S.D. Codified Laws § 34-20A-109 — SD Code / Title 34 / Chapter 20A / Section 34-20A-109
Definitions related to reporting person in need of emergency assistance for drug-related overdose
Status: in_force

Terms used in §§ 34-20A-110 to 34-20A-113 , inclusive, mean:

(1) "Drug-related overdose," an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a person would reasonably believe to be a drug overdose that requires medical assistance.

Source: SL 2017, ch 154, § 1.
S.D. Codified Laws § 34A-6-1.9 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.9
Perpetual responsibility for solid waste and liability for pollution
Status: in_force

Any nation, state, first or second class municipality, county, or political subdivision which has solid waste generated within its boundaries disposed of in this state shall be responsible in perpetuity for the solid waste and liable in perpetuity for any pollution or other deleterious effect caused by it.

Source: SL 1989, ch 306, § 11; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-5-13 — SD Code / Title 34 / Chapter 5 / Section 34-5-13
Removal of food by law enforcement officers allowed when necessary
Status: in_force

Sections 34-5-9 to 34-5-18 , inclusive, do not prevent any state, county, or municipal law enforcement officer from supervising the moving of distressed food to a temporary holding area when such movement is necessary for highway safety or protection and control of the distressed food.

Source: SL 1974, ch 241, § 5.
S.D. Codified Laws § 34-1-16.1 — SD Code / Title 34 / Chapter 1 / Section 34-1-16.1
Fee schedule for inspections and licenses--Disposition of fees
Status: in_force

The South Dakota Department of Health may establish by regulation a fee schedule not otherwise provided by statute for environmental health inspections and licenses provided by the State Department of Health. The fee established by regulation may not exceed the actual cost involved for supplying such services, including building costs, maintenance, and operation. Fees received for the services as defined in this section shall be deposited in the South Dakota general fund.

Source: SL 1970, ch 204, §§ 1, 2; SL 1985, ch 283, § 21.
S.D. Codified Laws § 34-12-35.5 — SD Code / Title 34 / Chapter 12 / Section 34-12-35.5
Access critical nursing facilities
Status: in_force

The Department of Human Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria:

(1) No other nursing facility is located within twenty miles;

(2) The nursing facility is located in the largest municipality within thirty-five miles, unless the next closest nursing facility is located more than fifty miles from any other nursing facility;

(3) The nursing facility provides nursing facility services;

(4) The nursing facility is integrated with other health care services, either through affiliation with other services or through formal agreement;

(5) The current five-year average number of occupied beds in the facility is less than sixty; and

(6) The nursing facility agrees to relinquish any excess moratorium beds that are authorized pursuant to § 34-12-35.4 .

Source: SL 2011, ch 154, § 1; SL 2021, ch 140, § 1.
S.D. Codified Laws § 34-24-19 — SD Code / Title 34 / Chapter 24 / Section 34-24-19
Phenylketonuria, hypothyroidism, or galactosemia tests when facilities not available
Status: in_force

If facilities are not available for the screening of newborn infants for the phenylketonuria syndrome, for hypothyroidism or for galactosemia, the Department of Health shall arrange for testing through the director of laboratories.

Source: SL 1973, ch 233, § 7; SL 1982, ch 264, § 3; SL 1985, ch 283, § 23; SL 1991, ch 277, § 2.
S.D. Codified Laws § 34-22-25 — SD Code / Title 34 / Chapter 22 / Section 34-22-25
Health officer or physician to report information on person with dangerous communicable disease
Status: in_force

Any health officer or physician who has information that any person, including a patient, is by the person's conduct or mode of living, endangering the health or well-being of the person's family or other persons because of communicable diseases, shall report the information to the department. The report shall state the name and address of the person and shall include a summary of the pertinent information available and known by the health officer or physician.

Source: SL 1968, ch 119, § 3; SL 2015, ch 181, § 21.
S.D. Codified Laws § 34-26A-21.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-21.1
Record of the cremation--Retention
Status: in_force

Upon completion of a cremation, crematory personnel shall prepare a record of the cremation, and include the name of the decedent and the date and time of the cremation.

The crematory shall retain the record required by this section in accordance with the record retention provisions set forth in § 34-26A-25.1 .

Source: SL 2023, ch 129, § 19.
S.D. Codified Laws § 34A-5-32 — SD Code / Title 34A / Chapter 5 / Section 34A-5-32
Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation
Status: in_force

If a sanitary district commences a condemnation action and files a declaration of taking and obtains an order of possession as provided in chapter 31-19 , and later abandons the action when the property is no longer necessary for public purposes or the use of which the property was originally sought to be condemned no longer exists, the board of trustees of a sanitary district, upon order of the circuit court in which the condemnation action is pending, shall convey the property to the original owner and the original owner shall return the deposit on file with the clerk of courts. This section applies to any condemnation action abandoned by a sanitary district, organized under this chapter, prior to the effective date of this section.

Source: SDCL § 34-17-26.1 as added by SL 1975, ch 221, §§ 1, 2; SDCL Supp, § 34-17-26.2; SL 2011, ch 165, § 93.
S.D. Codified Laws § 34-12-15.10 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.10
Escheat of unclaimed funds of deceased resident--Notice and transfer to state
Status: in_force

If, upon the death of a resident and after notification to any known guardian, conservator, or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the state notwithstanding chapter 21-36 . The home or other facility shall notify the office of surplus property of such unclaimed property. However, all money, stocks, bonds, contracts, and claims on banks which can readily be converted to money shall be sent to the state treasurer for deposit in the general fund.

Source: SL 1977, ch 279, § 10; SL 1993, ch 213, § 222.
S.D. Codified Laws § 34-54-4 — SD Code / Title 34 / Chapter 54 / Section 34-54-4
Accepting patients--Discontinuing care
Status: in_force

Direct primary care practices may not decline to accept a new direct primary care patient or discontinue care to an existing patient solely because of the patient's health status. A direct practice may decline to accept a patient if the practice has reached its maximum capacity, or if the patient's medical condition is such that the provider is unable to provide the appropriate level and type of primary care services the patient requires. So long as the direct primary care practice provides the patient notice and opportunity to obtain care from another physician, the direct primary care practice may discontinue care for a direct primary care patient if:

(1) The patient fails to pay the periodic fee;

(2) The patient has performed an act of fraud;

(3) The patient repeatedly fails to adhere to the recommended treatment plan;

(4) The patient is abusive and presents an emotional or physical danger to the staff or other patients of the direct practice; or

(5) The direct primary care practice discontinues operation as a direct primary care practice.

Source: SL 2021, ch 159, § 4.
S.D. Codified Laws § 34A-5-3 — SD Code / Title 34A / Chapter 5 / Section 34A-5-3
Map of proposed district
Status: in_force

Any person making application for the organization of a sanitary district shall first cause an accurate map to be made of the territory intended to be included in the sanitary district, showing the boundaries and area of the district. The accuracy of the map shall be verified by the affidavit of a surveyor. The map may be completed by reviewing records and legal descriptions at a county register of deeds office.

Source: SL 1947, ch 226, § 2; SDC Supp 1960, § 45.3802; SDCL § 34-17-3; SL 2001, ch 190, § 1; SL 2011, ch 165, § 86.
S.D. Codified Laws § 34-25-24.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-24.1
Notice to funeral director--Communicable disease or condition
Status: in_force

For deaths occurring in a health care facility licensed under chapter 34-12 , the health care facility shall notify the funeral director, or person acting as such who first assumes custody of the dead body, if the body at the time of death had a communicable disease or condition that is the subject of a declared public health emergency pursuant to § 34-22-42 or the subject of a declaration of the Governor pursuant to chapter 34-48A .

Source: SL 2021, ch 153, § 1.
S.D. Codified Laws § 34-48-4 — SD Code / Title 34 / Chapter 48 / Section 34-48-4
Provision of assistance
Status: in_force

Any deploying public agency or covered entity receiving a request for assistance under this chapter may provide the requested assistance.

Source: SL 2006, ch 189, § 4.
S.D. Codified Laws § 34-26-64 — SD Code / Title 34 / Chapter 26 / Section 34-26-64
Other prohibited acts
Status: in_force

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class 5 felony.

Source: SL 2007, ch 197, § 17.
S.D. Codified Laws § 34A-2-116 — SD Code / Title 34A / Chapter 2 / Section 34A-2-116
Development of pretreatment programs for publicly owned treatment works--Assumption of local responsibilities by secretary on request
Status: in_force

A pretreatment program shall be developed for any publicly owned treatment works or combination of publicly owned treatment works operated by the same authority as required by section 307 of the Federal Water Pollution Control Act as amended to January 1, 2011. The owner of any publicly owned treatment works that is required to develop a program may request the secretary to assume local pretreatment responsibilities for that publicly owned treatment works.

Source: SL 1992, ch 254, § 54; SL 2011, ch 165, § 66.
S.D. Codified Laws § 34-34A-9.5 — SD Code / Title 34 / Chapter 34A / Section 34-34A-9.5
Transactions exempt from application of statutory manufacture or sale provisions
Status: in_force

Subdivision 34-34A-9.4 (1) does not apply:

(1) To the offer for sale or to the sale of any manufactured home after the first purchase of it in good faith for purposes other than resale; or

(2) To any person who establishes that he did not have reason to know, exercising due care, that the manufactured home does not conform with applicable federal manufactured home construction and safety standards.

Source: SL 1982, ch 267, § 6; SL 1990, ch 278, § 12.
S.D. Codified Laws § 34-37-2 — SD Code / Title 34 / Chapter 37 / Section 34-37-2
Licenses required for sale of fireworks--Application--Duration--Display--Violation as misdemeanor
Status: in_force

A person is guilty of a Class 1 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state without a license as a wholesaler or retailer issued under this chapter.

Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by the department. An application shall be accompanied by an application fee of five hundred dollars for a wholesaler's license, and twenty-five dollars for a retailer's license.

In addition to a license as a retailer issued under this section, a retailer shall obtain a retailer sales license for a fee of twenty-five dollars, for each sales period specified in § 34-37-10 , during which a retailer may sell fireworks. An application for the retailer sales license in any year shall be received by the department no later than fifteen days before the beginning of the sales period. Any application for a retailer sales license received after that date shall be denied by the department and returned to the applicant, together with any application fee submitted. The retailer sales license expires sixty days after the end of the sales period and is renewable annually until the application deadline for the corresponding sales period. The retailer licensee shall at all times display the retailer sales license at the retailer's place of business.

Any funds received by the department under this section shall be deposited in the state general fund.

Source: SL 1964, ch 31, §§ 3, 4; SL 1977, ch 190, § 101; SL 1982, ch 18, § 101; SL 1998, ch 213, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2013, ch 161, § 1; SL 2019, ch 154, § 2, eff. Mar. 20, 2019.
S.D. Codified Laws § 34A-3-4.1 — SD Code / Title 34A / Chapter 3 / Section 34A-3-4.1
Operator certification to comply with federal Safe Drinking Water Act
Status: in_force

All water treatment plants and water distribution systems required by section 1419 of the federal Safe Drinking Water Act, as amended to January 1, 2000, shall be under the supervision of an operator whose competency is certified by the secretary in a grade corresponding to the classification of the plant or system. Certificates of proper classification shall be issued without examination to the operators of plants and systems not requiring certified operators under § 34A-3-4 before July 1, 2000. The governing body or owner of the water system shall designate such persons in writing to the secretary by January 1, 2001. A certificate so issued is valid only for that operator and that plant or system. The certificate shall be marked, restricted. If the water treatment or distribution system is classified to a higher level, the operator shall meet the initial certification requirements for the system's new classification. An operator issued a restricted certificate pursuant to this section shall comply with all rules promulgated pursuant to § 34A-3-24 , for certificate renewal and training of certified operators. A restricted certificate may be revoked pursuant to §§ 34A-3-21 to 34A-3-23 , inclusive, as provided for in this chapter and the rules promulgated pursuant to § 34A-3-24 . The secretary may promulgate rules pursuant to chapter 1-26 to provide for the issuance and renewal of certificates and other requirements for certified operators under this section and as otherwise may be necessary to implement the requirements of the federal Safe Drinking Water Act, as amended to January 1, 2000, in a state drinking water program approved by the United States Environmental Protection Agency.

Source: SL 2000, ch 176, § 1.
S.D. Codified Laws § 34A-16-44 — SD Code / Title 34A / Chapter 16 / Section 34A-16-44
Notification of intent to own or operate facility
Status: in_force

Any person proposing to own or operate a processing facility using waste materials subject to a designation ordinance may notify the regional recycling and waste management district.

Source: SL 1993, ch 259, § 46.
S.D. Codified Laws § 34A-6-60 — SD Code / Title 34A / Chapter 6 / Section 34A-6-60
Legislative intent to reduce amount of solid waste disposed in landfills
Status: in_force

The Legislature intends by §§ 34A-6-59 to 34A-6-92 , inclusive, to establish programs and regulations that reduce the waste stream disposed of in landfills in this state and thus protect the public health, safety, and welfare of all South Dakotans, protect the environment, and return resources back to industry for reuse. The goal of the state is to reduce the amount of materials in the waste stream being landfilled. The amount of materials being landfilled shall be reduced using appropriate methods and technology through the practice of solid waste reduction, waste diversion, reuse, recycling, composting, and waste - to - energy. The goal of the state is to reduce the waste stream disposed in landfills by fifty percent by July 1, 2001. For the purposes of this section, the term, waste stream, means the disposal of solid waste as defined in § 34A-6-1.3 .

The base year for establishing the amount of materials in the waste stream is the calendar year 1990. Total tonnage of solid waste landfilled in the calendar year 1990 is the basis for all waste reduction calculations. In the absence of scale data and cubic yardage data of waste materials landfilled, the base tonnage is calculated as eight - tenths of a ton per year per person, in residence, serviced by the landfill. Tonnage may be estimated by equating one cubic yard of solid waste received at the landfill gate to seven hundred pounds of solid waste. In determining the reduction level of the waste stream, it is assumed that each person in 1990 generated eight - tenths of a ton per year of municipal solid waste.

Any landfill that conducted waste reduction or recycling programs before the 1990 base calendar year and increased its ability to reduce waste stream volume may receive credit for prior recycled tonnage in the solid waste source reduction and recycling plan required by § 34A-6-74 . Similarly, any landfill that has experienced or will experience a growth in its population served may submit justification for increased tonnage, even after waste reduction or recycling programs have been implemented.

Source: SL 1992, ch 254, § 22; SL 1998, ch 203, § 1.
S.D. Codified Laws § 34-31A-2 — SD Code / Title 34 / Chapter 31A / Section 34-31A-2
Electors' petition to establish district--County commissioners' resolution to initiate proceedings
Status: in_force

If an application for organization as provided in § 6-16-2 covering any rural territory is completed and requests to form, organize, establish, equip, and maintain a rural fire protection district, the application shall be filed with the county auditor of each county in which the territory is located. The board of county commissioners in each county where the rural fire protection district would be located may by resolution initiate the formation of the district.

Source: SL 1971, ch 208, § 1; SL 1973, ch 226, § 1; SL 1984, ch 241, § 1; SL 1998, ch 36, § 28.
S.D. Codified Laws § 34A-10-5 — SD Code / Title 34A / Chapter 10 / Section 34A-10-5
Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction
Status: in_force

If, in an action pursuant to § 34A-10-1 , administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings. The proceedings shall be conducted in accordance with and subject to the provisions of chapters 34A-1 and 34A-2 . In so remitting the court may grant temporary equitable relief if necessary for the protection of the air, water, and other natural resources or the public trust in such resources from pollution, impairment, or destruction. In so remitting the court shall retain jurisdiction of the action pending completion of the action for the purpose of determining whether adequate protection from pollution, impairment, or destruction has been afforded.

Source: SL 1973, ch 144, § 5 (2); SDCL Supp, § 21-10A-5; SL 1981 (2d SS), ch 1, § 24; SL 2011, ch 165, § 142.
S.D. Codified Laws § 34-12H-1 — SD Code / Title 34 / Chapter 12H / Section 34-12H-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Advance health care directive," a durable power of attorney executed under §§ 59-7-2.1 to 59-7-2.4 , inclusive, a living will executed under chapter 34-12D , or an EMS cardiopulmonary resuscitation directive executed pursuant to chapter 34-12F ;

(2) "Authorized representative," a person authorized to make health care decisions for a patient pursuant to chapters 29A-5 or 34-12C or §§ 59-7-2.1 to 59-7-2.4 , inclusive;

(3) "Decision-making capacity," a patient's ability to understand to a reasonable extent the nature of and the significant benefits, risks and alternatives to any proposed health care and to make and communicate, with reasonable accommodation when necessary, a decision regarding the health care;

(4) "Department," the Department of Health;

(5) "Health care provider," as defined in § 34-12D-1 ;

(6) "Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;

(7) "Life-sustaining treatment," as defined in subdivision 34-12D-1(4);

(8) "Medical provider," a physician, physician assistant or certified nurse practitioner designated by a patient or the patient's authorized representative, to have responsibility for the patient's health care;

(9) "Medical order for scope of treatment," or "MOST," a document, other than an advance health care directive, executed by a patient who has been diagnosed with a terminal condition, or the patient's authorized representative, and the patient's medical provider and entered in the patient's medical record that provides direction to health care providers about the patient's goals and preferences regarding the use of medical interventions, including cardiopulmonary resuscitation and other life-sustaining treatment;

(10) "Patient," a person who has been diagnosed with a terminal condition;

(11) "Secretary," the secretary of the Department of Health;

(12) "Terminal condition," as defined in § 34-12D-1 .

Source: SL 2019, ch 146, § 1.
S.D. Codified Laws § 34-20E-11 — SD Code / Title 34 / Chapter 20E / Section 34-20E-11
Immunity from civil liability
Status: in_force

Nothing in this chapter requires a prescriber or dispenser to obtain information about a patient from the central repository prior to prescribing or dispensing a controlled substance. A prescriber, dispenser, or other health care provider may not be held liable in damages to any person in any civil action on the basis that the prescriber, dispenser, or other health care provider did or did not seek to obtain information from the central repository. Unless there is shown a lack of good faith, the board, a prescriber, dispenser, or any other person in proper possession of information provided under this chapter is not subject to any civil liability by reason of:

(1) The furnishing of information under the conditions provided in this chapter;

(2) The receipt and use of, or reliance on, such information;

(3) The fact that any such information was not furnished; or

(4) The fact that such information was factually incorrect or was released by the board to the wrong person or entity.

Source: SL 2010, ch 175, § 11.
S.D. Codified Laws § 34-23A-52 — SD Code / Title 34 / Chapter 23A / Section 34-23A-52
Opportunity to view sonogram and hear child's heartbeat--Documentation of response to offer
Status: in_force

No physician may take a consent for an abortion from a pregnant mother without first offering the pregnant mother an opportunity to view a sonogram and hear the heartbeat of her unborn child. The physician shall offer to describe the images on the sonogram if the pregnant mother consents. The pregnant mother's response to the offer under this section shall be documented by the physician in the patient's medical records, including the date and time of the offer and the pregnant mother's signature to her response to the offer.

Source: SL 2008, ch 174, § 1; SL 2019, ch 152, § 1.
S.D. Codified Laws § 34-21-28 — SD Code / Title 34 / Chapter 21 / Section 34-21-28
Access of agency personnel to premises for inspection and investigations--Examination and maintenance of records
Status: in_force

The agency or its authorized representative may enter at reasonable times upon any private or public property for the purpose of inspecting, monitoring, and investigating conditions relative to the purposes of this chapter.

Any authorized representative of the agency may examine any records or memoranda pertaining to the operation of radiation machines, exposure to radioactive materials, and exposures to radiation related to uranium mining and milling. The agency shall require the maintenance of records relating to the operation of disposal systems which may include mining and milling wastes. Copies of those records must be submitted to the agency.

Source: SL 1957, ch 122, § 8; SDC Supp 1960, § 27.17A08; SL 1980, ch 242, § 11.
S.D. Codified Laws § 34A-12-7 — SD Code / Title 34A / Chapter 12 / Section 34A-12-7
Promulgation of rules--List of regulated substances
Status: in_force

The secretary shall promulgate rules pursuant to chapter 1-26 to provide for a list of regulated substances whose discharge harms, or threatens harm to, the public health, safety, welfare, or natural resources of the state.

Source: SL 1988, ch 291, § 8.
S.D. Codified Laws § 34A-2B-10 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-10
Lien on property--Notice--Priority of lien--Exceptions
Status: in_force

All corrective action costs expended pursuant to this section constitute a lien on the property where the discharge occurs when a notice of lien is filed with the register of deeds in the county in which the property is located. The notice of lien shall contain a description of the property of the responsible person upon which the lien is made, a description of the property from which the discharge requiring corrective action or emergency remedial efforts occurred, and a statement of the corrective action costs expended from the environmental livestock cleanup fund. Upon entry, the lien shall attach to all real property of the responsible person. The lien has priority over all other claims or liens on the property, except those which had been perfected before the department's filing of the notice of lien. No lien may be filed if a responsible person cannot be identified or if negligence was not a factor in the discharge.

Source: SL 1998, ch 216, § 13.
S.D. Codified Laws § 34-12H-6 — SD Code / Title 34 / Chapter 12H / Section 34-12H-6
Out-of-state documents valid in state
Status: in_force

A document executed in another state or jurisdiction that meets the requirements for a valid medical order for scope of treatment in that state or jurisdiction is valid in this state.

Source: SL 2019, ch 146, § 6.
S.D. Codified Laws § 34-42-2 — SD Code / Title 34 / Chapter 42 / Section 34-42-2
Approval required for sale--Use prohibited in certain structures
Status: in_force

Approved portable oil - fueled heaters may be offered for sale, sold, and used in structures in this state except in places of assembly, educational, health care, multi - family dwellings, or detention occupancies as defined by the National Fire Protection Association's 101 Life Safety Code as in effect January 1, 1983. Portable oil - fueled heaters which are not approved may not be offered for sale, sold, or used in this state.

Source: SL 1983, ch 257, § 2.
S.D. Codified Laws § 34-34A-1 — SD Code / Title 34 / Chapter 34A / Section 34-34A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Dealer," any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale;

(2) "Department," the Department of Public Safety;

(3) "Distributor," any person engaged in the sale and distribution of manufactured homes for resale;

(4) Deleted by SL 2004, ch 17, § 213;

(5) "Federal manufactured home construction and safety standard," any reasonable standard established by the federal government for the construction, design, and performance of a manufactured home that meets the needs of the public, including the needs for quality, durability and safety;

(6) "Manufactured home construction," all activities relating to the assembly and manufacture of a manufactured home, including those relating to durability, quality and safety;

(7) "Manufactured home safety," through the performance of a manufactured home, the protection of the public against any unreasonable risk of the occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;

(8) "Manufacturer," any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale;

(9) "Purchaser," the first person purchasing a manufactured home in good faith for purposes other than resale;

(10) "Secretary," the secretary of the Department of Public Safety;

(11) "State administrative agency," a state agency that has been approved or conditionally approved by the federal government to carry out the state plan for enforcement of the federal standards.

Source: SL 1973, ch 216, § 1; SL 1982, ch 267, § 1; SL 1985, ch 15, § 42; SL 1990, ch 278, § 1; SL 2003, ch 272, §§ 20, 121; SL 2004, ch 17, § 213.
S.D. Codified Laws § 34-23-15 — SD Code / Title 34 / Chapter 23 / Section 34-23-15
Treatment of minors--Definition of terms
Status: in_force

As used in §§ 34-23-16 to 34-23-18 , inclusive, "physician" or "licensed physician" shall mean physicians licensed under chapter 36-4 .

Source: SL 1971, ch 210, § 2.
S.D. Codified Laws § 34A-10-2.1 — SD Code / Title 34A / Chapter 10 / Section 34A-10-2.1
Activity which could result in pollution, contamination, or degradation--Financial assurance concerning corrective action--Form and amount
Status: in_force

Any person making application to the Water Management Board or the Board of Minerals and Environment for a permit, a license, or an extension, amendment, or renewal of an existing permit or license, which authorizes activity that could result in a significant risk of pollution, contamination, or degradation of the environment and that is not covered by a performance or damage bond or other financial assurance instrument, may be required, as a condition of the permit, to provide financial assurance guaranteeing the performance of corrective actions to contain, mitigate, and remediate all pollution, contamination, or degradation which may be caused by the activity. The financial assurance in a reasonable and proper amount shall be in a form and an amount approved by the board, and may include insurance, company net worth considerations, a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit.

Source: SL 1989, ch 306, § 68; SL 2011, ch 165, § 137.
S.D. Codified Laws § 34-8-2 — SD Code / Title 34 / Chapter 8 / Section 34-8-2
County bonds authorized for hospital purchase, construction or equipment--Maximum amount--Annual tax--Issuance--Sale
Status: in_force

The board of county commissioners in any county in this state may issue the bonds of the county for the purpose of purchasing an existing hospital and site, upon an appraisal by a board established by usual procedure with or without equipment and supplies, or other suitable buildings and site, or for the purpose of purchasing a site for a hospital and for the erection, equipment, and maintenance thereof, in either event, or for the construction and equipment of one or more additions and improvements to an existing hospital. No county may issue its bonds under the provisions of this section in excess of two percent of its assessed valuation of the taxable property therein for the year preceding that in which the indebtedness is incurred. A continuing annual tax shall be levied for the payment of the bonds and interest thereon in accordance with § 7-24-18 . All bonds shall be authorized, issued, and sold as provided in chapter 6-8B .

Source: RC 1919, § 7694 (1) as enacted by SL 1919, ch 282; SL 1929, ch 210, § 1; SDC 1939, § 27.1901; SL 1953, ch 125; SL 1955, ch 95, § 1; SL 1959, ch 133; SL 1982, ch 258, § 2; SL 1984, ch 43, § 110.
S.D. Codified Laws § 34A-6-89 — SD Code / Title 34A / Chapter 6 / Section 34A-6-89
Scale device required--Records--Report--Contents--Permit for longer capacity disposal
Status: in_force

Any solid waste facility permitted to dispose of solid waste in excess of one hundred thousand tons per year shall be equipped with a scale device, approved by the Department of Public Safety, and shall weigh and maintain records of the total amount of solid waste disposed of at the facility. On or before the fifteenth of each month, the facility shall submit to the department a report upon such forms as may be prescribed by the department in rules promulgated pursuant to chapter 1-26 . The report shall state the total amount of solid waste disposed of at the facility in the preceding month. The forms shall contain a sworn certification by the owner or operator that the information contained in the monthly report is true and correct based upon his own best information, knowledge, and belief. No facility may dispose of solid waste in excess of one hundred fifty thousand tons per year without a permit authorizing the capacity of the facility to dispose of solid waste in such quantities as provided in § 34A-6-1.16 .

Source: SL 1992, ch 254, § 50Q; SL 2004, ch 17, § 231.
S.D. Codified Laws § 34A-11-17 — SD Code / Title 34A / Chapter 11 / Section 34A-11-17
Notice and order for correction of violation
Status: in_force

If the secretary of agriculture and natural resources determines that a person is in violation of this chapter, or any rule promulgated pursuant to this chapter, the secretary may cause written notice and an order to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice and order shall state the statute or rule allegedly violated, the pertinent facts, the nature of any corrective action that may be required and the time within which the action is to be taken. A notice and order may include a suspension or revocation of a permit issued under this chapter. For purposes of this chapter, service by mail is considered complete on the date of mailing.

Source: SL 1983, ch 262, § 17; SL 2005, ch 10, § 30; SL 2011, ch 165, § 149; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-2-125.2 — SD Code / Title 34A / Chapter 2 / Section 34A-2-125.2
Permitted livestock auction or other operations--Annual fee--Billing, payment deadlines for fees
Status: in_force

The annual fee for a permitted livestock auction or an operation required to obtain a water pollution control permit by § 34A-2-36.3 without a nutrient management plan is one thousand dollars.

The annual fee for a permitted large concentrated animal feeding operation that is located in another state or in Indian country and that stockpiles or applies unmanipulated manure or process wastewater on land under the jurisdiction of this state, is two hundred fifty dollars.

An annual fee required by §§ 34A-2-125.1 and this section accrues on July first of each year. No later than August first of each year, the Department of Agriculture and Natural Resources shall submit a bill to each person obligated to pay the fee. The fee is due and payable no later than September thirtieth and must be remitted to the department.

Source: SL 2025, ch 145, § 2.
S.D. Codified Laws § 34-20E-19 — SD Code / Title 34 / Chapter 20E / Section 34-20E-19
Knowing disclosure of information in violation of chapter as felony
Status: in_force

Any person authorized to have prescription monitoring information pursuant to this chapter who knowingly discloses such information in violation of this chapter is subject to a Class 6 felony.

Source: SL 2010, ch 175, § 19.
S.D. Codified Laws § 34-20A-86 — SD Code / Title 34 / Chapter 20A / Section 34-20A-86
Right to examination by physician and counselor of choice--Employment by court when necessary
Status: in_force

The person whose commitment or recommitment is sought shall be informed of the person's right to be examined by a licensed physician and an addiction counselor of the person's choice. If the person is unable to obtain a licensed physician or an addiction counselor and requests examination by a physician or an addiction counselor, the court shall employ a licensed physician or an addiction counselor.

Source: SL 1974, ch 240, § 12 (j); SL 1985, ch 277, § 34; SL 2016, ch 15, § 22.
S.D. Codified Laws § 34-20B-45 — SD Code / Title 34 / Chapter 20B / Section 34-20B-45
Civil fine for violation by manufacturer or distributor--Knowing violation as felony
Status: in_force

Any person who violates any of §§ 34-20B-42 to 34-20B-44 , inclusive, is punishable by a civil fine of not more than ten thousand dollars. In addition, if the violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was committed knowingly such person is guilty of a Class 5 felony.

Source: SL 1970, ch 229, § 10 (d) (7); SDCL Supp, § 39-17-103; SL 1977, ch 189, § 119.
S.D. Codified Laws § 34-20H-2 — SD Code / Title 34 / Chapter 20H / Section 34-20H-2
Acceptance of donated drugs and supplies––Conditions--Prohibitions
Status: in_force

Except as otherwise provided in this section, a participating pharmacy may accept a donation of prescriptions drugs and medical supplies if:

(1) The drugs and medical supplies are in the original, sealed, and tamper-evident packaging, unless the drugs are in single-unit-dose packaging and the single-unit-dose packaging is unopened; and

(2) The expiration date is at least six months after the date of donation, unless the State Board of Pharmacy has determined that the drug or medical supply is in high demand and dispensable before the expiration date.

A participating pharmacy may not accept the donation of any controlled substance or any drug that has physical signs of tampering, misbranding, deterioration, compromised integrity, or adulteration.

A participating pharmacy may not accept the donation of or distribute any drug subject to the requirements of 21 U.S.C. 3 55-1 (f)(3), as of January 1, 2022.

Source: SL 2022, ch 137, § 2.
S.D. Codified Laws § 34-20C-1 — SD Code / Title 34 / Chapter 20C / Section 34-20C-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I to IV, inclusive;

(2) "Illegal drug," a controlled drug or substance or marijuana whose distribution is a violation of state law;

(3) "Illegal drug market," the support system of illegal drug related operations, from manufacture to retail sales, through which an illegal drug reaches the user;

(4) "Illegal drug market target community," the area described under § 34-20C-11 ;

(5) "Level 1 participation," possession of sixteen ounces or more or distribution of four ounces or more of a controlled drug or substance or possession of ten pounds or more or distribution of one pound or more of marijuana;

(6) "Level 2 participation," possession of eight ounces or more, but less than sixteen ounces, or distribution of two ounces or more, but less than four ounces, of a controlled drug or substance or possession of one to ten pounds, or distribution of one - half pound but less than one pound, of marijuana;

(7) "Level 3 participation," possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of a controlled drug or substance, or possession of one - half pound but less than one pound, or distribution of more than one ounce but less than one - half pound of marijuana;

(8) "Level 4 participation," possession of one - fourth ounce or more, but less than four ounces, or distribution of less than one ounce of a controlled drug or substance, or possession of less than one - half pound, or distribution of one ounce or less of marijuana;

(9) "Participate in the illegal drug market," to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug. The term does not include the purchase or receipt of an illegal drug for personal use only;

(10) "Period of illegal drug use," in relation to the individual drug user, the time of the user's first use of an illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence two years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence;

(11) "Place of illegal drug activity," in relation to the individual drug user, each county in which the user possesses or uses an illegal drug or in which the user resides, attends school, or is employed during the period of the user's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence;

(12) "Place of participation," in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market;

(13) "User," the person whose illegal drug use is the basis of an action brought under this chapter.

Source: SL 1997, ch 203, § 2.
S.D. Codified Laws § 34-45-5 — SD Code / Title 34 / Chapter 45 / Section 34-45-5
Billing and collection of surcharge
Status: in_force

Any service user in the state is liable for the applicable 911 emergency surcharge pursuant to § 34-45-4 . Any telecommunications service provider, wireless telecommunications service provider, or Interconnected Voice over Internet Protocol service provider shall collect and remit to the Department of Revenue the applicable 911 emergency surcharge which shall be stated separately in any billing statement, invoice, or receipt.

Source: SL 1989, ch 303, § 5; SL 2008, ch 176, § 5; SL 2012, ch 188, § 5.
S.D. Codified Laws § 34A-8-13 — SD Code / Title 34A / Chapter 8 / Section 34A-8-13
Legislative approval required for reintroduction of species
Status: in_force

No species that is currently extinct in this state and that has been placed on the threatened or endangered species list pursuant to the federal "Endangered Species Act of 1973," as amended to January 1, 1995, may be reintroduced into this state through action by any federal, state, or local governmental entity, unless the Legislature has specifically enacted legislation naming the species and specifying the manner of reintroduction.

Source: SL 1995, ch 206.
S.D. Codified Laws § 34-12G-8 — SD Code / Title 34 / Chapter 12G / Section 34-12G-8
Restrictions on participation
Status: in_force

No person may participate in the program established pursuant to the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obligates the person to provide medical services within an underserved area.

Source: SL 2012, ch 179, § 8.
S.D. Codified Laws § 34A-6-40 — SD Code / Title 34A / Chapter 6 / Section 34A-6-40
Policies and requirements for operation of system
Status: in_force

The governing body of any county, municipality, or other political subdivision of the state may, by ordinance or resolution, establish policies and requirements governing the operation of any solid waste management facility or system or any recycling facility owned or operated by the county, municipality, or political subdivision. The policies and requirements may include operating procedures, procedures to protect the safety of operating personnel, hours of operation, and character and kind of wastes accepted by such facilities. Policies and requirements established pursuant to this section shall conform to state statutes and rules related to solid waste and recycling.

Source: SL 1972, ch 198, § 11; SDCL § 34-16B-26; SL 1993, ch 256, § 30; SL 2007, ch 204, § 4.
S.D. Codified Laws § 34-23A-68 — SD Code / Title 34 / Chapter 23A / Section 34-23A-68
Definitions regarding unborn child capable of experiencing pain
Status: in_force

Terms used in §§ 34-23A-34 and 34-23A-67 to 34-23A-72 , inclusive mean:

(1) "Post-fertilization age," the age of an unborn child as calculated from fertilization;

(2) "Probable post-fertilization age of the unborn child," what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced;

(3) "Reasonable medical judgment," a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;

(4) "Woman," a female human being whether or not she has reached the age of majority.

Source: SL 2016, ch 180, § 2.
S.D. Codified Laws § 34A-9-1 — SD Code / Title 34A / Chapter 9 / Section 34A-9-1
Definition of terms
Status: in_force

Terms as used in this chapter, unless the context otherwise requires, mean:

(1) "Agency," the executive and administrative departments, offices, boards, commissions, and other units of the state government;

(2) "Board," the Board of Minerals and Environment;

(3) "Draft environmental impact statement," a preliminary statement prepared pursuant to § 34A-9-5 ;

(4) "Environment," the physical conditions that will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character;

(5) "Environmental impact statement," a detailed statement setting forth the matters specified in § 34A-9-7 . It includes any comments on a draft environmental statement which are received pursuant to § 34A-9-8 , and the agency's response to such comments, to the extent that they raise issues not adequately resolved in the draft environmental statement;

(6) "Secretary," the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1974, ch 245, § 1; SDCL Supp, § 11-1A-1; SL 1986, ch 295, § 30; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-11-22 — SD Code / Title 34A / Chapter 11 / Section 34A-11-22
Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor
Status: in_force

Any records, reports, or information obtained from any person under this chapter shall be available to the public. If the secretary of agriculture and natural resources determines that a record, report, or information reveals methods or processes entitled to protection as trade secrets, the secretary may consider such record, report, or information confidential. However, the record, report, or information may be disclosed to other officers, employees, or authorized representatives of the state or federal government concerned with executing the provisions of this chapter, or if relevant, in any proceeding under this chapter. Any person who knowingly and willfully divulges or discloses any information entitled to protection under this section is guilty of a Class 1 misdemeanor.

Source: SL 1983, ch 262, § 22; SL 2005, ch 10, § 32; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-26A-23.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-23.1
Release of cremated remains--Receipt
Status: in_force

Whenever a crematory releases cremated remains, crematory personnel shall complete a receipt that includes:

(1) The name of the decedent;

(2) The name of the person to whom the cremated remains were released;

(3) The date and time of the release;

(4) The name of the crematory employee who released the cremated remains;

(5) Any funeral home or other entity involved in the disposition of the cremated remains.

The receipt must be signed by the person who released the cremated remains and the person who received the cremated remains.

If the cremated remains are to be shipped, the receipt must be signed by the person who released the cremated remains for shipping and a copy of the receipt must accompany the remains.

The crematory shall retain a receipt required by this section in accordance with the record retention provisions set forth in § 34-26A-25.1 .

Source: SL 2023, ch 129, § 21.
S.D. Codified Laws § 34-20G-58 — SD Code / Title 34 / Chapter 20G / Section 34-20G-58
Local ordinances on medical cannabis establishments--Jurisdiction--Civil penalty
Status: in_force

The governing body of a municipality may enact an ordinance not in conflict with this chapter, regardless of whether it has enacted a zoning ordinance pursuant to title 11, imposing:

(1) Restrictions on a medical cannabis establishment to govern the time, place, and manner of operation;

(2) A limit on the number of medical cannabis establishments in the municipality;

(3) Reasonable setback requirements;

(4) Limitations on the proximity of a medical cannabis establishment to:

(a) Any sensitive land-use area, including a childcare facility, park, public service facility, recreational facility, religious facility, school, and any location frequented by individuals under the age of twenty-one; or

(b) Any other medical cannabis establishment;

(5) Requirements for a medical cannabis establishment to obtain a local license, permit, or registration to operate; or

(6) Reasonable fees for any local license, permit, or registration.

The governing body of a county may enact an ordinance governing all matters set forth in this section. The county ordinance applies throughout its jurisdiction, except within the boundaries of a municipality that has enacted an ordinance in accordance with this section.

A county or municipality may impose a civil penalty for the violation of an ordinance enacted in accordance with this section.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 137, § 2.
S.D. Codified Laws § 34-8-18 — SD Code / Title 34 / Chapter 8 / Section 34-8-18
Foreclosure of lien for hospital charges
Status: in_force

The lien provided by § 34-8-15 shall be foreclosed as provided by chapter 28-14 , and all property acquired by the county upon any such foreclosure shall be disposed of as provided by said chapter.

Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120.
S.D. Codified Laws § 34-25-13.2 — SD Code / Title 34 / Chapter 25 / Section 34-25-13.2
Parents' consent or judicial determination required to name father in birth certificate when mother unmarried
Status: in_force

If the mother was not married at the time of conception or birth, or at any time between conception and birth, the name of the father may not be entered on the certificate of birth without the written consent of the mother and the person to be named as the father unless a judicial determination has been made, in which case the name of the father as determined by the court shall be entered.

Source: SL 1972, ch 194, § 12; SL 1993, ch 253, § 3.
S.D. Codified Laws § 34-49-2 — SD Code / Title 34 / Chapter 49 / Section 34-49-2
Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking
Status: in_force

Except as provided in § 34-49-7 , no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with § 34-49-8 , and the cigarettes have been marked in accordance with § 34-49-9 .

Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes as of January 1, 2009, and shall be conducted on ten layers of filter paper.

No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. The performance standard required by this section only applies to a complete test trial. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the state fire marshal.

Any laboratory conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. No repeatability value may be greater than nineteen hundredths.

This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. Any testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this section.

Source: SL 2009, ch 172, § 2, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-37-5 — SD Code / Title 34 / Chapter 37 / Section 34-37-5
Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor
Status: in_force

Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. 1507 as in effect on January 1, 2019. The use of fireworks that are not permissible, unless authorized in this chapter, is a Class 1 misdemeanor.

Source: SL 1949, ch 41, § 1; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 1 (4); SL 1983, ch 259, § 4; SL 1998, ch 213, § 5; SL 2019, ch 154, § 27, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-23A-47 — SD Code / Title 34 / Chapter 23A / Section 34-23A-47
Exceptions to abortion facility license requirement
Status: in_force

The following facilities need not be licensed under §§ 34-23A-46 to 34-23A-51 , inclusive:

(1) A health care facility licensed pursuant to chapter 34-12 ; or

(2) The office of a physician licensed pursuant to chapter 36-4 unless the office is used for performing abortions.

Source: SL 2006, ch 182, § 3.
S.D. Codified Laws § 34-18-37 — SD Code / Title 34 / Chapter 18 / Section 34-18-37
Label requirements
Status: in_force

Food prepared at a residence may not be sold unless it has a label that includes the following information:

(1) Name of the product;

(2) Name of the producer;

(3) Physical address of production;

(4) Mailing address of the producer;

(5) Telephone number of the producer;

(6) Date the product was made or processed;

(7) Ingredients;

(8) In the case of food sold in accordance with § 34-18-36.1 , a directive to keep refrigerated or frozen; and

(9) A disclaimer that states: "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish."

Source: SL 2010, ch 172, § 4; SL 2020, ch 143, § 1; SL 2022, ch 106, § 4.
S.D. Codified Laws § 34-25-54 — SD Code / Title 34 / Chapter 25 / Section 34-25-54
Certified copies supplied free for military or veterans' claims--Minors participating in sports programs
Status: in_force

No charge may be made for certified copies of birth, death, marriage, adoption, divorce, or guardianship or conservatorship papers, to a serviceman in or a veteran of any war or conflict in which the United States has been or hereafter will be engaged, or veteran as defined by § 33A-2-1 ; to the spouse, widow, widower, children, or other dependents of such serviceman or veteran; to the South Dakota Department of the Military or Department of Veterans Affairs or a similar agency in any other state; to county veterans' service officers; to the representatives of the American Red Cross or of nationally chartered veterans' organizations holding power of attorney for the applicant, when such record or records are required in support of any claim against any agency of the United States, or any agency or department of state government, and no charge may be made for the issuance of a certified copy of a birth record, limited to one, to a person under eighteen years of age who needs such certificate to participate in an organized sports program sponsored by a patriotic organization.

Source: SL 1931, ch 267, § 20; SL 1937, ch 261; SDC 1939, § 27.0220; SL 1943, ch 101; SL 1945, ch 103, § 4; SL 1953, ch 124, § 2; SL 1959, ch 29, § 2; SL 1968, ch 115; SL 1986, ch 27, § 35; SL 1993, ch 213, § 229; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 18 to 21, eff. Apr. 12, 2011.
S.D. Codified Laws § 34-20G-70 — SD Code / Title 34 / Chapter 20G / Section 34-20G-70
Cannabis dispensed--Conditions
Status: in_force

A dispensary may not dispense more than three ounces of cannabis or a cannabis product to a registered qualifying patient or a nonresident cardholder, directly or via a designated caregiver, in any fourteen-day period.

Before cannabis or a cannabis product may be dispensed to a cardholder or nonresident cardholder, a dispensary agent must verify:

(1) That the registry identification card or registration presented to the dispensary is valid;

(2) The identity of the person by requiring the person to present a valid photographic identification document issued by this state, another state, tribe, or the federal government; and

(3) Through the department's inventory tracking system, that the registered qualifying patient or nonresident cardholder has not exceeded the allowable limit of cannabis or cannabis product in the applicable fourteen-day period.

A dispensary agent may not dispense an amount of cannabis or cannabis product to a person that would cause the person to possess more than the allowable amount of cannabis.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 132, § 1; SL 2024, ch 132, § 5.
S.D. Codified Laws § 34A-16-22 — SD Code / Title 34A / Chapter 16 / Section 34A-16-22
Incentives to reduce waste and separate recyclable materials
Status: in_force

A regional recycling and waste management district may:

(1) Charge or require any person who collects solid waste in the district to charge solid waste generators rates for collection or disposal that vary depending on the volume or nature of waste generated and the potential for encouraging recycling or waste volume reduction;

(2) Require collectors to provide financial incentives to solid waste generators who separate recyclable materials from their waste; or

(3) Require use of any other mechanism to provide encouragement or rewards to solid waste generators who reduce their waste generation or who separate recyclable materials from their waste.

Source: SL 1993, ch 259, § 24.
S.D. Codified Laws § 34-12-12 — SD Code / Title 34 / Chapter 12 / Section 34-12-12
Lodging and food service laws not applicable to licensees
Status: in_force

No licensee under the provisions of this chapter shall be required to be licensed or inspected under the laws of this state relative to lodging or food service establishments.

Source: SL 1945, ch 108, § 5; SL 1953, ch 123, § 5; SDC Supp 1960, § 27.1205.
S.D. Codified Laws § 34A-3A-4 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-4
Enforcement powers of secretary
Status: in_force

The secretary may:

(1) Review and approve the location, design, plans, and specifications for the construction or modification of public water systems;

(2) Conduct compliance investigations, including but not limited to, entering and inspecting systems and records of any supplier of water, to take samples and to take or to require the supplier to take all other reasonable steps necessary to ensure compliance with this chapter and rules adopted pursuant thereto;

(3) Require plans to provide safe drinking water under emergency circumstances and issue emergency orders requiring a supplier to take immediate action to prevent or eliminate an immediate hazard to public health or safety; and

(4) Receive financial and technical assistance from the federal government and other public or private agencies.

Source: SL 1983, ch 260, § 4.
S.D. Codified Laws § 34-37-10.1 — SD Code / Title 34 / Chapter 37 / Section 34-37-10.1
Sale from motor vehicle--Misdemeanor
Status: in_force

A person is guilty of a Class 1 misdemeanor if the person sells any fireworks from a motor vehicle.

Source: SL 1971, ch 207, § 2; SL 2019, ch 154, § 9, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-27-19 — SD Code / Title 34 / Chapter 27 / Section 34-27-19
Removing dead body maliciously or with intent to sell or dissect as misdemeanor
Status: in_force

Every person who removes all or any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same or to dissect it without authority of law, or from malice or wantonness, is guilty of a Class 1 misdemeanor.

Source: PenC 1877, § 358; CL 1887, § 6559; RPenC 1903, § 363; RC 1919, § 3877; SDC 1939, § 13.1418; SL 1977, ch 190, § 74.
S.D. Codified Laws § 34-18-9.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-9.1
Definition of terms related to bed and breakfast establishments
Status: in_force

Terms as used in §§ 34-18-9.1 to 34-18-9.4 , inclusive, mean:

(1) "Bed and breakfast establishment," any building or buildings run by an operator which is used to provide accommodations for a charge to the public, with at most five rental units for up to an average of ten guests per night and in which family style meals are provided;

(2) "Family style meal," any meal ordered by persons staying at a bed and breakfast establishment which is served from common food service containers, as long as any food not consumed by those persons is not reused;

(3) "Operator," the owner or the owner's agent, who is required to reside in the bed and breakfast establishment or on contiguous property.

Source: SL 1986, ch 280, § 3; SL 1996, ch 213, § 1.
S.D. Codified Laws § 34-20G-49 — SD Code / Title 34 / Chapter 20G / Section 34-20G-49
End of debilitating condition--Registry card voided--Disposal of cannabis
Status: in_force

A registry identification card is void if the certifying practitioner notifies the department in writing that:

(1) The registered qualifying patient has ceased to suffer from a debilitating medical condition; or

(2) The practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of cannabis.

The registered qualifying patient has fifteen days to dispose of any cannabis in the registered qualifying patient's possession.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 2.
S.D. Codified Laws § 34-3A-4 — SD Code / Title 34 / Chapter 3A / Section 34-3A-4
Expenditures from special revenue fund
Status: in_force

Expenditures from such fund shall be used to assist in paying the salaries and expenses of such employees and all other reimbursable expenditures may be made without any additional appropriation authorization by the governing body.

Source: SL 1968, ch 26.
S.D. Codified Laws § 34A-13-23 — SD Code / Title 34A / Chapter 13 / Section 34A-13-23
Audits of persons subject to fee
Status: in_force

The department may conduct audits upon persons subject to the fee.

Source: SL 1988, ch 290, § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 44, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2024, ch 146, § 12.
S.D. Codified Laws § 34-39-5 — SD Code / Title 34 / Chapter 39 / Section 34-39-5
Use of condemned weighing or measuring device as misdemeanor
Status: in_force

It is a Class 1 misdemeanor to use a weighing or measuring device for determining quantities of liquefied petroleum gas, either in liquid or vapor form, which has been condemned by the department.

Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1977, ch 190, § 115; SL 2004, ch 17, § 229; SL 2016, ch 183, § 6.
S.D. Codified Laws § 34A-15-6 — SD Code / Title 34A / Chapter 15 / Section 34A-15-6
Exclusion for liability expressly created under federal or state laws
Status: in_force

Sections 34A-15-3 to 34A-15-5 , inclusive, do not affect any liability expressly created under federal or state health or environmental statutes, regulations, rules, permits, or orders.

Source: SL 1992, ch 261, § 6.
S.D. Codified Laws § 34-12D-20 — SD Code / Title 34 / Chapter 12D / Section 34-12D-20
Mercy-killing, euthanasia, suicide, and assisted suicide not condoned
Status: in_force

This chapter does not condone, authorize, or approve mercy - killing or euthanasia, suicide or assisted suicide.

Source: SL 1991, ch 273, § 19.
S.D. Codified Laws § 34-20B-90 — SD Code / Title 34 / Chapter 20B / Section 34-20B-90
Burden of proof as to registration or order form
Status: in_force

In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption.

Source: SL 1970, ch 229, § 11 (f) (2); SDCL Supp, § 39-17-141.
S.D. Codified Laws § 34-9-10 — SD Code / Title 34 / Chapter 9 / Section 34-9-10
Conditions for transfer of municipal funds to private hospital--Transfer of tax funds prohibited
Status: in_force

A municipality may not transfer surplus funds under § 34-9-9 unless:

(1) No other hospital operates within the municipality and the Department of Health has issued no license for the operation of a hospital within the municipality;

(2) At least fifty percent of the total cost of the construction project has been raised from sources other than those to be derived through the transfer of the surplus funds, based upon estimates of any architect or firm of architects registered by the Board of Technical Professions; and

(3) The articles of incorporation of the hospital corporation provide that no part of the hospital corporation's earnings shall inure, or may lawfully inure, to the benefit of any member or private shareholder.

Funds acquired through legal tax levy in the municipality may not be transferred.

Source: SL 1949, ch 200, §§ 1, 2; SL 1953, ch 259; SDC Supp 1960, § 45.1437; SL 1990, ch 309, § 4; SL 2019, ch 176, § 1.
S.D. Codified Laws § 34A-6-113 — SD Code / Title 34A / Chapter 6 / Section 34A-6-113
Disposal of certain oil and gas field liquid wastes prohibited
Status: in_force

No saltwater, crude oil, waste oil, or other oil or gas field liquid wastes may be stored in an earthen pit or open receptacle unless the facility is directly associated with the development of a specific well or producing property and receives liquid wastes only from that specific well or producing property.

Source: SL 2013, ch 168, § 1.
S.D. Codified Laws § 34-48A-37 — SD Code / Title 34 / Chapter 48A / Section 34-48A-37
Cooperation in implementation of federal Disaster Relief Act
Status: in_force

The Governor may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and to provide, under rules promulgated pursuant to chapter 1-26 by the Department of Public Safety, such benefits to the residents of the state as may be available to them under that act.

Source: SL 1977, ch 271, § 7; SL 1986, ch 272, § 19; SL 1992, ch 236, § 13; SL 2003, ch 272 (Ex. Ord. 03-1), § 114; SDCL § 33-15-25.1 .
S.D. Codified Laws § 34-31A-5 — SD Code / Title 34 / Chapter 31A / Section 34-31A-5
Examination of petition by auditor--Time and place of hearing
Status: in_force

Upon the filing of the petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by the number of voters as specified in § 6-16-2 . If the petition contains sufficient names, the county auditor shall designate a time and place for the petition or resolution of the county commissioners to be heard by the board of county commissioners.

Source: SL 1971, ch 208, § 2; SL 1973, ch 226, § 4; SL 1998, ch 36, § 31.
S.D. Codified Laws § 34-38-2.1 — SD Code / Title 34 / Chapter 38 / Section 34-38-2.1
Self-service pumps--Latch-open device permitted
Status: in_force

Notwithstanding any other provisions of this chapter or rules promulgated thereunder, a latch - open device may be used on the hose nozzle valve of a self - service fuel dispensing pump if the valve conforms to applicable requirements of section 19 of Underwriters Laboratories Incorporated pamphlet number 842 entitled "Standards for Valves for Flammable Fluids" published in 1974.

Source: SL 1982, ch 268.
S.D. Codified Laws § 34-12E-11 — SD Code / Title 34 / Chapter 12E / Section 34-12E-11
Annual hospital report on charge information--Promulgation of rules
Status: in_force

Any hospital licensed pursuant to chapter 34-12 shall annually report charge information to the South Dakota Association of Healthcare Organizations for which that hospital had at least ten cases during the twelve months preceding the report, using the hospital's All Patient Refined Diagnosis-Related Groups or the Medicare Severity Diagnosis Related Groups.

The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the reporting of charge information by hospitals. The rules must include the method for hospitals to report charges, and standards for the validity and comparability of reported charges.

For the purposes of this section, "charge information" means:

(1) The number of discharges;

(2) The average length of stay;

(3) The average charge;

(4) The median charge;

(5) Demographic information;

(6) Payer mix;

(7) Charges not paid;

(8) Charges paid by medicare, medicaid, other governmental programs, and private insurance; and

(9) Uncompensated care.

Source: SL 2005, ch 182, § 1; SL 2008, ch 169, § 1; SL 2025, ch 135, § 1.
S.D. Codified Laws § 34-23A-33 — SD Code / Title 34 / Chapter 23A / Section 34-23A-33
Fetus and infant defined
Status: in_force

For the purposes of §§ 34-23A-27 to 34-23A-33 , inclusive, the term, fetus, and the term, infant, are used interchangeably to refer to the biological offspring of human parents.

Source: SL 1997, ch 129, § 7.
S.D. Codified Laws § 34A-6-108 — SD Code / Title 34A / Chapter 6 / Section 34A-6-108
Definition of terms
Status: in_force

Terms used in this section and §§ 34A-6-109 to 34A-6-112 , inclusive, mean:

(1) "Industrial or commercial account," any person or business, including a scrap metal business, operating from a fixed location, that sells nonferrous metal to a scrap metal recycler pursuant to a contractual arrangement or agreement;

(2) "Law enforcement officer," any law enforcement officer as defined in § 23-3-7 ;

(3) "Nonferrous metal property," any metal property for which the value of the metal property is derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, platinum, rhodium, palladium, or nickel, or any of their alloys, including detached catalytic converters. Aluminum does not include any food or beverage containers, except for a beer keg;

(4) "Record," a paper, electronic, or other method of storing information;

(5) "Scrap metal business," any scrap metal supplier, scrap metal recycling center, or scrap metal processor;

(6) "Transaction," a pledge to buy, the purchase of, or the trade for any nonferrous metal property by a scrap metal business from any person. A transaction does not include a sale or trade involving any industrial or commercial account.

Source: SL 2008, ch 179, § 1; SL 2022, ch 139, § 1.
S.D. Codified Laws § 34A-2-27 — SD Code / Title 34A / Chapter 2 / Section 34A-2-27
Construction permits required for activities discharging wastes into water--Violation
Status: in_force

No person may carry on any of the following activities without a valid construction permit from the water management board for the disposal of all wastes which are, or may be, discharged thereby into the groundwaters of the state, nor may any person carry on any of the following activities without approval of plans and specifications from the secretary of the department pursuant to § 34A-2-29 for the disposal of all wastes which are, or may be, discharged thereby into surface waters of the state:

(1) The construction, installation, modification, or operation of any disposal system or part thereof, or any extension or addition thereto;

(2) The increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit;

(3) The construction, installation, or operation of any industrial, commercial, or other establishment, or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of wastes into the groundwaters of the state or would otherwise alter the physical, chemical, or biological properties of any groundwaters of the state in any manner not already lawfully authorized; or

(4) The construction or use of any new outlet for the discharge of any waters into the waters of the state.

A violation of this section is subject to § 34A-2-75 .

Source: SDC 1939, § 61.0109 as added by SL 1947, ch 416; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0145; repealed by omission from SL 1966, ch 260, § 1; re - enacted by SL 1967, ch 340; SDCL, § 46-25-6; SL 1973, ch 280, § 8 (4); SDCL Supp, § 46-25-45; SL 1977, ch 190, § 637; SL 1984, ch 243, § 5; SL 1991, ch 288, § 15; SL 1992, ch 158, § 23.
S.D. Codified Laws § 34-16-15 — SD Code / Title 34 / Chapter 16 / Section 34-16-15
County disposal of dead animal on failure of township to act--Liability for expense
Status: in_force

If the owner of a dead animal or the township supervisor fails to act as provided in § 34-16-17 within two days after the knowledge of the fact that the dead animal exists, the superintendent of the county board of health shall forthwith cause the body of the dead animal to be burned or buried, and the expense of the same shall be paid by the county. The amount of the expenses paid by the county constitutes a lien against the township in which the animal was found. The township shall pay the expenses and the township shall in turn recover the expenses from the owner or person in charge of the dead animal.

Source: SL 1903, ch 11, § 6; RC 1919, § 7689; SL 1925, ch 121, § 6; SDC 1939, § 27.2505; SL 2021, ch 175, § 3.
S.D. Codified Laws § 34-10-2 — SD Code / Title 34 / Chapter 10 / Section 34-10-2
Electors' petition for establishment of district--Number of signers required--Filing--Petition for hospital bond election
Status: in_force

Whenever a petition praying that a public hospital district be established signed by not less than ten percent of the resident electors residing within the boundaries of the proposed public hospital district, which petition shall definitely describe the boundaries of the proposed district and request that the territory within said boundaries be organized into a public hospital district, shall be filed with the county auditor of the county within which said district is situated, and a duplicate thereof with the county auditor of each county where the district extends in more than one county; the same shall be presented by said county auditor or auditors to the board or boards of county commissioners at the first ensuing regular, adjourned, or special meeting of said board or boards. A petition for a popular vote on the question of issuing hospital bonds may be submitted at the same time or at a separate election after formation of the district. The petition for a bond issue election shall be subject to the same requirements as a petition for the creation of a hospital district.

Source: SL 1959, ch 135, § 2; SDC Supp 1960, § 27.19B02; SL 1972, ch 15, § 3.
S.D. Codified Laws § 34-45-4 — SD Code / Title 34 / Chapter 45 / Section 34-45-4
Monthly uniform 911 emergency surcharge
Status: in_force

A monthly uniform 911 emergency surcharge of two dollars must be assessed per service user line. The proceeds of the 911 emergency surcharge must be used to pay for allowable nonrecurring and recurring costs of the 911 system. No 911 emergency surcharge may be imposed upon more than one hundred service user lines or equivalent service, per customer account billed, per month. In the case of multi-station network systems, the service user lines are equal to the number of calls that can simultaneously be made from the system to the public switched telephone network. No prepaid wireless telecommunications service is subject to the 911 emergency surcharge imposed under this section.

Source: SL 1989, ch 303, § 4; SL 1990, ch 281; SL 1991, ch 287; SL 1993, ch 255, § 2; SL 2008, ch 176, § 4; SL 2011, ch 163, § 1; SL 2012, ch 188, § 2; SL 2018, ch 208, § 1; SL 2024, ch 144, § 1; SL 2025, ch 143, § 2.
S.D. Codified Laws § 34A-6-80 — SD Code / Title 34A / Chapter 6 / Section 34A-6-80
Educational and training programs on solid waste management--Training program audiences
Status: in_force

The department shall collect, prepare, and disseminate information and conduct educational and training programs that assist in the implementation of §§ 34A-6-59 to 34A-6-92 , inclusive, and other related solid waste management programs. The information and programs shall be designed to enhance municipal and county solid waste management programs and to inform the public of the relationship between an individual's consumption of goods and services, the generation of different types and quantities of solid waste and the implementation of the solid waste management priorities in this chapter and chapter 34A-6 . The information and programs shall be prepared on a statewide basis for the following audiences:

(1) Municipal, county, and state officials and employees;

(2) Students and teachers;

(3) Private solid waste scrap brokers, dealers, and processors;

(4) Businesses that use or could use recycled materials or which produce or could produce products from recycled materials, and persons who support or serve these businesses; and

(5) The general public.

Source: SL 1992, ch 254, § 50F.
S.D. Codified Laws § 34-20A-85 — SD Code / Title 34 / Chapter 20A / Section 34-20A-85
Rights to contest proceedings and to assistance of counsel--Court to require counsel if necessary
Status: in_force

The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court, if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him regardless of his wishes.

Source: SL 1974, ch 240, § 12 (j).
S.D. Codified Laws § 34-25-36 — SD Code / Title 34 / Chapter 25 / Section 34-25-36
Records and monthly report of funeral director
Status: in_force

A funeral director, embalmer, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and shall on or before the fifth day of each month report to the department all human bodies handled during the preceding month on a form provided for that purpose. If no death occurs in any given month which requires a funeral director to keep a record pursuant to this section, the funeral director shall report that fact on a form provided for that purpose.

Source: SDC 1939, § 27.0213; SL 1972, ch 194, § 31; SL 1999, ch 175, § 2.
S.D. Codified Laws § 34-31A-36 — SD Code / Title 34 / Chapter 31A / Section 34-31A-36
Procedure for annexation of territory
Status: in_force

Any territory which is adjacent to the boundary of an existing rural fire protection district may be annexed to such district in the manner provided in §§ 34-31A-37 to 34-31A-42 , inclusive.

Source: SL 1971, ch 208, § 11.
S.D. Codified Laws § 34A-16-46 — SD Code / Title 34A / Chapter 16 / Section 34A-16-46
Processing and disposal of waste generated outside of district prohibited
Status: in_force

No solid waste disposal facility owned or operated by any municipality, county, or regional recycling and solid waste management district located within a regional recycling and waste management district may accept for processing or disposal any solid waste generated outside the boundaries of the district. However, such a municipality, county, or regional recycling and waste management district may, by contract with another municipality, county, or regional recycling and waste management district for a period not exceeding one year, accept for processing or disposal solid waste generated within such municipality, county, or regional recycling and waste management district.

Source: SL 1993, ch 259, § 48A.
S.D. Codified Laws § 34-25-16.5 — SD Code / Title 34 / Chapter 25 / Section 34-25-16.5
Original birth certificate sealed or forwarded to department after new certificate issued
Status: in_force

When a new certificate of birth is established by the State Department of Health, all copies of the original certificate of birth in the custody of any local registrar in this state shall be sealed from inspection or forwarded to the State Department of Health, as directed.

Source: SL 1972, ch 194, § 22.
S.D. Codified Laws § 34-20B-115.1 — SD Code / Title 34 / Chapter 20B / Section 34-20B-115.1
Kratom--Prohibited products--Labeling required--Penalty
Status: in_force

No person may prepare, sell, or distribute a kratom product that:

(1) Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product;

(2) Contains synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetic alkaloid or synthetically derived compound from the Mitragyna speciosa plant;

(3) Contains a poisonous or otherwise deleterious non-kratom substance, including any substance designated as a controlled substance by this chapter;

(4) Is mixed or packed with a non-kratom substance that affects the quality or strength of the kratom product, rendering the product injurious to a customer;

(5) Does not include on its package or label the recommended serving size of the kratom product, a recommended number of servings that can be safely consumed in a twenty-four-hour period, and a list of servings per container;

(6) Does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the kratom product; or

(7) Does not include on its package or label the following warning statement: "Consult a licensed, qualified healthcare professional before consuming this product. Not for use by women who are pregnant, nursing, or trying to become pregnant."

A violation of this section is a Class 2 misdemeanor.

Source: SL 2025, ch 138, § 3.
S.D. Codified Laws § 34A-6-106 — SD Code / Title 34A / Chapter 6 / Section 34A-6-106
Sioux Falls/Regional Sanitary Landfill approved
Status: in_force

Pursuant to the provisions of § 34A-6-53 , the Legislature hereby approves the operation of the Sioux Falls/Regional Sanitary Landfill located near Sioux Falls, South Dakota, with respect to the disposal of solid waste and finds that the facility is environmentally safe and in the public interest. The operation shall be in accordance with the terms of a solid waste permit or permit renewal issued by the Board of Minerals and Environment.

Source: SL 1997, ch 211, § 1.
S.D. Codified Laws § 34-20G-92.1 — SD Code / Title 34 / Chapter 20G / Section 34-20G-92.1
Oversight committee--Leadership
Status: in_force

Beginning in 2023, and every two years thereafter, the oversight committee shall select from among itself one legislator to serve as the chair and one legislator, from the opposite chamber, to serve as the vice chair.

Beginning in 2025, the legislators selected to serve as the chair and vice chair may not be from the same chamber as their immediate predecessors.

Source: SL 2023, ch 125, § 2.
S.D. Codified Laws § 34-23A-48 — SD Code / Title 34 / Chapter 23A / Section 34-23A-48
Application for abortion facility license--Contents--Fee--Inspection and investigation--Renewal
Status: in_force

An applicant for an abortion facility license shall submit an application to the department on a form prescribed by the department. The application shall be accompanied by a nonrefundable license fee in an amount set by the department by rules promulgated pursuant to chapter 1-26 . The license fee may not exceed two thousand dollars. The application shall contain evidence that there are one or more physicians on the staff of the facility who are licensed by the State Board of Medical and Osteopathic Examiners. The department shall issue a license if, after inspection and investigation, it finds that the applicant and the abortion facility meet the requirements of §§ 34-23A-46 to 34-23A-51 , inclusive, and the standards promulgated in rules adopted pursuant to §§ 34-23A-46 to 34-23A-51 , inclusive. As a condition for renewal of a license, the licensee shall submit to the department the annual license renewal fee set by rules promulgated pursuant to chapter 1-26 .

Source: SL 2006, ch 182, § 4.
S.D. Codified Laws § 34-31A-9 — SD Code / Title 34 / Chapter 31A / Section 34-31A-9
Time and place of meeting of resident property owners of district
Status: in_force

Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in §§ 6-16-4 to 6-16-6 , inclusive.

Source: SL 1971, ch 208, § 3; SL 1992, ch 80, § 212; SL 1998, ch 36, § 33.
S.D. Codified Laws § 34A-16-43 — SD Code / Title 34A / Chapter 16 / Section 34A-16-43
Consistency of ordinance with plan--Effective date of designation--Challenging designation
Status: in_force

The designation ordinance may not be materially inconsistent with the approved designation plan for the district. The effective date of the designation shall be specified in the designation ordinance and may be not less than sixty days after adoption of the designation ordinance. The designation is binding on all political subdivisions, landfill operators, solid waste generators, and solid waste collectors in the designation area. Any action challenging a designation shall be brought within sixty days of the adoption of the designation ordinance.

Source: SL 1993, ch 259, § 45.
S.D. Codified Laws § 34-12-52 — SD Code / Title 34 / Chapter 12 / Section 34-12-52
Definition of terms related to trauma care system
Status: in_force

Terms used in this section and §§ 34-12-53 to 34-12-55 , inclusive, mean:

(1) "Department," the Department of Health;

(2) "Emergency medical services," health care provided to the patient at the scene, during transportation to a medical facility, between medical facilities, and upon entry at the medical facility;

(3) "Trauma," a sudden, severe injury or damage to the body caused by an external force that results in potentially life-threatening injuries or that could result in the following disabilities:

(a) Impairment of cognitive or mental abilities;

(b) Impairment of physical functioning; or

(c) Disturbance of behavioral or emotional functioning;

(4) "Trauma care system," a statewide system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both the provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, inter-hospital, and rehabilitative care for trauma patients;

(5) "Trauma hospital," a hospital designated by the department as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility; and

(6) "Trauma registry," patient-specific trauma data that is maintained by a health care facility, in a format prescribed by rules promulgated pursuant to § 34-12-54 .

Source: SL 2008, ch 168, § 1; SL 2017, ch 150, § 3; SL 2022, ch 103, § 3.
S.D. Codified Laws § 34-20A-81 — SD Code / Title 34 / Chapter 20A / Section 34-20A-81
Maximum period of involuntary commitment--Discharge or recommitment
Status: in_force

Any person committed under § 34-20A-70 shall remain in for treatment for a period not to exceed ninety days unless sooner discharged. At the end of the ninety - day period, he shall be discharged automatically unless the administrator or an authorized designee of the facility to which the patient is committed prior to expiration of the period obtains a court order for recommitment upon the grounds set forth in § 34-20A-70 for a further period of ninety days unless sooner discharged.

Source: SL 1974, ch 240, § 12 (e); SL 1976, ch 218; SL 1985, ch 277, § 31.
S.D. Codified Laws § 34A-2-18 — SD Code / Title 34A / Chapter 2 / Section 34A-2-18
Procedure for establishment of classification, standards or rules
Status: in_force

Before waters are classified or standards established or modified, or rules made, revoked, or modified, the board shall follow the procedures established by chapter 1-26 .

Source: SDC Supp 1960, § 61.0145 as enacted by SL 1966, ch 260, § 1; SL 1967, ch 340; SDCL, § 46-25-8; SL 1973, ch 280, § 10; SDCL Supp, § 46-25-36.
S.D. Codified Laws § 34-26-9 — SD Code / Title 34 / Chapter 26 / Section 34-26-9
Receipt and record of bodies received by medical school
Status: in_force

A receipt for any body forwarded pursuant to § 34-26-8 shall be given to the officer or person delivering the same, and the medical school of the university shall keep or cause to be kept, a record of all such bodies so received, in which shall be recorded at length all facts necessary for the identification of such bodies.

Source: SL 1909, ch 278, § 2; RC 1919, § 5595; SDC 1939, § 15.1104.
S.D. Codified Laws § 34-23A-10.2 — SD Code / Title 34 / Chapter 23A / Section 34-23A-10.2
Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized
Status: in_force

A physician who, knowingly or in reckless disregard, violates § 34-23A-2.1 , 34-23A-7 , or 34-23A-10.1 is guilty of a Class 2 misdemeanor. The court in which a conviction of a violation of § 34-23A-2.1 , 34-23A-7 , or 34-23A-10.1 occurs shall report such conviction to the Board of Medical and Osteopathic Examiners.

No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No criminal penalty or civil liability for failure to comply with subsection 34-23A-10.1 (2)(c) or that portion of subsection 34-23A-10.1 (3) requiring a written certification that the woman has been informed of her opportunity to review the information referred to in subsection 34-23A-10.1 (2)(c) may be assessed unless the department of health has made the printed materials available at the time the physician or the physician's agent is required to inform the female of her right to review them.

Source: SL 1980, ch 245, § 2; SL 1993, ch 249, § 7; SL 1997, ch 204, § 4.
S.D. Codified Laws § 34A-13-8.3 — SD Code / Title 34A / Chapter 13 / Section 34A-13-8.3
Limitation on reimbursement for release sites
Status: in_force

Regardless of the number of releases involved, locations involved, covered parties involved, claims made, suits brought, or persons filing claims or bringing legal action, in no event may the amount of reimbursement for any release site exceed nine hundred ninety thousand dollars unless the director has determined a new occurrence has taken place and all claims for prior occurrences have been established or settled. The provisions of this chapter do not authorize the department to pay any exemplary and noneconomic damages, including damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of society and companionship, hedonic damages, or punitive damages on behalf of any covered party.

Source: SL 1992, ch 260, § 7; SL 2024, ch 146, § 5.
S.D. Codified Laws § 34-20B-82 — SD Code / Title 34 / Chapter 20B / Section 34-20B-82
Unauthorized Schedule I substances deemed contraband--Summary seizure and forfeiture
Status: in_force

All substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of the provisions of this chapter shall be deemed contraband and seized and summarily forfeited to the state. Similarly, all substances listed in Schedule I, which are seized or come into the possession of the state, the owners of which are unknown, shall be deemed contraband and summarily forfeited to the state.

Source: SL 1970, ch 229, § 11 (e) (5); SDCL Supp, § 39-17-138.
S.D. Codified Laws § 34-5-11.1 — SD Code / Title 34 / Chapter 5 / Section 34-5-11.1
Examination of food as necessary--Ordering removal from availability
Status: in_force

Food may be examined by the department as often as may be necessary to determine freedom from adulteration. The Department of Health may, upon written notice to the owner, order removal of adulterated food from availability for human consumption.

Source: SL 1980, ch 238, § 5.
S.D. Codified Laws § 34-24A-3 — SD Code / Title 34 / Chapter 24A / Section 34-24A-3
Enforcement of fluoridation requirements--Number of users requiring fluoridation--Exemption from fluoridation requirement
Status: in_force

The Department of Agriculture and Natural Resources shall enforce the provisions of §§ 34-24A-1 and 34-24A-2 . In so doing it shall require the fluoridation of water in all municipal water supplies serving a population of five hundred or more. The department may not require the fluoridation of water in any municipal water supply where such water supply in the state of nature contains sufficient fluorides to conform with the rules of the department.

Source: SL 1969, ch 112; SL 1972, ch 15, § 3; SL 1986, ch 295, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-2-20 — SD Code / Title 34A / Chapter 2 / Section 34A-2-20
Establishment of waste treatment requirements
Status: in_force

The board shall establish minimum requirements for the treatment of wastes.

Source: SL 1973, ch 280, § 4 (11); SDCL Supp, § 46-25-38.
S.D. Codified Laws § 34A-17-3 — SD Code / Title 34A / Chapter 17 / Section 34A-17-3
Nature of rights--Subordination of interests
Status: in_force

(a) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.

(b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.

(c) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.

(d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:

(1) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant;

(2) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;

(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association;

(4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.

Source: SL 2005, ch 196, § 3.
S.D. Codified Laws § 34A-16-11 — SD Code / Title 34A / Chapter 16 / Section 34A-16-11
Expansion or reduction in size--Certified copy of governing resolution
Status: in_force

If a regional recycling and waste management district is expanded or reduced in size pursuant to § 34A-16-9 or 34A-16-10 , the district shall forward to the secretary of state a certified copy of each resolution adopted by the board of commissioners governing the expansion or reduction.

Source: SL 1993, ch 259, § 11.
S.D. Codified Laws § 34-20B-15 — SD Code / Title 34 / Chapter 20B / Section 34-20B-15
Criteria for inclusion of substances in Schedule II
Status: in_force

To be included within Schedule II, a substance shall have:

(1) A high potential for abuse,

(2) Currently accepted medical use in the United States, or currently accepted medical use with severe restrictions, and

(3) Abuse which may lead to severe psychic or physical dependence.

Source: SL 1970, ch 229, § 8 (b); SDCL Supp, § 39-17-58; SL 1976, ch 158, § 42-14.
S.D. Codified Laws § 34A-2-52 — SD Code / Title 34A / Chapter 2 / Section 34A-2-52
Procedural requirements in dealing with violations
Status: in_force

The procedures set forth in §§ 34A-2-53 to 34A-2-60 , inclusive, shall be followed in addition to the procedures outlined by chapter 1-26 .

Source: SL 1973, ch 280, § 11; SDCL Supp, § 46-25-68.
S.D. Codified Laws § 34-18-19 — SD Code / Title 34 / Chapter 18 / Section 34-18-19
Closure order for temporary food service establishment--Operation after closure notice as violation--Refund of license fee
Status: in_force

Should a temporary food service establishment licensed under § 34-18-17 not be in compliance with the provisions of this chapter and the rules and regulations of the department and compliance is not considered feasible during the period of the celebration or public gathering where its operation is planned, it shall be the duty of the secretary of health, subject to the requirements of § 1-26-29 , to issue a closure order to the owner of such temporary food service establishment. Continued operation after notice of closure as rendered by the secretary shall be in direct violation of the licensing requirements of this chapter. Any license fees paid shall be refunded unless the temporary food service establishment has operated for more than one day. If the temporary food service establishment has operated for more than one day, the fee paid shall be forfeited by the owner of such temporary food service establishment.

Source: SL 1963, ch 158, § 9; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34A-5-54.1 — SD Code / Title 34A / Chapter 5 / Section 34A-5-54.1
Assumption of bonded indebtedness of district by municipality--Election
Status: in_force

The outstanding bonded indebtedness of any sanitary district that dissolves itself may be assumed by a municipality that assumes the assets of such sanitary district. Before a municipality may assume such bonded indebtedness, the governing body of the municipality shall by resolution or ordinance declare the necessity thereof and shall hold an election pursuant to §§ 6-8B-4 and 6-8B-5 . The notice of the election and the form of the ballot shall inform the voters of such municipality that the purpose of the election is to assume the bonded indebtedness of such sanitary district. The approval of the assumption of such debt shall require a favorable vote of a majority of the voters of the public body voting on the question. Before any election may be held on such assumption, the holder of such bonds shall, in writing, approve the question.

Source: SL 1986, ch 293, § 1.
S.D. Codified Laws § 34-12-4 — SD Code / Title 34 / Chapter 12 / Section 34-12-4
Lodging establishments exempt from chapter
Status: in_force

Nothing in this chapter shall apply to lodging establishments or other similar places that furnish only board and room, or either, to their guests.

Source: SL 1945, ch 108, § 2; SL 1953, ch 123, § 2; SDC Supp 1960, § 27.1202.
S.D. Codified Laws § 34-12F-2 — SD Code / Title 34 / Chapter 12F / Section 34-12F-2
Execution of EMS cardiopulmonary resuscitation directive
Status: in_force

Any adult who has the decisional capacity to provide informed consent to, or refusal of, medical treatment, or any other person who is, pursuant to § 34-12C-2 or 59-7-2.5 or other laws of this state, authorized to make medical treatment decisions on behalf of a person who lacks such decisional capacity, may execute an EMS cardiopulmonary resuscitation directive.

Source: SL 2004, ch 226, § 2; SL 2005, ch 183, § 2.
S.D. Codified Laws § 34-52-4 — SD Code / Title 34 / Chapter 52 / Section 34-52-4
Treatment and consultation recommendations
Status: in_force

Treatment and consultation recommendations made through telehealth via a health care professional shall be appropriately provided and within the health care professional's scope of practice, training, and experience.

Source: SL 2019, ch 156, § 4.
S.D. Codified Laws § 34-23A-1.4 — SD Code / Title 34 / Chapter 23A / Section 34-23A-1.4
Legislative findings--Risks to life and health of pregnant woman
Status: in_force

The Legislature finds that procedures terminating the life of an unborn child impose risks to the life and health of the pregnant woman. The Legislature further finds that a woman seeking to terminate the life of her unborn child may be subject to pressures which can cause an emotional crisis, undue reliance on the advice of others, clouded judgment, and a willingness to violate conscience to avoid those pressures. The Legislature therefore finds that great care should be taken to provide a woman seeking to terminate the life of her unborn child and her own constitutionally protected interest in her relationship with her child with complete and accurate information and adequate time to understand and consider that information in order to make a fully informed and voluntary consent to the termination of either or both.

Source: SL 2005, ch 186, § 3.
S.D. Codified Laws § 34-27-17 — SD Code / Title 34 / Chapter 27 / Section 34-27-17
Punishment for omission to reinter when cemetery removed
Status: in_force

Every omission of duty to disinter, remove, and rebury the remains of bodies in cemeteries or other places of burial when such removal has been lawfully authorized, is punishable in the same manner as omission to perform the duty of making burial is punished under the provisions of § 34-26-18 .

Source: PenC 1877, § 361; CL 1887, § 6562; RPenC 1903, § 366; RC 1919, § 3880; SDC 1939, § 13.1416.
S.D. Codified Laws § 34-9-13 — SD Code / Title 34 / Chapter 9 / Section 34-9-13
Funds or property acquired through taxes not transferred to corporation
Status: in_force

No funds or property shall be transferred pursuant to § 34-9-11 that are acquired through legal tax levy in the municipality.

Source: SL 1972, ch 191.
S.D. Codified Laws § 34A-10-15 — SD Code / Title 34A / Chapter 10 / Section 34A-10-15
Citation of chapter
Status: in_force

This chapter shall be known and may be cited as the "South Dakota Environmental Protection Act of 1973."

Source: SL 1973, ch 144, § 1; SDCL Supp, § 21-10A-15.
S.D. Codified Laws § 34-10-29 — SD Code / Title 34 / Chapter 10 / Section 34-10-29
Annual audit of district affairs--Report of audit
Status: in_force

The hospital district board, at the close of each year of business, shall cause an audit to be made by the State Department of Legislative Audit, or an auditor approved by the State Department of Legislative Audit of the books, records, and financial affairs of the district, and a written report of such audit shall be kept on file in the principal place of business of the district.

Source: SL 1959, ch 135, § 11; SDC Supp 1960, § 27.19B11.
S.D. Codified Laws § 34-34A-9.7 — SD Code / Title 34 / Chapter 34A / Section 34-34A-9.7
Violation of manufacture or sale prohibitions--Misdemeanor
Status: in_force

A person or an officer, director, or agent of a corporation who knowingly violates the provisions of § 34-34A-9.4 in any manner which threatens the health or safety of a purchaser is guilty of a Class 1 misdemeanor.

Source: SL 1982, ch 267, § 5; SL 1990, ch 278, § 13.
S.D. Codified Laws § 34A-2-46 — SD Code / Title 34A / Chapter 2 / Section 34A-2-46
Right of entry on premises where pollution produced
Status: in_force

The secretary may enter, upon presentation of proper credentials upon any premises in which a point source, including an industrial user of a publicly owned treatment works, is located, or in which any records required to be maintained pursuant to § 34A-2-44 are located.

Source: SL 1973, ch 280, § 6 (8); SDCL Supp, § 46-25-62; SL 1988, ch 285, § 15.
S.D. Codified Laws § 34-48A-15 — SD Code / Title 34 / Chapter 48A / Section 34-48A-15
County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents
Status: in_force

No later than January thirty-first of each year, each county commission shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the county commission, the county auditor, the county sheriff, the county coroner, and the state's attorney at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer's name and telephone number; and home, business, and other personal email or internet addresses.

The county commission shall also provide information on any employee of the county responsible for any of the functions listed in § 34-48A-14 .

Source: SL 2002, ch 163, § 3; SL 2004, ch 17, § 191; SDCL § 33-15-11.3 .
S.D. Codified Laws § 34-12-32 — SD Code / Title 34 / Chapter 12 / Section 34-12-32
Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor
Status: in_force

Any person engaged in the business of operating a home or facility for the purpose of providing residential services for compensation to two or more elderly or disabled persons not related to the owner by blood or marriage shall register annually with the State Department of Health, unless otherwise required to be licensed under this chapter. As used in this section, the term, "residential services," means room, meals, and daily living services, but not habilitative or health care. The department shall establish procedures and provide forms for registration. No fee may be established for registration. To implement this section, the State Department of Health may adopt rules pursuant to chapter 1-26 . Failure to register pursuant to this section is a Class 2 misdemeanor.

Source: SL 1991, ch 272, § 3.
S.D. Codified Laws § 34-12B-4 — SD Code / Title 34 / Chapter 12B / Section 34-12B-4
Pharmacy splitting fees or giving rebate or free equipment and services to nursing facility as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any licensed pharmacy or pharmacist to split fees with, or give a rebate of any type or furnish free equipment to any nursing facility or nursing facility administrator as an incentive to the nursing facility or nursing facility administrator to designate such pharmacy or pharmacist as an exclusive provider of drugs and medicines.

Source: SL 1975, ch 225, § 4; SL 1977, ch 190, § 18.
S.D. Codified Laws § 34-12I-15 — SD Code / Title 34 / Chapter 12I / Section 34-12I-15
Evidentiary material
Status: in_force

(1) The video monitoring was conducted in accordance with this chapter;

(2) The recording has not been edited or artificially enhanced; and

(3) The recording indicates the date and time that the events occurred.

Source: SL 2020, ch 152, § 15.
S.D. Codified Laws § 34-26-77 — SD Code / Title 34 / Chapter 26 / Section 34-26-77
Affidavit--Designation by decedent
Status: in_force

A person who is 18 years or older and of sound mind wishing to authorize another person to control the disposition of his or her remains as referenced in § 34-26-75 , may execute an affidavit before a notary public in substantially the following form:

State of _______________ }

County of ______________ }

I, __________________, do hereby designate ____________________ with the right to control the disposition of my remains upon my death. I __ have/ __ have not attached specific directions concerning the disposition of my remains which the designee shall substantially comply with, provided such directions are lawful and there are sufficient resources in my estate to carry out the directions.

Subscribed and sworn to before me this ___ day of the month of _____ of the year _____.

______________________ (signature of notary public)

Source: SL 2022, ch 113, § 4.
S.D. Codified Laws § 34-18-21.2 — SD Code / Title 34 / Chapter 18 / Section 34-18-21.2
Review of requests for inspection of records
Status: in_force

In the event that a court is asked to review a request by the secretary for inspection pursuant to § 34-18-21 , the court shall consider whether a health emergency exists and whether the request is consistent with the needs of the secretary to enforce the secretary's duties in this chapter. The court shall balance the business interests of the proprietor, the privacy interests of the guests and the enforcement interests of the secretary as it determines the extent to which the records shall be delivered to the secretary and determines the costs of such disclosures which shall be allocated to the secretary.

Source: SL 1994, ch 277, § 3.
S.D. Codified Laws § 34A-2-124 — SD Code / Title 34A / Chapter 2 / Section 34A-2-124
General permit for category of water pollution control--Effective period--Modification, suspension, or revocation--Violation
Status: in_force

After public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue a general permit for a category of water pollution control. A general permit issued by the board may be subject to such terms and conditions for installation, establishment, modification, operation, or abandonment of a category of water pollution control as the board finds reasonably necessary to adequately protect the public health, safety, welfare, and the environment of this state. Water pollution control activities conducted in conformity with a general permit do not require a permit issued by the secretary under § 34A-2-27 .

A general permit shall remain in effect for a period of five years from the date of issuance or until suspended, revoked, or modified by the board. A general permit may be modified after public notice and opportunity for public hearing. A general permit may be suspended or revoked after publication of notice and order of suspension and revocation in at least three newspapers of general circulation in this state. If an affected facility or interested party wishes to contest the order, a request for hearing shall be filed with the department within twenty days. A hearing on the matter shall be held as soon thereafter as practicable. Notice of hearing shall be published in at least three newspapers of general circulation in this state. Any facility operating under a general permit pursuant to this section, upon the filing of a complaint to the board, and upon action by the board in accordance with the contested case provisions of chapter 1-26 , may be removed from the jurisdiction of the general permit and required to obtain an individual permit. Any violation of a condition of a general permit issued pursuant to this section is subject to § 34A-2-75 .

Source: SL 1993, ch 257, § 13; SL 1999, ch 180, § 2.
S.D. Codified Laws § 34-48A-30 — SD Code / Title 34 / Chapter 48A / Section 34-48A-30
Minimum local effort required for state aid
Status: in_force

In order to qualify for state financial assistance to meet the costs of an emergency or disaster declared by the Governor, a county shall meet the minimum standard of local effort as specified in subdivision 34-48A-1(7).

Source: SL 1969, ch 247, § 2; SDCL Supp, § 33-15-24.2 ; SL 1977, ch 271, § 26; SL 1987, ch 29, § 17; SDCL § 33-15-24.1 .
S.D. Codified Laws § 34-20A-18 — SD Code / Title 34 / Chapter 20A / Section 34-20A-18
Solicitation and acceptance of gifts, grants, and services
Status: in_force

The department may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state or any political subdivision thereof, or any private source, and may do all things necessary to cooperate with the federal government or any of its agencies in applying for any grant.

Source: SL 1974, ch 240, § 4 (3); SL 2023, ch 94, § 7.
S.D. Codified Laws § 34-18-8 — SD Code / Title 34 / Chapter 18 / Section 34-18-8
Deposit and accounting for money received
Status: in_force

All money received by the secretary in the administration of this chapter shall be receipted and accounted for by the State Health Department and all money so collected shall be deposited monthly with the state treasurer to the credit of the state general fund. If any local health department has been designated as an agent of the secretary as provided by § 34-18-7 , and the local health department actually carries out the duties agreed to with the secretary, then all such money received by the secretary from establishments within the boundaries of the local health department shall be returned to that health department.

Source: SDC 1939, § 27.1726; SL 1963, ch 158, § 18; SL 1970, ch 200; SL 1996, ch 212.
S.D. Codified Laws § 34A-5-6 — SD Code / Title 34A / Chapter 5 / Section 34A-5-6
Application for incorporation of district--Number of signatures required--Filing
Status: in_force

The application for organization shall be as provided in § 6-16-2 and shall be filed with the county auditor and presented to the board of county commissioners for consideration at the board's next meeting.

Source: SL 1947, ch 226, § 5; SDC Supp 1960, § 45.3805; SL 1964, ch 144, § 3; SDCL, § 34-17-6; SL 1998, ch 36, § 41.
S.D. Codified Laws § 34-20G-62 — SD Code / Title 34 / Chapter 20G / Section 34-20G-62
Employment restrictions on medical cannabis establishments
Status: in_force

(1) Was convicted of a disqualifying felony offense; or

(2) Is under twenty-one years of age.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34A-8A-8 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-8
Prairie dog management plan
Status: in_force

The Department of Game, Fish and Parks and the Department of Agriculture and Natural Resources are directed to develop a state prairie dog management plan. The plan shall formulate state management actions that will serve to prevent the prairie dog from being listed as a federal threatened or endangered species. If such plan or any agreement adopted pursuant to such plan contains provisions for incentive payments to private landowners for managing prairie dog habitat or restricts private landowner rights to use any means of controlling prairie dogs on their property, the plan or any agreement adopted pursuant to such plan shall be submitted to the South Dakota Legislature, in bill form, for approval, prior to it becoming effective.

Source: SL 2002, ch 169, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-21-50 — SD Code / Title 34 / Chapter 21 / Section 34-21-50
Investigation of waste disposal applicants located within fifty miles of state borders
Status: in_force

If any application is filed with any local, state, or federal agency for a permit for any facility or operation for the transportation, storage, treatment, or disposal of radioactive waste or hazardous waste within fifty miles of the borders of the State of South Dakota, which may pose a threat to the natural or financial resources of the state, the attorney general, with the assistance of the Department of Agriculture and Natural Resources, shall investigate the background of the applicant pursuant to § 34-21-51 .

Source: SL 1990, ch 272, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-8-9 — SD Code / Title 34A / Chapter 8 / Section 34A-8-9
Possession, transportation and sale of endangered and threatened species prohibited--Violation as misdemeanor
Status: in_force

Except as otherwise provided in this chapter, no person may take, possess, transport, import, export, process, sell, or offer for sale, buy or offer to buy, nor may a common or contract carrier transport or receive for shipment, any species of wildlife or plants appearing on the following lists:

(1) The list of wildlife and plants indigenous to the state determined to be endangered or threatened within the state pursuant to §§ 34A-8-3 and 34A-8-4 .

(2) The United States list of endangered or threatened native wildlife effective on January 1, 1977.

(3) The United States list of endangered or threatened foreign wildlife effective on January 1, 1977.

(4) The United States list of endangered or threatened plants effective on January 1, 1977.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1977, ch 335, § 5; SL 1992, ch 158, § 48.
S.D. Codified Laws § 34A-3A-3 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-3
Promulgation of rules establishing standards and compliance procedures--Violation
Status: in_force

The Water Management Board shall promulgate rules, pursuant to chapter 1-26 , establishing:

(1) Safe drinking water standards with maximum contaminant levels necessary to protect public health and safety. No maximum contaminant level may be more stringent than those established under the Federal Safe Drinking Water Act, as amended to January 1, 2011; and

(2) Procedures to ensure compliance with this chapter including quality control, testing, monitoring, record keeping, reporting, and public notice.

A violation of the rules adopted pursuant to this section is subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty not to exceed five hundred dollars for each day of violation.

Source: SL 1983, ch 260, § 3; SL 1987, ch 259, § 2; SL 1988, ch 285, § 37; SL 1992, ch 158, § 37; SL 2011, ch 165, § 80.
S.D. Codified Laws § 34-48-2 — SD Code / Title 34 / Chapter 48 / Section 34-48-2
Requests for assistance by public agencies and covered entities--Use of Incident Command System
Status: in_force

In addition to the provisions of chapter 1-24 and chapter 34-48A , any public agency or covered entity may request assistance from any other public agency or covered entity in order to preserve and protect the public health, safety, and welfare. The requesting public agency and the deploying public agency shall utilize the Incident Command System of the National Incident Management System. Failure to correctly implement the National Incident Management System does not nullify any of the protections or provisions contained elsewhere in this chapter.

Source: SL 2006, ch 189, § 2; SL 2013, ch 164, § 1.
S.D. Codified Laws § 34-43-8 — SD Code / Title 34 / Chapter 43 / Section 34-43-8
Refusal to permit inspection by warrant as misdemeanor
Status: in_force

Any person who willfully refuses to permit an inspection lawfully authorized by a warrant issued pursuant to §§ 34-43-1 to 34-43-8 , inclusive, is guilty of a Class 2 misdemeanor.

Source: SL 1986, ch 290, § 8.
S.D. Codified Laws § 34-25-16.8 — SD Code / Title 34 / Chapter 25 / Section 34-25-16.8
New birth certificate for certain crime victims--Sealing
Status: in_force

If a person obtains a court order for a name change under § 21-37-5.2 and requests a new certificate of birth, the person shall present a certified copy of the court order and the department shall issue a new certificate of birth. The original certificate, and any other evidence upon which a new certificate is made, must be sealed in accordance with the court order. The new certificate must not contain any evidence of a name change. The sealed records may only be opened by a court order based upon showing good cause or at the person's request.

Source: SL 2022, ch 59, § 2.
S.D. Codified Laws § 34-23A-49 — SD Code / Title 34 / Chapter 23A / Section 34-23A-49
Compliance inspections
Status: in_force

The department may inspect an abortion facility at reasonable times as necessary to ensure compliance with §§ 34-23A-46 to 34-23A-51 , inclusive. The department shall inspect an abortion facility before renewing the facility's license.

Source: SL 2006, ch 182, § 5.
S.D. Codified Laws § 34A-18-4 — SD Code / Title 34A / Chapter 18 / Section 34A-18-4
Consultation with department
Status: in_force

Each crude oil pipeline operator shall consult the department during the preparation of its oil spill response plan.

Source: SL 2008, ch 180, § 4.
S.D. Codified Laws § 34A-3-4 — SD Code / Title 34A / Chapter 3 / Section 34A-3-4
Plants and systems for which certified operators required
Status: in_force

All water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, serving a demand equal to five hundred or more persons and all water treatment plants using surface water or groundwater under the direct influence of surface water, in whole or in part, whether publicly or privately owned, shall be under the supervision of an operator whose competency is certified to by the secretary in a grade corresponding to the classification of that portion of the system to be supervised. Beginning January 1, 1993, all water treatment systems utilizing disinfection equipment shall be under the supervision of a certified operator.

Source: SL 1970, ch 217, § 4; SDCL Supp, § 36-22A-4; SL 1991, ch 291.
S.D. Codified Laws § 34A-8-11 — SD Code / Title 34A / Chapter 8 / Section 34A-8-11
Permits for capture or destruction of, wildlife to protect life or property--Violation of permit--Emergency protection of human life
Status: in_force

Upon good cause shown and where necessary to alleviate damage to property or to protect human health, endangered or threatened species found on the state list may be removed, captured, or destroyed pursuant to a permit issued by the secretary of game, fish and parks. A violation of the terms of the permit is a Class 2 misdemeanor.

Carnivorous animals found on the state list may be removed, captured, or destroyed by any person in emergency situations involving an immediate threat to human life, provided that the removal, capture, or destruction shall be reported to the secretary or his representative within twenty - four hours of the act.

Source: SL 1977, ch 335, § 7; SL 1992, ch 158, § 49.
S.D. Codified Laws § 34A-2-53 — SD Code / Title 34A / Chapter 2 / Section 34A-2-53
Notice to correct violations--Contents--Civil penalty
Status: in_force

If the secretary has reason to believe that a violation of this chapter or any rule made or permit issued under it is threatened or has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice shall state the provisions alleged to be violated, the facts alleged to constitute a violation, the nature of any corrective action proposed to be required, and the time within which such action is to be taken. For the purpose of this chapter, service by mail is deemed complete on the date of mailing.

Any person who violates an order issued pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.

Source: SDC 1939, § 61.0112; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0148; SL 1966, ch 260, § 3; SDCL § 46-25-12; SL 1973, ch 280, § 11 (1); SDCL Supp, § 46-25-69; SL 1988, ch 285, § 18; SL 1992, ch 158, § 26; SL 2011, ch 165, § 49.
S.D. Codified Laws § 34A-2-29 — SD Code / Title 34A / Chapter 2 / Section 34A-2-29
Plans, specifications, and information required by secretary
Status: in_force

The secretary, under such conditions as the secretary may prescribe, may require the submission of such plans, specifications, and other information as the secretary deems necessary to carry out the provisions of this chapter or to carry out rules promulgated pursuant to the provisions of this chapter.

Source: SL 1973, ch 280, § 8 (4); SDCL Supp, § 46-25-47; SL 2011, ch 165, § 40.
S.D. Codified Laws § 34-25-32.12 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.12
Form and content of certificate of birth resulting in stillbirth
Status: in_force

The Department of Health shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate.

Source: SL 2007, ch 195, § 5.
S.D. Codified Laws § 34A-11-16.1 — SD Code / Title 34A / Chapter 11 / Section 34A-11-16.1
Annual fee for inspection and monitoring
Status: in_force

The department shall assess an annual fee of twenty - five thousand dollars for the inspection, investigation, and monitoring of each hazardous waste disposal facility disposing of more than five hundred tons of hazardous waste per annum. The fee shall be payable to the department one year from the date of the issuance of the permit of the facility and on that same date each year thereafter until operations under the permit cease and the facility is properly closed with the exception of those years where a facility has made application for renewal and paid the required renewal application fee. The department shall deposit the fee in the hazardous waste revolving fund established pursuant to § 34A-11-24 . The incineration or thermal destruction of hazardous wastes shall be considered disposal for the purpose of this section.

Source: SL 1990, ch 289, § 3.
S.D. Codified Laws § 34-45-7 — SD Code / Title 34 / Chapter 45 / Section 34-45-7
Liability for collection and payment of service user line surcharges
Status: in_force

Each telecommunications service provider, wireless telecommunications service provider, or Interconnected Voice over Internet Protocol service provider is liable to collect and remit the 911 emergency surcharges imposed by § 34-45-4 . The service user is liable for paying the 911 emergency surcharge imposed by § 34-45-4 . The service provider is not liable for any 911 emergency surcharge if the service provider is unable to collect the surcharge from the service user.

Source: SL 1989, ch 303, § 7; SL 2008, ch 176, § 7; SL 2012, ch 188, § 7.
S.D. Codified Laws § 34-16-23 — SD Code / Title 34 / Chapter 16 / Section 34-16-23
Meetings of county board
Status: in_force

The county board of health shall meet at the county seat at such times as the superintendent may designate. The president of the county board of health shall preside at the meetings.

Source: SL 2002, ch 168, § 7.
S.D. Codified Laws § 34-20A-76 — SD Code / Title 34 / Chapter 20A / Section 34-20A-76
Court-appointed physician or addiction counselor--Refusal of examination--Temporary commitment for examination
Status: in_force

If the person has refused to be examined by a licensed physician or an addiction counselor, the person shall be given an opportunity to be examined by a court-appointed licensed physician or addiction counselor. If the person refuses, or there is sufficient evidence to believe that the allegations of the petition are true, or both, or if the court believes that more evidence is necessary, the court may order a temporary commitment and transportation by a law enforcement officer to an approved treatment facility for a period of not more than five days for purposes of a diagnostic examination.

Source: SL 1974, ch 240, § 12 (c); SL 1985, ch 277, § 26; SL 2012, ch 182, § 2; SL 2016, ch 15, § 20; SL 2022, ch 108, § 15.
S.D. Codified Laws § 34-23A-77 — SD Code / Title 34 / Chapter 23A / Section 34-23A-77
Legislative finding that statement in §34-23A-76does not comply with subsection34-23A-10.1(1)(e)(ii)
Status: in_force

The Legislature finds that the disclosure in § 34-23A-76 , made at the Planned Parenthood facility in Sioux Falls, South Dakota does not comply with subsection 34-23A-10.1 (1)(e)(ii), and expressly denies the disclosure required by that subsection of South Dakota's informed consent abortion law.

Source: SL 2018, ch 205, § 4.
S.D. Codified Laws § 34-20A-74 — SD Code / Title 34 / Chapter 20A / Section 34-20A-74
Presence in court of person or guardian ad litem--Examination by court
Status: in_force

The person shall be present unless the court believes that his presence is likely to be injurious to him; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall examine the person out of court.

Source: SL 1974, ch 240, § 12 (c).
S.D. Codified Laws § 34A-13-46 — SD Code / Title 34A / Chapter 13 / Section 34A-13-46
Tanks at abandoned sites
Status: in_force

No reimbursement may be provided for third - party claims resulting from tanks at abandoned sites.

Source: SL 1990, ch 292, § 17; SL 1992, ch 260, § 33.
S.D. Codified Laws § 34-12-39.4 — SD Code / Title 34 / Chapter 12 / Section 34-12-39.4
New nursing facility as part of existing facility
Status: in_force

Notwithstanding the provisions of § 34-12-39.2 , a new nursing facility as defined in§ 34-12-1.1 may be constructed, operated, and maintained as part of an existing nursing facility licensed under chapter 34-12 if:

(1) The new nursing facility is located within fifteen miles of the existing nursing facility;

(2) The combined bed capacity of both the licensed existing nursing facility and the new nursing facility do not exceed the total number of beds afforded to the existing nursing facility under § 34-12-35.4 ; and

(3) Both the existing nursing facility and the new nursing facility serve medicaid residents and both facilities independently maintain an annual minimum medicaid occupancy rate no less than ten percent below the state-wide average at the time rates are established.

For the purposes of medicaid reimbursement, the facility shall submit a combined annual cost report to include the combined costs for both the existing nursing facility and the new nursing facility. Medicaid reimbursement rates shall be calculated using the combined cost report, and rates will be subject to the ceilings and limitations set forth in rules promulgated pursuant to § 28-6-1 . The existing facility's medicaid reimbursement rate shall be used to establish the overall ceiling as outlined in rules promulgated pursuant to § 28-6-1 . The existing nursing facility is limited to construction of one new facility under this section.

Source: SL 2010, ch 170, § 3.
S.D. Codified Laws § 34A-6-92 — SD Code / Title 34A / Chapter 6 / Section 34A-6-92
Beverage containers, garbage bags, and plastic packaging materials--Preemption--Specially designated garbage bags
Status: in_force

The provisions of chapter 34A-7 relating to beverage containers, garbage bags, and garbage can liners, auxiliary containers, and § 34A-6-68 relating to uniform recycling codes for plastic containers, preempt all laws by any other political subdivision of the state relating to auxiliary containers, beverage containers, garbage bags, straws used for beverage consumption, or plastic packaging materials. No other political subdivision of the state may enact any law restricting the use in commerce of auxiliary containers, beverage containers, garbage bags, straws used for beverage consumption, or plastic packaging materials. Nothing in §§ 34A-6-59 to 34A-6-92, inclusive, may be construed to limit a political subdivision from allowing or requiring specially designated garbage bags for the purpose of identifying volume or type of waste or restricting the use of glass bottles and containers within park or recreation sites and facilities due to public safety concerns.

Source: SL 1992, ch 254, § 50V; SL 2020, ch 153, § 1.
S.D. Codified Laws § 34-1-14 — SD Code / Title 34 / Chapter 1 / Section 34-1-14
Advice and supervision by department
Status: in_force

The Department of Health shall have the power:

(1) To advise the directors of divisions in all matters pertaining to their duties;

(2) To exercise general supervision over all health officers and local boards of health in the state.

Source: SL 1895, ch 96, § 5; RPolC 1903, § 242; SL 1903, ch 217, § 2; SL 1913, ch 109, § 4; SL 1917, ch 353, § 2; RC 1919, § 7667 (2); SL 1919, ch 317; SDC 1939, § 27.0104 (2); SL 1949, ch 105, § 5; SDC Supp 1960, § 27.0104 (5), (6).
S.D. Codified Laws § 34-45-17 — SD Code / Title 34 / Chapter 45 / Section 34-45-17
Immunity from liability
Status: in_force

The 911 emergency reporting system provided by this chapter is within the governmental powers and authority of the governing body or public agency. In contracting for the 911 emergency reporting system or the provisioning of the 911 service, except for willful or wanton negligence or intentional acts, the board, the governing body, the public agency, the service provider, the prepaid wireless service provider, the prepaid wireless service seller, and the service supplier, their employees and agents, are immune from liability for a failure in the use or operation of the 911 system. The immunity provided by this section does not extend to the installation or maintenance of the 911 system.

Source: SL 1992, ch 253; SL 2008, ch 176, § 13; SL 2010, ch 179, § 3; SL 2012, ch 188, § 17.
S.D. Codified Laws § 34-12-53 — SD Code / Title 34 / Chapter 12 / Section 34-12-53
Trauma care system and statewide trauma registry
Status: in_force

The department shall develop, implement, and administer a trauma care system including a statewide trauma registry that involves all hospitals, freestanding emergency medical care facilities, rural emergency hospitals, and emergency medical services within the state.

Source: SL 2008, ch 168, § 2; SL 2017, ch 150, § 4; SL 2022, ch 103, § 4.
S.D. Codified Laws § 34-44-26 — SD Code / Title 34 / Chapter 44 / Section 34-44-26
Rules for training reciprocity
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 to establish provisions for reciprocity to allow a worker or asbestos contractor trained in another state to use such training to satisfy South Dakota certification requirements, if the department finds that the training received in the other state would meet the requirements of this chapter.

Source: SL 1988, ch 284, § 24.
S.D. Codified Laws § 34A-6-41 — SD Code / Title 34A / Chapter 6 / Section 34A-6-41
Local standards for sites and facilities
Status: in_force

Any local governing body in accordance with existing statutory authority, may by ordinance or resolution adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities more restrictive than those adopted by the State Department of Agriculture and Natural Resources under the provisions of this chapter.

Source: SL 1972, ch 198, § 5; SDCL, § 34-16B-27; SL 1977, ch 280, § 32; SL 1986, ch 295, § 27; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-22-9 — SD Code / Title 34 / Chapter 22 / Section 34-22-9
State-wide system for prevention, control, and treatment of communicable disease--Promulgation of rules
Status: in_force

The department shall establish and direct the operations of a state-wide system for communicable disease prevention, control, and treatment. The department may promulgate rules, pursuant to chapter 1-26 , to:

(1) Conduct communicable disease surveillance which includes detection, assessment, and analysis;

(2) Prescribe criteria for communicable disease case definitions;

(3) Prescribe procedures for communicable disease case and contact notification, referral, and management;

(4) Prescribe methods and procedures for the prevention and control of communicable disease;

(5) Prescribe methods and procedures for the control of communicable disease patients and carriers, including the monitoring, quarantine, and isolation of any patient or carrier;

(6) Prescribe medical and posttreatment supervision measures for communicable disease patients and carriers;

(7) Prescribe methods and procedures for the prevention and control of occupationally-related communicable diseases; and

(8) Prescribe procedures for infection prevention measures for communicable disease control and prevention.

Source: SL 1963, ch 380, § 5 (1); SL 1992, ch 246; SL 2015, ch 181, § 7.
S.D. Codified Laws § 34-29A-38 — SD Code / Title 34 / Chapter 29A / Section 34-29A-38
Inspection reports by special inspectors
Status: in_force

Each company employing special inspectors meeting the requirements of § 34-29A-6 shall, within thirty days following each certificate inspection made by the inspectors, file a report of the inspection with the Office of the State Fire Marshal upon appropriate forms as promulgated by the National Board of Boiler and Pressure Vessel Inspectors. The filing of reports of external inspections, except for certificate inspections, may not be required unless the inspections disclose that the boiler is in a dangerous condition.

Source: SL 1973, ch 229, § 15; SL 1982, ch 18, § 61; SL 1996, ch 216, § 4.
S.D. Codified Laws § 34-20A-63 — SD Code / Title 34 / Chapter 20A / Section 34-20A-63
Emergency detainment--Grounds
Status: in_force

An intoxicated person, or a person receiving treatment for withdrawal management, may be detained in an approved treatment facility for emergency treatment if the person:

(1) Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict physical harm on another unless detained;

(2) Is incapacitated by the effects of alcohol or drugs; or

(3) Is pregnant and abusing alcohol or drugs.

A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

Source: SL 1974, ch 240, § 11 (a); SL 1985, ch 277, § 14; SL 1998, ch 204, § 1; SL 2022, ch 108, § 5; SL 2023, ch 117, § 3.
S.D. Codified Laws § 34-23-4 — SD Code / Title 34 / Chapter 23 / Section 34-23-4
Infected persons required to submit to treatment--Isolation or quarantine
Status: in_force

State, county, and municipal health officers or their authorized deputies within their respective jurisdiction are hereby directed and empowered to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured or to submit to treatment provided at public expense until cured, and also, when in their judgment it is necessary to protect the public health, to isolate or quarantine persons infected with venereal disease.

Source: SL 1919, ch 284, § 3; SL 1921, ch 339; SDC 1939, § 27.2403.
S.D. Codified Laws § 34-12-60 — SD Code / Title 34 / Chapter 12 / Section 34-12-60
Facilities exempt from birth center license requirements
Status: in_force

The following facilities are exempt from the requirements of §§ 34-12-57 to 34-12-63 , inclusive:

(1) A hospital licensed pursuant to this chapter; and

(2) A critical access hospital licensed pursuant to this chapter.

Source: SL 2011, ch 155, § 5.
S.D. Codified Laws § 34-54-1 — SD Code / Title 34 / Chapter 54 / Section 34-54-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Primary care provider," an individual or other legal entity that is licensed, registered, or otherwise authorized to provide primary care services in the state, including an individual or other legal entity whose practice is professionally associated with the individual or other legal entity;

(2) "Direct primary care agreement," a contract between a primary care provider and an individual patient or his or her legal representative in which the health care provider agrees to provide primary care services to the individual patient for an agreed-upon fee and period of time;

(3) "Direct primary care practice," a practice that:

(a) Charges a periodic fee for services;

(b) Does not bill any third parties on a fee-for-service basis; and

(c) Limits any per visit charge to less than the monthly equivalent of the periodic fee;

(4) "Primary care service," any service for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the primary care provider, including screenings, assessments, diagnoses, and treatments.

Source: SL 2021, ch 159, § 1.
S.D. Codified Laws § 34-20A-2 — SD Code / Title 34 / Chapter 20A / Section 34-20A-2
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Accredited prevention or treatment facility," a private or public agency meeting the standards prescribed in § 34-20A-27 or a private or public agency or facility surveyed and accredited by The Joint Commission; an Indian Health Service's quality assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse; or the Commission on Accreditation of Rehabilitation Facilities; or the Council on Accreditation; under the drug and alcohol treatment standards incorporated and adopted by the department in rules promulgated pursuant to chapter 1-26 , if proof of the accreditation, with accompanying recommendations, progress reports, and related correspondence are submitted to the department in a timely manner;

(2) "Addiction counselor," a person licensed or certified as an addiction counselor by the South Dakota Board of Addiction and Prevention Professionals;

(3) "Alcoholic," a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that the person's health is substantially impaired or endangered or the person's social or economic function is substantially disrupted;

(4) "Department," the Department of Social Services;

(5) "Drug abuser," a person who habitually lacks self-control as to the use of controlled drugs or substances as defined in § 34-20B-3 to the extent that the person's health is substantially impaired or endangered or that the person's social or economic function is substantially disrupted;

(6) "Incapacitated by the effects of alcohol or drugs," that a person, as a result of the use of alcohol or other drugs, is unconscious, or the person's judgment is otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment;

(7) "Incompetent person," a person who has been adjudged incompetent by the circuit court;

(8) "Intoxicated person," a person who demonstrates diminished mental or physical capacity while under the influence of alcohol or other drugs;

(9) "Prevention," purposeful activities designed to promote personal growth of a person and strengthen the aspects of the community environment that are supportive to the person in order to preclude, prevent, or impede the development of alcohol or other drug misuse and abuse; and

(10) "Treatment," the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, that may be extended to a person experiencing problems as a result of the use of alcohol or other drugs.

Source: SL 1974, ch 240, § 2; SL 1981, ch 375, §§ 18, 19; SL 1985, ch 278, § 2; SL 1989, ch 21, § 154; SL 1989, ch 292, § 1; SL 1999, ch 173, § 1; SL 2004, ch 253, § 29; SL 2009, ch 166, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 70, 163, eff. Apr. 12, 2011; SL 2011, ch 159, § 1; SL 2016, ch 15, § 10; SL 2017, ch 153, § 1; SL 2022, ch 108, § 1; SL 2023, ch 94, § 6; SL 2023, ch 117, § 1.
S.D. Codified Laws § 34-12-35.6 — SD Code / Title 34 / Chapter 12 / Section 34-12-35.6
Redistribution of existing nursing facility beds
Status: in_force

Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , the Department of Health may authorize the increase in the number of beds in an existing nursing facility or may authorize the construction of a new nursing facility as defined in § 34-12-1.1 , so long as the total number of nursing facility beds statewide does not exceed the total number of beds in existence statewide on July 1, 2005.

Source: SL 2012, ch 178, § 1.
S.D. Codified Laws § 34-10-18 — SD Code / Title 34 / Chapter 10 / Section 34-10-18
Failure of bond issue on failure of district
Status: in_force

If the bond issue receives sixty percent of the votes cast and the creation of the district fails to receive sixty percent of the votes cast under § 34-10-9 , the bond issue is deemed to have failed.

Source: SL 1959, ch 135, § 9; SDC Supp 1960, § 27.19B09; SL 1984, ch 43, § 117.
S.D. Codified Laws § 34A-2-33 — SD Code / Title 34A / Chapter 2 / Section 34A-2-33
Certification of compliance with federal pollution control requirements
Status: in_force

The secretary may certify, in accordance with rules promulgated by the board pursuant to chapter 1-26 , that an applicant for a federal license or permit necessary to conduct any activity which may result in a discharge into waters of the state has satisfactorily shown that the applicant will comply with sections 301, 302, 306, and 307 of the Federal Water Pollution Control Act as amended to January 1, 2011. This section and § 34A-2-34 shall be interpreted to implement the purposes of section 401 of the Federal Water Pollution Control Act as amended to January 1, 2011.

Source: SL 1976, ch 285, § 1; SDCL Supp, § 46-25-50.1; SL 1986, ch 295, § 10; SL 1988, ch 285, § 6A; SL 1993, ch 256, § 15; SL 2011, ch 165, § 41.
S.D. Codified Laws § 34-27-15 — SD Code / Title 34 / Chapter 27 / Section 34-27-15
Duty of reinterment when cemetery removed--Punishment for omission of duty
Status: in_force

Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another the right and duty to disinter, remove, and rebury the remains of bodies there lying buried devolves upon the persons named in §§ 34-26-16 and 34-26-17 in the order in which they are named, and if they all fail to act, then upon the lawful custodians of the place of burial so removed. Every omission of such duty is punishable in the same manner as omissions are made punishable by § 34-26-18 to perform the duty of making burial.

Source: PenC 1877, § 361; CL 1887, § 6562; RPenC 1903, § 366; RC 1919, § 3880; SDC 1939, § 27.1305.
S.D. Codified Laws § 34-23A-18 — SD Code / Title 34 / Chapter 23A / Section 34-23A-18
Abortion as evidence in proceedings to terminate parental rights or to adjudicate dependency of child
Status: in_force

Whenever a person is born alive in the course of an abortion procedure, the facts and circumstances involving the birth and the abortion procedure shall be considered relevant and material evidence in any proceeding under chapters 26-7A , 26-8A , 26-8B , and 26-8C for termination of parental rights or adjudication of dependency or neglect; and the Department of Social Services may commence such proceeding as it deems applicable under that chapter.

Source: SL 1973, ch 146, § 11; SL 1977, ch 284, § 2.
S.D. Codified Laws § 34-8-17 — SD Code / Title 34 / Chapter 8 / Section 34-8-17
Filing of statement of hospital charges--Indexing and notice of lien
Status: in_force

Whenever directed by the board of county commissioners, of the county maintaining and operating a hospital under the provisions of this chapter, the auditor of said county shall cause to be filed in the office of the register of deeds of such county a verified statement containing the name of any such person, other than a county charge without means, receiving the use of such hospital and its facilities, including the name of the person obligated for the support of such person if it be other than the recipient of the services, together with the amount of the charges for the services rendered. Upon the filing of such statement the register of deeds shall index the same in a record to be provided for the purpose, and from the time of the filing thereof it shall constitute actual notice to all persons of the lien as provided in § 34-8-15 . A certified copy of such statement may be filed in the office of the register of deeds of any county in the state, and shall be filed and indexed as a part of the public aid to poor lien records of such county; and from the time of filing thereof shall constitute actual notice to all persons of a lien upon any property of said person in said county to the extent as provided in § 34-8-15 .

Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120.
S.D. Codified Laws § 34-26A-6.2 — SD Code / Title 34 / Chapter 26A / Section 34-26A-6.2
Authorization to cremate--Pre-need contract
Status: in_force

If the person who signs an authorization to cremate, in accordance with § 34-26A-6.1 , is aware of a pre-need contract that the decedent has entered into, the signer shall, to the extent possible, follow the decedent's directives.

Source: SL 2023, ch 129, § 10.
S.D. Codified Laws § 34-12C-2 — SD Code / Title 34 / Chapter 12C / Section 34-12C-2
Conditions authorizing health care decision by another--Determination by physician
Status: in_force

A health care decision by another is authorized under this chapter for an adult person who is incapable of giving informed consent to health care. A person is incapable of giving informed consent to health care if:

(1) A guardian has been appointed for him or he has otherwise been adjudged legally incompetent;

(2) A limited guardian has been appointed for him and the order of limited guardianship authorizes the limited guardian to make health care decisions on his behalf;

(3) It has been so determined by the circuit court as provided in § 34-12C-4 ; or

(4) It has been so determined in good faith by his attending physician, acting either alone or in consultation with another physician.

A determination by the attending physician that a person is incapable of giving informed consent is effective until there is a subsequent determination, either by the attending physician, or by the circuit court, that the person is either capable of giving informed consent or that the diagnosis upon which the determination of incapacity was based is no longer valid. The attending physician may decline to make a determination as to either a person's capacity or incapacity to give informed consent and a health care provider may, but need not, rely on any such determination.

Any determination by an attending physician shall be in writing, shall be signed by the attending physician and shall be made a part of the person's medical record.

Source: SL 1990, ch 222, § 2; SL 1993, ch 213, § 223.
S.D. Codified Laws § 34-46-7 — SD Code / Title 34 / Chapter 46 / Section 34-46-7
Creation of tobacco prevention and reduction program
Status: in_force

There is hereby created the tobacco prevention and reduction program in the Department of Health.

Source: SL 2000, ch 174, § 1; SL 2001, ch 189, § 1.
S.D. Codified Laws § 34-23A-24 — SD Code / Title 34 / Chapter 23A / Section 34-23A-24
Analyses of maternal mortality
Status: in_force

The Department of Health shall monitor and analyze maternal mortality. The department may promulgate rules pursuant to chapter 1-26 concerning reporting related to maternal mortality, on death certificates or by other means, as will assist it in performing such analyses.

Source: SL 1993, ch 251, § 2.
S.D. Codified Laws § 34-20B-39 — SD Code / Title 34 / Chapter 20B / Section 34-20B-39
Inventories and records of controlled substances required of registrants
Status: in_force

Each registrant manufacturing, distributing, or dispensing controlled drugs and substances in Schedules I, II, III, or IV shall maintain complete and accurate records of all stocks of such drugs and substances on hand. Records and inventories shall contain such information as shall be provided by rules and regulations promulgated by the department. All records required under this section shall be kept for a period of at least two years. This section shall not apply to practitioners who lawfully prescribe or administer, but not otherwise dispense, controlled drugs and substances listed in Schedules II, III, or IV of this chapter.

Source: SL 1970, ch 229, § 9 (j); SDCL Supp, § 39-17-82.
S.D. Codified Laws § 34A-12-10 — SD Code / Title 34A / Chapter 12 / Section 34A-12-10
Order to take corrective action--Injunctive action--Cease and desist order
Status: in_force

If a discharge in violation of § 34A-12-8 has occurred, or the department has reason to believe that a discharge in violation of § 34A-12-8 has occurred, the department shall order the responsible person to take corrective action concerning the discharge within a specified time. If the responsible person fails to comply with the department's order, the department may file an injunctive action in the circuit court of the county wherein the discharge has occurred seeking such corrective action. If the discharge occurs at any operation permitted under Title 34A or 45 and constitutes a violation of such permit, the department may order the operation to cease and desist further activity for the duration of the corrective action.

Source: SL 1988, ch 291, § 11.
S.D. Codified Laws § 34A-9-7 — SD Code / Title 34A / Chapter 9 / Section 34A-9-7
Contents of environmental impact statement
Status: in_force

An environmental impact statement shall be prepared in accordance with the procedural requirements relating to citizen participation of the National Environmental Policy Act of 1969 as amended to January 1, 2011, and implementing regulations adopted pursuant to that act, and shall include, at a minimum, a detailed statement setting forth the following:

(1) A description of the proposed action and its environmental setting;

(2) The environmental impact of the proposed action including short-term and long-term effects;

(3) Any adverse environmental effects that cannot be avoided if the proposal is implemented;

(4) Alternatives to the proposed action;

(5) Any irreversible and irretrievable commitments of resources that would be involved in the proposed action if it is implemented;

(6) Mitigation measures proposed to minimize the environmental impact; and

(7) The growth-inducing aspects of the proposed action.

Source: SL 1974, ch 245, § 2; SDCL Supp, § 11-1A-7; SL 1992, ch 254, § 76; SL 2011, ch 165, § 134.
S.D. Codified Laws § 34-25-62 — SD Code / Title 34 / Chapter 25 / Section 34-25-62
Electronic list of persons married in South Dakota
Status: in_force

Any electronic list of persons married in South Dakota may be released by the Department of Health or the local register of deeds.

Source: SL 2007, ch 196, § 1.
S.D. Codified Laws § 34-24B-1 — SD Code / Title 34 / Chapter 24B / Section 34-24B-1
Blood recipients allowed to specify donors--Screening--Liability
Status: in_force

Any person requiring a transfusion of whole blood or blood components may specify a donor or donors to provide the blood. Blood from such donors shall undergo the same screening procedures for acceptability for donation and transfusion as are medically necessary or required for blood donations of nonspecified donors. If no specified donor is able to donate blood or if it is not possible for the blood from a specified donor to be processed within the time determined by a physician to be necessary to sustain life, the physician, hospital, blood bank, or blood collection center or their officers, directors, agents, or employees are not liable solely because whole blood or blood components from nonspecified donors is subsequently transfused.

Source: SL 1987, ch 256.
S.D. Codified Laws § 34-25-32.14 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.14
Fee for certificate of birth resulting in stillbirth
Status: in_force

Each applicant for a certificate of birth resulting in stillbirth shall submit a ten dollar fee to the Department of Health for the preparation and filing of the record.

Source: SL 2007, ch 195, § 7.
S.D. Codified Laws § 34-3-13 — SD Code / Title 34 / Chapter 3 / Section 34-3-13
Appointing committee for district board of health--Number of members appointed to board
Status: in_force

When two or more counties unite to form a full - time district health department a district board of health shall be created in the following manner: an appointing committee shall be formed, consisting of a representative of each governing board of each participating county and first or second class municipality, to be elected by such governing board. Counties and municipalities which become a part of such district after its initial formation shall have a representative on the appointing committee, to be selected in the same manner. Such committee shall appoint a district board of health consisting of five members, one of whom shall be a physician practicing in the district. When the number of counties and municipalities participating in the maintenance of such health department is five or less, then a qualified elector from each such participating county and municipality shall be appointed to the board.

Source: SL 1953, ch 129, § 6; SDC Supp 1960, § 27.18A06; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34A-6-77 — SD Code / Title 34A / Chapter 6 / Section 34A-6-77
Documentation of alternatives to landfills required for reissued or renewed permit
Status: in_force

Beginning July 1, 2000, no existing solid waste disposal permit may be reissued or renewed unless the permit applicant, in conjunction with all local units of government whose residents, businesses, or institutions generate solid waste to be stored or disposed of in the facility, documents that alternative methods of solid waste management other than use of a sanitary landfill have been implemented as set forth in the plan filed pursuant to § 34A-6-74 .

Source: SL 1992, ch 254, § 40.
S.D. Codified Laws § 34A-6-1.28 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.28
Suit by secretary on behalf of state
Status: in_force

In the alternative or at any point where the secretary determines that the emergency administrative order is not achieving the necessary action and the legal process should be invoked, and upon receipt of evidence that a solid waste or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment to welfare is to the livelihood of such persons, or that a person is violating or threatening to violate any of the provisions of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, the secretary may bring suit on behalf of the state in the circuit court in which the violation is taking place to immediately restrain, or order action by, any person violating or threatening to violate §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, or causing or contributing to alleged pollution as a result of solid waste facility operations, or to take such other action as may be necessary.

Source: SL 1989, ch 306, § 28.
S.D. Codified Laws § 34A-12-14 — SD Code / Title 34A / Chapter 12 / Section 34A-12-14
Additional remedies
Status: in_force

Nothing in §§ 23A-27-25 , 34A-1-39 , 34A-2-75 , 34A-6-1.4 , 34A-6-1.31 , 34A-11-9 , 34A-11-10 , 34A-11-12 , 34A-11-14 , 34A-12-1 to 34A-12-1 5, inclusive, 38-20A-9 , 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department or any other person. Administrative remedies need not be exhausted in order to proceed under §§ 23A-27-25 , 34A-1-39 , 34A-12-1 to 34A-12-1 5, inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 . The remedies provided by §§ 23A-27-25 , 34A-1-39 , 34A-12-1 to 34A-12-1 5, inclusive, 38-20A-9 , 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 are in addition to those provided by existing statutory or common law.

Source: SL 1988, ch 291, § 15; SL 1992, ch 158, § 55A.
S.D. Codified Laws § 34-52-8 — SD Code / Title 34 / Chapter 52 / Section 34-52-8
Medical records
Status: in_force

A health care professional or the originating site treating a patient through telehealth shall:

(1) Maintain a complete record of the patient's care;

(2) Disclose the record to the patient consistent with state and federal laws; and

(3) Follow applicable state and federal statutes and regulations for medical record retention and confidentiality.

Source: SL 2019, ch 156, § 8.
S.D. Codified Laws § 34-20A-99 — SD Code / Title 34 / Chapter 20A / Section 34-20A-99
Opioid antagonist defined
Status: in_force

For the purposes of §§ 34-20A-98 to 34-20A-103 , inclusive, the term, opioid antagonist, means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal Food and Drug Administration for the treatment of drug overdose.

Source: SL 2015, ch 179, § 2.
S.D. Codified Laws § 34A-15-2 — SD Code / Title 34A / Chapter 15 / Section 34A-15-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Contaminate or pollute," "contaminating or polluting," or "contamination or pollution," contamination or pollution of air, water, real or personal property, livestock, wild animals, birds, fish, other aquatic life, or human beings from a location within the State of South Dakota, including contamination or pollution from hazardous waste, as defined in § 34A-11-2 ;

(2) "Lender-owner," any person, partnership, limited liability company, corporation, association, organization, or other legal entity which by virtue of foreclosure, whether by action, advertisement, or voluntary, nonjudicial foreclosure, or upon receipts of an assignment, bill of sale, or deed in lieu of foreclosure, becomes the owner of real or personal property;

(3) "Representative," any person, partnership, limited liability company, corporation, association, organization, or other legal entity acting in the capacity of a receiver, conservator, guardian ad litem, personal representative of a deceased person, or trustee or fiduciary of real or personal property. However, the terms trustee and fiduciary are limited to entities acting as trustee or fiduciary and which are charted by the State Division of Banking, the office of the United States comptroller of the currency, or the office of thrift supervision;

(4) "Third parties," persons, partnerships, limited liability companies, corporations, associations, organizations, or legal entities other than governmental entities seeking to enforce federal, state, or local environmental statutes, ordinances, regulations, permits, or orders; and

(5) "Third-party liability," liability to third parties for any claims arising out of or resulting from contamination or pollution, including claims for personal injury, consequential damages, lost profits, exemplary damages, or property damages.

Source: SL 1992, ch 261, § 2; SL 1994, ch 351, § 75; SL 2011, ch 165, § 160.
S.D. Codified Laws § 34-18-43 — SD Code / Title 34 / Chapter 18 / Section 34-18-43
Product containing cell-cultured protein--Sale or distribution prohibited--Enforcement--Penalty
Status: in_force

During the period beginning July 1, 2026, and ending June 30, 2031, a person may not sell, offer for sale, hold for sale, or distribute in this state any product containing cell-cultured protein.

Upon receipt of a complaint, the department must inspect any food service establishment, mobile food service establishment, or temporary food service establishment and, if a violation is found, issue a stop-sale order. Following a conviction under this section, the department must proceed in accordance with chapter 1-26 to suspend, revoke, or deny renewal of the establishment’s license, as provided under §§ 34-18-27.1 and 34-18-27.3 .

A violation of this section is a Class 2 misdemeanor.

For purposes of this section, "cell-cultured protein" means a product that is produced for use as human food, made wholly or in part from any cell culture or DNA of a host animal, and grown or cultivated outside a live animal. Cell-cultured protein does not include proteins produced through microbial fermentation, enzymatic processing, traditional food cultures, or biotechnology processes used in the manufacturing of pharmaceuticals, biologics, vaccines, dietary supplements, enzymes, or medical products, provided those products are not intended to replicate meat or animal tissue for human consumption.

Source: SL 2026, ch 145, § 1.
S.D. Codified Laws § 34-23A-1.6 — SD Code / Title 34 / Chapter 23A / Section 34-23A-1.6
Legislative findings--Standard of practice requiring informed consent
Status: in_force

The Legislature finds that, through the common law, the courts of the State of South Dakota have imposed a standard of practice in the health care profession that, except in exceptional circumstances, requires physicians and other health care practitioners to provide patients with such facts about the nature of any proposed course of treatment, the risks of the proposed course of treatment, the alternatives to the proposed course, including any risks that would be applicable to any alternatives, as a reasonable patient would consider significant to the decision of whether to undergo the proposed course of treatment.

Source: SL 2005, ch 186, § 5.
S.D. Codified Laws § 34A-1-41 — SD Code / Title 34A / Chapter 1 / Section 34A-1-41
Entry for inspection to determine compliance--Refusal of access prohibited
Status: in_force

Any duly authorized officer, employee, or representative of the department may enter and inspect that part of any property, premise, or place in which the officer, employee, or representative has reasonable grounds to believe is the source of air pollution at any reasonable time for the purpose of investigating the air pollution or of ascertaining the state of compliance with this chapter and rules promulgated pursuant to this chapter. No person may refuse entry or access to any authorized representative of the department who requests entry for the purpose of investigation, and who presents appropriate credentials; nor may any person obstruct, hamper, or interfere with any such investigation.

Source: SL 1970, ch 203, § 8; SDCL Supp, § 34-16A-46; SL 1973, ch 222, § 8; SL 2011, ch 165, § 22.
S.D. Codified Laws § 34-29B-13 — SD Code / Title 34 / Chapter 29B / Section 34-29B-13
Injunction for violation of chapter
Status: in_force

The state fire marshal may commence actions for injunction for violation of this chapter or regulations promulgated pursuant to this chapter.

Source: SL 1991, ch 283, § 14.
S.D. Codified Laws § 34-12-15.9 — SD Code / Title 34 / Chapter 12 / Section 34-12-15.9
Surrender of funds on discharge of resident--Time allowed
Status: in_force

Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home or other facility covered by §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall be surrendered to the resident or a legally empowered representative in exchange for a signed receipt. Moneys and valuables kept within the facility shall be surrendered upon demand, and those kept in an interest bearing demand trust account shall be made available within ten business days.

Source: SL 1977, ch 279, § 6; SL 1991, ch 271, § 5.
S.D. Codified Laws § 34A-6-17 — SD Code / Title 34A / Chapter 6 / Section 34A-6-17
Plans for county systems--Submission to state board
Status: in_force

The board of county commissioners in each county of the state shall plan, initiate, and provide a solid waste management system to adequately handle solid wastes generated or existing within the boundaries of the county. The plan shall be submitted to the Board of Minerals and Environment for approval on a specified date.

Source: SL 1972, ch 198, § 13; SDCL, § 34-16B-17; SL 1986, ch 295, § 24.
S.D. Codified Laws § 34-35-13 — SD Code / Title 34 / Chapter 35 / Section 34-35-13
Sheriff's investigation of violations--Prosecution by state's attorney
Status: in_force

It shall be the duty of every county sheriff, whenever complaint is made to him of the violation of any provisions of § 34-35-10 , to diligently investigate such charge or charges, to ascertain whether any of the provisions of said section have been violated and to make a full and complete report thereof to the state's attorney who shall diligently prosecute anyone violating any of the provisions of said section.

Source: SDC 1939, § 20.0208 as enacted by SL 1955, ch 66, § 7.
S.D. Codified Laws § 34A-1-37 — SD Code / Title 34A / Chapter 1 / Section 34A-1-37
Municipal and county cooperation with other agencies
Status: in_force

Any municipality or county may administer all or part of its air pollution control program in cooperation with one or more municipalities or counties of this state or of other states provided that the requirements of other statutes relating to cooperative agreements are met.

Source: SL 1970, ch 203, § 14; SDCL Supp, § 34-16A-42.
S.D. Codified Laws § 34-11-8 — SD Code / Title 34 / Chapter 11 / Section 34-11-8
Inspection
Status: in_force

The department may inspect an ambulance service for compliance with this chapter.

Source: SL 1974, ch 239, § 2; SL 2004, ch 17, § 206; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 10.
S.D. Codified Laws § 34-23A-50 — SD Code / Title 34 / Chapter 23A / Section 34-23A-50
Fees to be deposited in abortion facility licensing fund
Status: in_force

Any fees collected under §§ 34-23A-46 to 34-23A-51 , inclusive, shall be deposited in the abortion facility licensing fund and are continuously appropriated to administer and enforce §§ 34-23A-46 to 34-23A-51 , inclusive.

Source: SL 2006, ch 182, § 6.
S.D. Codified Laws § 34-20D-12 — SD Code / Title 34 / Chapter 20D / Section 34-20D-12
Law enforcement access to electronic record-keeping system
Status: in_force

The attorney general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter.

Source: SL 2014, ch 166, § 4.
S.D. Codified Laws § 34-18-9 — SD Code / Title 34 / Chapter 18 / Section 34-18-9
License required to operate lodging or food service establishment or campground--Posting in conspicuous place
Status: in_force

It is a Class 2 misdemeanor to maintain, conduct or operate a lodging establishment, campground or food service establishment in this state unless a valid license, issued by the department, is in the possession of the owner and posted in a conspicuous place in such establishment or campground.

Source: SL 1909, ch 185, § 8; SL 1913, ch 238, § 5; SL 1915, ch 215, § 5; RC 1919, § 7825; SL 1921, ch 241; SL 1929, ch 212, § 2; SL 1935, ch 173, § 2; SDC 1939, § 27.1706; SL 1941, ch 127, § 1; SL 1955, ch 94, § 2; SL 1963, ch 158, § 7; SL 1967, ch 106, § 1; SL 1970, ch 199, § 3; SL 1977, ch 190, § 40.
S.D. Codified Laws § 34-16-19 — SD Code / Title 34 / Chapter 16 / Section 34-16-19
Notice to owner of nuisance
Status: in_force

If any nuisance, source of filth, cause of sickness or condition which endangers the public health is found on any property, the county health officer shall, by written notice served personally or by mail upon the property owner, describe the nuisance or condition found to exist and any corrective action to be taken by the owner of the property. The written notice shall inform the owner of the property that he shall either take the stated corrective action or file a written request for hearing before the board of county commissioners for the county in which the property is located within thirty days from the date of service of the notice. The notice shall further state that if the owner fails to comply with the requirements of the notice, the county health officer shall proceed to have the nuisance or condition complained of abated or removed at the expense of the property owner.

Source: SL 1986, ch 279, § 1.
S.D. Codified Laws § 34-20G-96 — SD Code / Title 34 / Chapter 20G / Section 34-20G-96
Probationer or parolee use--Practitioner attestation
Status: in_force

In order for an individual who is serving a probationary sentence under the supervision of the Unified Judicial System or who is on conditional release or parole from a state correctional facility under the legal custody of the Department of Corrections to utilize medical cannabis, the individual's practitioner must attest that the use of medical cannabis is:

(1) Consistent with the medical standard of care for the treatment of the individual’s documented debilitating medical condition and any symptoms associated with the debilitating medical condition;

(2) Reasonable in light of the practitioner’s observation and the individual's physical examination, diagnostic test results, medical history, and reported symptoms; and

(3) Reasonable in light of the risks and benefits of medical cannabis as compared to the risks and benefits of other treatment options for the individual’s debilitating medical condition and any symptoms associated with the debilitating medical condition.

Source: SL 2024, ch 140, § 1.
S.D. Codified Laws § 34-31A-40 — SD Code / Title 34 / Chapter 31A / Section 34-31A-40
Annexation petition rejected if directors disapprove
Status: in_force

No area shall be annexed to an existing rural fire protection district contrary to the recommendation of the board of directors of such existing district. If the report of the board of directors, referred to in § 34-31A-39 , disapproves the proposal, the petition shall be rejected.

Source: SL 1971, ch 208, § 11 (4), (5).
S.D. Codified Laws § 34A-3-1 — SD Code / Title 34A / Chapter 3 / Section 34A-3-1
Definition of terms
Status: in_force

Terms used in this chapter, unless the context otherwise requires, mean:

(1) "Board," the Board of Certification.

(2) "Certificate," a certificate of competency issued by the Department of Agriculture and Natural Resources stating that the operator has met the requirements for the specified operator classification of the certification program.

(3) "Department," Department of Agriculture and Natural Resources.

(4) "Operator," a person who is responsible for the operation of the environment treatment plant or wastewater treatment plant or the person who is responsible for operation of the water distribution system or wastewater collection system.

(5) "Secretary," secretary of the Department of Agriculture and Natural Resources.

(6) "Wastewater collection system," that portion of a wastewater system that is to convey wastewater to a treatment plant.

(7) "Wastewater treatment plant," the facility or group of units provided for the treatment of wastewater, either or both sewage and industrial wastes, and for the reduction and handling of sludge removed from such wastes.

(8) "Water distribution system," that portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer.

(9) "Water supply system," the system of pipes, structures and facilities through which water is obtained, treated and sold, distributed or otherwise offered to the public for household use or any use by humans.

(10) "Water treatment plant," that portion of the water supply system which in some ways alters either the physical, chemical or bacteriological quality of the water.

Source: SL 1970, ch 217, § 1; SDCL Supp, § 36-22A-1; SL 1977, ch 280, §§ 34, 35; SL 1986, ch 295, § 15; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-12D-22 — SD Code / Title 34 / Chapter 12D / Section 34-12D-22
Validity of declaration--Declarations executed prior to July 1, 1991
Status: in_force

A declaration which meets the execution requirements of the jurisdiction where the declarant was then a resident, the execution requirements of the jurisdiction where executed, or the execution requirements of this chapter, is valid for purposes of this chapter, even if executed prior to July 1, 1991.

Source: SL 1991, ch 273, § 21.
S.D. Codified Laws § 34A-13-8.2 — SD Code / Title 34A / Chapter 13 / Section 34A-13-8.2
Percentage of deductible waived for certain releases
Status: in_force

The department may waive any percentage it deems appropriate of the deductible if the release is reported after April 1, 1990, and is discovered as a result of an action designed to bring existing equipment into compliance with environmental legal requirements as set forth in §§ 34A-2-99 and 34A-2-101 .

Source: SL 1992, ch 260, § 6; SL 2024, ch 146, § 4.
S.D. Codified Laws § 34-12C-4 — SD Code / Title 34 / Chapter 12C / Section 34-12C-4
Court-ordered health care--Conditions
Status: in_force

If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, appoint its own representative to make the decision, or order any other appropriate relief.

However, the circuit court may act only if it makes a further finding that:

(1) There is no person available to consent; or

(2) There are two or more persons in the same class available to consent and their decision is not unanimous; or

(3) The person seeking to make the health care decision is not authorized to do so, is not reasonably available, is not able to make an informed decision, lacks capacity, or is not acting as required by § 34-12C-3 ; or

(4) The health care provider has declined to follow the direction of a person authorized to make the health care decision; or

(5) There are other substantial reasons for the circuit court's intervention; and

(6) The relief granted is not inconsistent with the incapacitated person's express wishes, if known, and is otherwise in his best interest.

Source: SL 1990, ch 222, § 4.
S.D. Codified Laws § 34-12-40 — SD Code / Title 34 / Chapter 12 / Section 34-12-40
Continuing care agreement defined
Status: in_force

For the purposes of §§ 34-12-40 to 34-12-47 , inclusive, a continuing care agreement is an agreement to provide a person board and lodging, in addition to care in a nursing facility or assisted living center, as defined in § 34-12-1.1 , for the duration of the person's life, in consideration for an entrance fee paid to the provider.

Source: SL 1998, ch 206, § 1.
S.D. Codified Laws § 34-37-8 — SD Code / Title 34 / Chapter 37 / Section 34-37-8
Unlicensed transportation of fireworks into state for sale--Misdemeanor
Status: in_force

A person is guilty of a Class 1 misdemeanor if the person is not licensed as a wholesaler or retailer and transports any fireworks into this state for sale. A retailer may not sell any fireworks that have not been purchased from a wholesaler licensed under this chapter.

Source: SL 1964, ch 31, § 6; SL 1977, ch 190, § 104; SL 2019, ch 154, § 7, eff. Mar. 20, 2019.
S.D. Codified Laws § 34A-8-3 — SD Code / Title 34A / Chapter 8 / Section 34A-8-3
Lists of endangered and threatened species promulgated--Basis for determination
Status: in_force

On the basis of determinations pursuant to § 34A-8-2 the Game, Fish and Parks Commission shall promulgate a list of those species of wildlife which are determined to be endangered or threatened within the state. The Game, Fish and Parks Commission shall make these determinations on the basis of the best scientific, commercial, and other data available to them and after consultation, as appropriate, with federal agencies, other interested state agencies, other states having a common interest in the species and interested persons and organizations.

Source: SL 1977, ch 335, § 3.
S.D. Codified Laws § 34-44-9.1 — SD Code / Title 34 / Chapter 44 / Section 34-44-9.1
No claim against certified contractor--Insurance
Status: in_force

If asbestos abatement is a part of any project, neither the owner, employees or agents of the owner, nor any other person may have any claim, right, or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbestos abatement subcontractor. Unless exempt under applicable state and federal law, no asbestos abatement work may be performed except by a certified asbestos contractor. A certified asbestos abatement subcontractor shall hold the owner and general contractor harmless from any liability arising from such subcontractor's activities on the project. A certified asbestos abatement contractor shall cause the owner and, if acting as a subcontractor, the general contractor to be named as additional insureds and provide sufficient proof of insurance for purposes of this section.

Source: SL 1990, ch 280, § 6.
S.D. Codified Laws § 34-32A-2 — SD Code / Title 34 / Chapter 32A / Section 34-32A-2
Notice and information to governmental agency when insurer believes fire loss other than accidental
Status: in_force

If an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provide it with all relevant information from the company's inquiry into the fire loss. If an insurance company provides any authorized agency with notice of a fire loss, it shall be deemed sufficient notice for the purpose of this chapter. Nothing in this section shall abrogate or impair the rights or powers created under § 34-32A-3 .

Source: SL 1979, ch 240, § 3.
S.D. Codified Laws § 34A-17-1 — SD Code / Title 34A / Chapter 17 / Section 34A-17-1
Short title
Status: in_force

This chapter may be cited as the Uniform Environmental Covenants Act.

Source: SL 2005, ch 196, § 1.
S.D. Codified Laws § 34-25-52 — SD Code / Title 34 / Chapter 25 / Section 34-25-52
Copies of certified or informational records supplied by department or local registrars--Application--Time--Fees
Status: in_force

The department or authorized local registrars shall, upon receipt of an application, issue a certified copy of a vital record to the registrant or the registrant's spouse, children, parents, guardian, next of kin, or authorized representative. The department may authorize others to obtain certified copies in response to a demonstration that the record is needed for the determination or protection of a personal or property right. The department or authorized local registrars shall upon receipt of an application, issue informational copies to any applicant of any vital record. The department or authorized local registrar may withhold the immediate issuance of any certified copy for a period of no longer than three days. The department shall be entitled to a fee based upon administrative cost as established by the department pursuant to chapter 1-26 for each search of the files and records. The fee shall be paid in advance by the applicant and shall not be in addition to the fee hereinbefore provided for the making and certification of the record but shall be applied in payment thereof if the record is found.

Source: SL 1905, ch 63, § 30; RC 1919, § 9912; SL 1931, ch 267, §§ 17, 20; SL 1937, ch 261; SDC 1939, §§ 27.0215, 27.0220; SL 1943, ch 101; SL 1945, ch 103, § 4; SL 1953, ch 124, § 2; SL 1959, ch 29, § 2; SDCL, § 34-25-41; SL 1968, ch 115; SL 1972, ch 194, § 40; SL 1980, ch 238, § 26; SL 2005, ch 190, § 3.
S.D. Codified Laws § 34A-5-18 — SD Code / Title 34A / Chapter 5 / Section 34A-5-18
Notice of election--Separate ballots
Status: in_force

The board of trustees shall give notice pursuant to § 6-16-4 of the election provided for in § 34A-5-17 . The question shall be submitted to the voters on a separate ballot and shall enable each voter to vote for or against the proposed question.

Source: SL 1975, ch 220, § 2; SDCL Supp, § 34-17-16.2; SL 2000, ch 32, § 6.
S.D. Codified Laws § 34-18-42 — SD Code / Title 34 / Chapter 18 / Section 34-18-42
Camping liability--Warning mandated
Status: in_force

Every written contract entered into by a private campground owner or an employee or officer of a private campground owner must contain, in clearly readable print, the warning notice specified in this section. A warning sign must be posted at the entrance or registration desk of a private campground. The signs described in subdivision 34-18-41 (4) and contracts described in this section must contain the following warning:

WARNING

Under South Dakota law, a private campground owner or an employee or officer of a private campground owner is not liable for an injury to or the death of a person or any property damage resulting from the inherent risks of camping.

Source: SL 2022, ch 107, § 4.
S.D. Codified Laws § 34-12G-7 — SD Code / Title 34 / Chapter 12G / Section 34-12G-7
Agreement to be approved by secretary of health
Status: in_force

No recruitment assistance agreement entered into pursuant to the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the format of the agreements and procedures for approval.

Source: SL 2012, ch 179, § 7.
S.D. Codified Laws § 34-10-11 — SD Code / Title 34 / Chapter 10 / Section 34-10-11
Board of trustees to manage district
Status: in_force

Said public hospital district shall be governed and managed by a board of seven trustees elected by the persons within the district. The trustees must be elected from among the persons resident within said district.

Source: SL 1959, ch 135, § 10; SDC Supp 1960, § 27.19B10.
S.D. Codified Laws § 34-37-9 — SD Code / Title 34 / Chapter 37 / Section 34-37-9
Records to be kept by licensee--Inspection--Violation as misdemeanor
Status: in_force

Any person licensed under the provisions of this chapter shall comply with the provisions of § 10-45-45 . Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the purchase was made. A violation of this section is a Class 1 misdemeanor.

Source: SL 1964, ch 31, § 6; SL 1983, ch 259, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2019, ch 154, § 28, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-32A-9 — SD Code / Title 34 / Chapter 32A / Section 34-32A-9
Arson control laws unimpaired--Concurrent jurisdiction
Status: in_force

This chapter shall not be construed to affect or repeal any statute of this state or any ordinance of any municipality relating to fire prevention or control of arson, but the jurisdiction of the Department of Public Safety and of the attorney general as to fire prevention and the control of arson in a municipality shall be concurrent with that of the municipal and county authorities.

Source: SL 1979, ch 240, § 8; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-3-7 — SD Code / Title 34 / Chapter 3 / Section 34-3-7
Departmental funds deposited with treasurer of participating first or second class municipality--Disbursements
Status: in_force

When a municipality of the first class participates in the operation of a full - time county health department, the funds made available for the operation of said department may, by mutual agreement between the governing body of said municipality and the board of county commissioners, be deposited with the treasurer of said municipality, to be disbursed by him in the manner provided in § 34-3-6 .

Source: SL 1953, ch 129, § 13; SDC Supp 1960, § 27.18A13; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-12D-18 — SD Code / Title 34 / Chapter 12D / Section 34-12D-18
Patients able to make decisions regarding medical care--Effect upon rights
Status: in_force

This chapter does not affect the right of a patient to make decisions regarding the use of life - sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that a person has to effect the withdrawal or withholding of medical care.

Source: SL 1991, ch 273, § 17.
S.D. Codified Laws § 34-26A-4.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-4.1
Crematory licensure--Requirements--Fee
Status: in_force

Each crematory in this state must be licensed by the State Board of Funeral Service. To obtain licensure for a crematory, a person must:

(1) Submit an application to the board, at the time and in the manner required by the board;

(2) Identify, on the application, all certified crematory operators employed at the crematory;

(3) Provide evidence that a motorized or mechanical device is available for the processing of cremated remains; and

(4) Provide evidence that a refrigerated facility is available for the retention of decedents awaiting cremation.

Upon approval of an application, the board shall require that the applicant pay an initial licensure fee in an amount not exceeding three hundred fifty dollars.

Source: SL 2023, ch 129, § 4; SL 2025, ch 160, § 4.
S.D. Codified Laws § 34-1-16 — SD Code / Title 34 / Chapter 1 / Section 34-1-16
Rules and regulations of Department of Health--Advice to state officials
Status: in_force

The Department of Health shall have the power:

(1) To make and alter all rules and regulations as may be required in the interest of the public health; and

(2) To advise all state officials and boards in matters relating to hygiene and sanitation.

Source: SL 1913, ch 109, § 4; SL 1917, ch 353, § 2; RC 1919, § 7667 (2); SL 1919, ch 317; SDC 1939, § 27.0104 (2); SL 1949, ch 105, § 5; SDC Supp 1960, § 27.0104 (3).
S.D. Codified Laws § 34-3-1 — SD Code / Title 34 / Chapter 3 / Section 34-3-1
Establishment of county department authorized--Definition of full-time health department
Status: in_force

The board of county commissioners of any county of this state may establish within its county a full - time county health department and provide for the maintenance thereof. Full - time health departments shall be construed to be an organization under the immediate direction of a health officer and employing trained public health personnel who shall devote their entire working time to the prevention of disease and the promotion of public health.

Source: SL 1953, ch 129, § 1; SDC Supp 1960, § 27.18A01.
S.D. Codified Laws § 34-9-1 — SD Code / Title 34 / Chapter 9 / Section 34-9-1
City power to establish and maintain hospital--Leases--Agreements with county
Status: in_force

Every city may:

(1) Establish, construct, purchase, and maintain hospitals and medical clinics and regulate the same;

(2) Lease any hospital and medical facilities to persons and private or public corporations, limited liability companies, associations, or other organizations for the purpose of operation for a period, not to exceed ninety - nine years, provided that in the opinion of the governing body the needs of the municipality can best be served thereby;

(3) Receive and accept financial aid from counties for the erection and construction of public hospitals upon such conditions as may be agreed upon and to irrevocably obligate itself to repay such county for such aid out of common revenue in the event the operation and maintenance of the hospital is discontinued or abandoned for any cause by the city.

Source: SL 1887, ch 73, art IV, subdiv 61; CL 1887, § 885, subdiv 61; SL 1890, ch 37, art V, § 1, subdiv 62; RPolC 1903, § 1229, subdiv 62; SL 1913, ch 119, § 53; RC 1919, § 6170 (10); SDC 1939, § 45.0202(2); SL 1947, ch 196; SL 1951, ch 240; SL 1959, ch 265; SL 1964, ch 140; SL 1968, ch 180; SL 1978, ch 62, § 34; SL 1992, ch 60, § 2; SL 1994, ch 351, § 55.
S.D. Codified Laws § 34A-5-26 — SD Code / Title 34A / Chapter 5 / Section 34A-5-26
General powers of trustees
Status: in_force

The board of trustees shall have the following powers:

(1) To appoint a treasurer and a clerk, an engineer and attorney for such sanitary district and fix their compensation. Such officers shall hold their respective offices during the pleasure of said board, and shall give bond for the faithful performance of their duties as may be required by said board.

(2) To sue and be sued and to contract in the name of the district.

(3) To adopt a corporate seal.

(4) To construct and operate storm and sanitary sewers and sewage and solid waste disposal plants and systems.

(5) To borrow money, levy taxes and special assessments, issue bonds, and exercise the power of eminent domain in the same manner as municipalities of the first class in this state, provided, however, that the board of trustees shall not have the power of eminent domain over existing sewage, garbage, and refuse facilities.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815; SL 1964, ch 144, § 7; SDCL, § 34-17-22; SL 1970, ch 197, §§ 1, 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-25-45 — SD Code / Title 34 / Chapter 25 / Section 34-25-45
Legibility of records and certificates--Incomplete or illegible certificates not filed
Status: in_force

All records and certificates required by this chapter shall be completed electronically, typewritten, or written legibly in permanent black ink. In case any certificate is not complete or not legible, the department may not file the same, but shall require the person responsible for the record to prepare a new record that is complete and legible.

Source: SDC 1939, § 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 105; SL 1959, ch 129; SL 1972, ch 194, § 37; SL 2003, ch 186, § 10.
S.D. Codified Laws § 34-44-3 — SD Code / Title 34 / Chapter 44 / Section 34-44-3
Promulgation of rules to establish asbestos abatement training program
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 to establish an asbestos abatement training program that assures the proper and safe abatement of asbestos hazards through asbestos contractor certification and worker certification. The rules shall specifically include, but not be limited to:

(1) Criteria for asbestos contractor certification and training;

(2) Criteria for worker certification and training.

No rule adopted pursuant to this chapter may be more stringent than those promulgated by the environmental protection agency under authority of federal laws governing the control of asbestos. However, the Board of Minerals and Environment shall promulgate rules to require that workers, asbestos contractors, supervisors, designers, management planners, and inspectors dealing with demolition or renovation projects under the National Emissions Standards for Hazardous Air Pollutants be certified.

Source: SL 1988, ch 284, § 2; SL 1990, ch 280, § 2.
S.D. Codified Laws § 34-20B-26 — SD Code / Title 34 / Chapter 20B / Section 34-20B-26
Narcotic compounds specifically included in Schedule IV
Status: in_force

Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs is included in Schedule IV which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

(3) Not more than 50 milligrams of ethylmorphine per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams, or not more than 5 milligrams per dosage unit; and

(6) Not more than 1 milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit.

Source: SL 1970, ch 229, § 8 (d) (1); SDCL Supp, § 39-17-68; SL 1980, ch 240, § 3; SL 1981, ch 261, § 2; SL 1990, ch 270, § 3; SL 2015, ch 180, § 6, eff. Feb. 18, 2015.
S.D. Codified Laws § 34-12G-1 — SD Code / Title 34 / Chapter 12G / Section 34-12G-1
Program to assist rural communities recruit health care professionals
Status: in_force

The Department of Health may establish a program to assist rural communities in recruiting physicians, dentists, physician assistants, certified nurse practitioners, and certified nurse midwives.

Source: SL 2012, ch 179, § 1; SL 2017, ch 171, § 50.
S.D. Codified Laws § 34-12G-12 — SD Code / Title 34 / Chapter 12G / Section 34-12G-12
Eligible health care professionals
Status: in_force

A health care professional is eligible to participate in the recruitment assistance program, established pursuant to §§ 34-12G-10 to 34-12G-17 , inclusive, if the health care professional is licensed or certified to practice in his or her profession in South Dakota and agrees to practice full time in an eligible rural health care facility for a minimum period of three years. No more than sixty health care professionals may participate in the program each year. The Department of Health shall promulgate rules pursuant to chapter 1-26 to specify those health care professionals eligible to receive incentive payments under this recruitment assistance program.

Source: SL 2012, ch 180, § 3.