44:90:02:06. Designated caregivers -- State-only background check -- Prohibition of remuneration. Each person designated as a designated caregiver to one or more qualifying patients shall submit to the Division of Criminal Investigation once every two years:

1. (1) A photocopy of an unexpired form of identification acceptable for voter identification pursuant to SDCL 12-18-6.1;
2. (2) A Division of Criminal Investigation fingerprint card processed by a local law enforcement agency; and

3. (3) An authorization and release form releasing the results of a state-only background check to the department, and payment of any fee charged by the Division of Criminal Investigation.

   A designated caregiver shall submit to the department a photograph meeting the requirements of § 44:90:02:04(3) once every five years. A designated caregiver shall acknowledge in writing to the department the prohibition of remuneration other than direct costs incurred for assisting with the registered qualifying patient's medical use of cannabis, pursuant to SDCL 34-20G-2(2).

Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022 .

General Authority: SDCL 34-20G-72 (4).

Law Implemented: SDCL 34-20G-1 (10), 34-20G-2 (2), 34-20G-2 9, 34-20G-30 , 34-20G-32 , 34-20G-33 .

Prior versions effective: 2021-10-05.