and medical information collected pursuant to South Dakota's drug testing law are confidential. This information may be revealed only as authorized by the Commissioner of the Bureau of Personnel. Applicants and employees may have access to their own information or test results upon written request to the commissioner (Sec. 23-3-67).
Facilities providing patient or resident care or supervision.- The Commissioner of the Bureau of Personnel shall establish and implement a drug screening program for applicants who seek positions at the Human Services Center or the South Dakota Developmental Center or the South Dakota State Veterans' Home whose primary duty includes patient or resident care or supervision. The commissioner may establish and implement a drug screening program for employees holding positions at the Human Services Center or the South Dakota Developmental Center or the South Dakota State Veterans' Home whose primary duty includes patient or resident care or supervision, based upon reasonable suspicion of illegal drug use by any such employee (Sec. 1-36A-20, added by Ch. 21 (H. 1095), L. 2005, effective July 1, 2005).
Any printed public announcement or advertisement soliciting applications for employment at the South Dakota Human Services Center or South Dakota Developmental Center or the South Dakota State Veterans' Home for a position in which the primary duty includes patient or resident care or supervision, shall include a statement of the requirements of the drug screening program established pursuant to this law (Sec. 1-36A-21, added by Ch. 21 (H. 1095), L. 2005, effective July 1, 2005).
Individual test results and medical information collected pursuant to this law are confidential. This information may be revealed only as authorized by the commissioner of the Bureau of Personnel. An applicant or employee may have access to the information or test results upon written request to the commissioner (Sec. 1-36A-22, added by Ch. 21 (H. 1095), L. 2005, effective July 1, 2005).
Except as provided in Sec. 1-36A-22 (just above), any person responsible for recording, reporting, or maintaining medical information required pursuant to the provisions of this law, who knowingly or intentionally discloses or fails to protect medical information declared to be confidential or who compels another person to disclose such medical information, is guilty of a Class 2 misdemeanor (Sec. 1-36A-23, added by Ch. 21 (H. 1095), L. 2005, effective July 1, 2005).
Adjustment training centers.- Any adjustment training center shall have a drug screening policy for applicants seeking employment whose primary duty includes patient or resident care or supervision. Any adjustment training center shall have a drug screening policy for employees whose primary duty includes patient or resident care or supervision, based upon reasonable suspicion of illegal drug use by such employee (Sec. 27B-1-19, added by Ch. 21 (H. 1095), L. 2005, effective July 1, 2005).
NOTICE
Notice of drug testing
Printed public announcements or advertisements soliciting applications for employment in a safety-sensitive position in state government must include a statement of the requirements of any drug screening program affecting law enforcement agencies (Sec. 23-3-66).
ENFORCEMENT
Rulemaking
The Commissioner of the Bureau of Personnel has the authority to adopt rules necessary to carry out the provisions of South Dakota's drug testing law with regard to a list of safety-sensitive positions covered, substances to be screened, screening procedures, confidentiality, referral for education or treatment, and consequences of test results or failure to submit to testing (Sec. 23-3-69).
WHO TO CONTACT
Contact the Commissioner of the Bureau of Personnel at State Capitol, 500 E. Capital Avenue, Pierre, SD 57501-5070. Telephone: (605) 773-4918. Fax: (605) 773-4344.
PENALTIES
Privacy violations
Except as provided in Sec. 23-3-67, any person responsible for recording, reporting or maintaining medical information required pursuant to South Dakota's drug testing law, 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 (Sec. 23-3-68).