An appointing authority may refer an employee to a counseling service or program as a condition of continued employment if the employee has documented poor work performance, disrupted the office, or has poor attendance or other work-related problems. If an employee fails a drug test administered pursuant to SDCL chapter 3-6 F, or has been convicted of a violation of a criminal drug statute that occurred in the workplace, the appointing authority may require the employee to participate satisfactorily in an approved drug abuse assistance or rehabilitation program that meets the requirements of article 55:05. Satisfactory participation is determined by the program.
S.D. Admin. R. 55:10:02:10
General Authority: SDCL 3-6D-14.
Law Implemented: SDCL 3-6D-14, 3-6F-5.