South Dakota Code § 3-6F-5

Promulgation of rules
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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.

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