20 : 48 : 17 : 02 . Evaluation committee qualifications and duties. The board shall appoint an evaluation committee comprised of at least three members. Committee members shall hold licensure as health care providers with expertise in treating substance use or mental health disorders. Each committee member shall serve a term of three years. No member may be appointed to more than three consecutive terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term. No committee member may serve on a licensing board or as an officer in a professional organization. Action taken by the committee pursuant to this chapter may be performed by a majority of members. The committee shall maintain the confidentiality of participant records and meet the requirements of SDCL chapter 1-25 . The program director shall convene the committee as often as needed to:

1. (1) Provide recommendations on the development of program policies;
2. (2) Approve substance use and mental health treatment programs or health care providers for use by participants;
3. (3) Provide recommendations on an applicant’s eligibility to enroll in the program;
4. (4) Approve individualized program participation agreements and return to work requirements;
5. (5) Evaluate a participant’s progress and recommend changes as needed;
6. (6) Evaluate and make recommendations on a participant’s toxicology results; and
7. (7) Provide recommendations on reporting an applicant or participant to the board.

Source: 48 SDR 40, effective October 5, 2021.

General Authority: SDCL 36-2A-14 .

Law Implemented: SDCL 36-2A-2 .