S.D. Admin. R. 55:05:01:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 55:05:01:01 - Definitions

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.

S.D. Admin. R. 55:05:01:01

17 SDR 25, effective 8/19/1990; 32 SDR 32, effective 8/30/2005; 36 SDR 39, effective 9/21/2009.

General Authority: SDCL 23-3-69, 41-20-8.8.

Law Implemented: SDCL 23-3-65, 41-20-8.4.