20 : 48 : 17 : 10 . Failure to comply with program requirements -- Refrain-from-practice agreement. A participant who fails to comply may be reported to the board. Failure-to-comply incidences include:

1. (1) A positive toxicology screen;
2. (2) An unexcused, missed, tampered with, or abnormal drug screen;
3. (3) Failure to follow prescribed medical treatment;
4. (4) A violation of the participation agreement;
5. (5) Employment or practice concerns that have a high potential to cause patient harm; or

6. (6) An arrest or violation of law related to the participant’s substance use or mental health issue.

   Program personnel may request a participant who fails to comply with program requirements to sign a refrain-from-practice agreement and to extend the length of the participation agreement. A participant who fails to sign a refrain-from-practice agreement must be reported to the board and may be terminated from the program.

Source: 48 SDR 40, effective October 5, 2021

General Authority: SDCL 36-2A-14 .

Law Implemented: SDCL 36-2A-9 .