S.D. Codified Laws § 34-20G-33 — SD Code / Title 34 / Chapter 20G / Section 34-20G-33
Issuance of registry identification card to patient under age 18--Conditions
Status: in_force

(1) The qualifying patient's practitioner has explained the potential risks and benefits of the medical use of cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient; and

(2) The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:

(a) Allow the qualifying patient's medical use of cannabis;

(b) Serve as the qualifying patient's designated caregiver; and

(c) Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34-21-10 — SD Code / Title 34 / Chapter 21 / Section 34-21-10
Acceptance and administration of loans and grants
Status: in_force

The agency may accept and administer loans, grants, or gifts from the federal government and from other sources, public or private, for carrying out of any of its functions.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (3); SL 1967, ch 107, § 2.
S.D. Codified Laws § 34A-7-2 — SD Code / Title 34A / Chapter 7 / Section 34A-7-2
Receptacles in public places
Status: in_force

In order to assist the public in complying with this chapter, the owner or person in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation, or as a public way shall cause to be placed and maintained receptacles for the deposit of litter, of sufficient volume and in sufficient numbers to contain the litter which can be expected to be generated by the numbers of people customarily coming on or using the property.

A receptacle shall be maintained in a manner to prevent overflow or spillage of litter from the receptacle.

A violation of this section is a petty offense.

Source: SL 1974, ch 242, § 8; SDCL Supp, § 34-16C-5; SL 1976, ch 214, § 4; SL 1977, ch 190, § 37.
S.D. Codified Laws § 34-32A-1 — SD Code / Title 34 / Chapter 32A / Section 34-32A-1
Definition of terms
Status: in_force

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

(1) "Action," includes nonaction or the failure to take action.

(2) "Authorized agency or authorized agencies," the Department of Public Safety, the attorney general, the state's attorney in the county where the fire occurred, and, solely for the purposes of § 34-32A-3 , the federal bureau of investigation or any other federal agency and United States attorney's office when authorized or charged with investigation or prosecution of the fire in question;

(3) "Deemed important," material within the sole discretion of the authorized agency which is requested by that authorized agency; and

(4) "Relevant," information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.

Source: SL 1979, ch 240, § 1; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34A-13-33 — SD Code / Title 34A / Chapter 13 / Section 34A-13-33
Liability of covered party not limited by reimbursement
Status: in_force

The right to apply for reimbursement and the receipt of reimbursement does not limit the liability of a covered party for damages or costs incurred by any person as a result of a release.

Source: SL 1988, ch 290, § 33; SL 1992, ch 260, § 26.
S.D. Codified Laws § 34-18-17 — SD Code / Title 34 / Chapter 18 / Section 34-18-17
Temporary food service license--Fee--Food service in connection with special promotions--Duration of license
Status: in_force

Each owner of a temporary food service establishment shall secure a license before beginning the operation of the establishment after making proper application on a form provided by the department and accompanied by the proper license fee. The license fee for a temporary food service establishment shall be thirty-eight dollars. Any business which offers food at no cost or consideration not more than three times in any calendar year and no more than three consecutive days at any given time in conjunction with a grand opening, promotion, or special product showing is exempt from the licensing and license fee provisions of this chapter. Such exemption from the licensing and license fee provisions does not release the owner of the establishment from compliance with the public health requirements of this chapter and the rules promulgated pursuant to this chapter. If the secretary is satisfied that the temporary food service establishment is in compliance with this chapter and the rules promulgated pursuant to this chapter, the secretary shall issue a license for thirty days from the date of issuance.

Source: SDC 1939, § 27.1707 as enacted by SL 1941, ch 127, § 2; SL 1955, ch 94, § 3; SL 1963, ch 158, § 9; SL 1972, ch 193; SL 2009, ch 165, § 9.
S.D. Codified Laws § 34-51-11 — SD Code / Title 34 / Chapter 51 / Section 34-51-11
Payment of treatment by government agency--Insurance coverage--Services by health care facility--Not required
Status: in_force

Nothing in this chapter requires:

(1) A governmental agency to pay any costs associated with the use, care, or treatment of an eligible patient with an individualized investigative treatment;

(2) A health plan, health carrier, or third-party administrator to provide coverage for the cost of an individualized investigative treatment or other costs of services related to the treatment; or

(3) A health care facility, licensed in accordance with chapter 34-12 , to provide new or additional services, unless approved by the facility.

Source: SL 2025, ch 144, § 8.
S.D. Codified Laws § 34-25-32.2 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.2
Fetal death report filed by physician--Coroner to report unattended deaths
Status: in_force

The physician or other person in attendance at or after the delivery shall file the report of fetal death to the Department of Health within seven days of delivery.

If a fetal death occurs without medical attendance upon the mother at or after delivery, the coroner shall complete the report within twenty - four hours after taking charge of the case.

Source: SL 1972, ch 194, § 28; SL 1977, ch 285, § 2; SL 1993, ch 253, § 9.
S.D. Codified Laws § 34-25-44 — SD Code / Title 34 / Chapter 25 / Section 34-25-44
Blank forms supplied by local registrar--Examination of permit for disposition on presentation
Status: in_force

Each local registrar shall supply blank forms of certificates to such persons as require them. When a permit for disposition is presented for filing, the local registrar shall carefully examine each permit for disposition, to ascertain whether or not it has been completed in accordance with the provisions of this chapter and any rules promulgated pursuant to this chapter.

Source: SDC 1939, § 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 105; SL 1972, ch 194, § 36; SL 2003, ch 186, § 9.
S.D. Codified Laws § 34A-2-74 — SD Code / Title 34A / Chapter 2 / Section 34A-2-74
Initiation of action to recover penalties
Status: in_force

In addition to or instead of issuing an order, the secretary or board may initiate appropriate action for recovery of a penalty, pursuant to §§ 34A-2-75 to 34A-2-79 , inclusive.

Source: SL 1973, ch 280, § 11 (8); SDCL Supp, § 46-25-90.
S.D. Codified Laws § 34-20C-18 — SD Code / Title 34 / Chapter 20C / Section 34-20C-18
Cause of action--Statute of limitations tolled
Status: in_force

A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.

For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by the use of an illegal drug to the extent that the potential plaintiff cannot reasonably be expected to seek recovery under this chapter or as otherwise provided by law. For a defendant, the statute of limitations under this section is tolled until six months after any potential defendant is convicted of a criminal drug offense or as otherwise provided by law.

Source: SL 1997, ch 203, § 22.
S.D. Codified Laws § 34-26A-40 — SD Code / Title 34 / Chapter 26A / Section 34-26A-40
Cremation according to pre-need contract--Immunity
Status: in_force

A crematory that, in good faith, cremates and disposes of the cremated remains, in accordance with any directives contained in a pre - need contract authorizing the cremation, is immune from liability.

Source: SL 1988, ch 283, § 40; SL 2023, ch 129, § 32.
S.D. Codified Laws § 34A-10-2.2 — SD Code / Title 34A / Chapter 10 / Section 34A-10-2.2
Right and title in bond or security--Form and amount
Status: in_force

All right and title in any bond or other security required by the Water Management Board or the Board of Minerals and Environment under any provision of this title, Title 45, or Title 46 for the protection of the environment or reclamation of lands or other resources shall be in the state until the board by order releases the security. The bond or other security does not constitute an asset of the person required to provide it, and may not be cancelled, assigned, revoked, disbursed, replaced, or allowed to terminate without board approval. The bond or other security shall be in a form and a reasonable and proper amount approved by the board, and may include a surety bond, escrow account, letter of credit, trust, guarantee, or cash deposit. The board may permit the use of financial assurance other than a bond, including company net worth considerations. Interest earned on any bond or deposit made under § 34A-10-2.1 shall be returned annually to the person required to provide the bond.

Source: SL 1989, ch 306, § 69; SL 2011, ch 165, § 138.
S.D. Codified Laws § 34-45-9.1 — SD Code / Title 34 / Chapter 45 / Section 34-45-9.1
Retention of surcharges by prepaid wireless service seller during first three months
Status: in_force

The prepaid wireless service seller may retain all the surcharges imposed by § 34-45-4.2 during the first three months this surcharge is effective. However, the prepaid wireless service seller shall report the collections retained during this month to the Department of Revenue.

Source: SL 2012, ch 188, § 14.
S.D. Codified Laws § 34-12D-27 — SD Code / Title 34 / Chapter 12D / Section 34-12D-27
Licensing board notified of assisted suicide violation
Status: in_force

Any court shall notify the appropriate licensing board in any case in which a licensed health care professional:

(1) Is convicted of a violation of § 22-16-37 ;

(2) Has been cited for contempt of court for violating an injunction issued under § 34-12D-24 ; or

(3) Has been subject to an assessment of damages under § 34-12D-25 .

Source: SDCL § 22-16-37.5; SL 2005, ch 120, § 170.
S.D. Codified Laws § 34-25-15 — SD Code / Title 34 / Chapter 25 / Section 34-25-15
Legitimation of child--New birth certificate--Fee
Status: in_force

In cases of legitimation, the department, upon receipt of proof of the marriage of the parents after the birth of the child together with an affidavit of paternity signed by both parents of the child, shall prepare a new certificate of birth in the new name of the legitimated child.

Within ten days after the filing of an affidavit of acknowledgment of paternity, signed by both putative parents who are not married, the department shall add the name of the father to the certificate of birth if paternity is not shown on the record. Upon request of the parents, the surname of the child may be changed to that of the father or a combination of mother's and father's surnames, in which case the department shall prepare a new birth certificate. A change in paternity, which is already shown on a birth certificate, may be made only upon receipt of a court order determining paternity.

Upon receipt of a court order or affidavits determining the paternity of a child pursuant to § 34-25-13.1 , the department shall prepare a new certificate of birth. Each applicant for a new birth record shall submit a five dollar fee to the department for the preparation and filing of the record.

Source: SDC 1939, § 27.0218 as added by SL 1947, ch 121, § 2; SL 1972, ch 194, § 16; SL 1981, ch 262; SL 1982, ch 265, § 1; SL 1991, ch 279, § 1; SL 1997, ch 205, § 4; SL 1999, ch 175, § 1.
S.D. Codified Laws § 34-12-44 — SD Code / Title 34 / Chapter 12 / Section 34-12-44
Information to be provided
Status: in_force

A continuing care retirement community shall provide the following information to any resident or prospective resident: information about all owners and operators of the facility; the affiliation, if any, with other charitable, nonprofit, or religious organizations and any financial obligations of these organizations for the operation of the facility; a description of the goods and services available to the resident as part of the agreement; a listing of services available to residents for extra cost; a description of fees charged to residents; and the most recent financial statement of the provider.

Source: SL 1998, ch 206, § 5.
S.D. Codified Laws § 34-10-24 — SD Code / Title 34 / Chapter 10 / Section 34-10-24
Collection of taxes levied--Transfer of collections to district treasurer
Status: in_force

The procedures for the collection of the tax shall be in accordance with the existing laws of the State of South Dakota. The funds collected under the tax levy shall be transferred to the treasurer of the hospital district by the county treasurer or county treasurers at the same time and in the manner as provided by law for the transfer of funds to treasurers of school districts.

Source: SL 1959, ch 135, § 13; SDC Supp 1960, § 27.19B13.
S.D. Codified Laws § 34-23A-41 — SD Code / Title 34 / Chapter 23A / Section 34-23A-41
Penalty for failure to submit reporting form
Status: in_force

Any physician who fails to submit any report required by §§ 34-23A-34 to 34-23A-45 , inclusive, within a grace period of thirty days following the due date is subject to a late fee of five hundred dollars for each additional thirty - day period, or portion of a thirty - day period, that each report is overdue. Any physician who has not submitted a report, or has submitted only an incomplete report, more than one year following the due date, is also subject to a civil action brought by the department. A court of competent jurisdiction may direct the physician to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt.

Source: SL 1998, ch 209, § 8.
S.D. Codified Laws § 34-18-34 — SD Code / Title 34 / Chapter 18 / Section 34-18-34
Farmer's market fresh fruits and vegetables--Licensure exemption
Status: in_force

No person selling whole, intact fresh fruits or vegetables at a farmer's market, roadside stand, or similar venue is required to be licensed pursuant to this chapter.

Source: SL 2010, ch 172, § 1.
S.D. Codified Laws § 34-22-13 — SD Code / Title 34 / Chapter 22 / Section 34-22-13
Consultation with physicians and institutions
Status: in_force

The department has the authority to consult with physicians, hospitals, institutions, and individuals engaged in diagnosing and treating any person diagnosed with or reasonably suspected of being exposed to a communicable disease.

Source: SL 1963, ch 380, § 5 (7); SL 2015, ch 181, § 10.
S.D. Codified Laws § 34-31A-15 — SD Code / Title 34 / Chapter 31A / Section 34-31A-15
Terms of directors and officers--Compensation of rural fire protection district director
Status: in_force

All directors and officers shall be elected for two years and hold office until their successors have been elected and qualified, except that at the first election the vice - president shall be elected as provided in § 34-31A-14 for a one - year term, and one - half, or as close to one - half as possible depending upon the total number of directors, of the directors elected at the first election shall be selected by lot in the presence of a majority of such directors to serve one - year terms. A rural fire protection district director may receive compensation for his services in an amount not to exceed forty dollars per day and may receive expenses, including traveling expenses, necessarily incurred in the discharge of his duties.

Source: SL 1971, ch 208, § 4; SL 1988, ch 275, § 2.
S.D. Codified Laws § 34-3A-2 — SD Code / Title 34 / Chapter 3A / Section 34-3A-2
Fees paid into special revenue fund
Status: in_force

Fees collected for reimbursable expenditures and for services to patients in their homes by public health nurses, home health aides, physical therapists, and other specialized health personnel who are employees of counties and municipalities shall be receipted into said fund.

Source: SL 1968, ch 26.
S.D. Codified Laws § 34A-13-44.1 — SD Code / Title 34A / Chapter 13 / Section 34A-13-44.1
Third-party damages--Benefits intended in or on behalf of covered party
Status: in_force

The provisions of this chapter relating to third - party damages are not intended to confer any benefit or create any rights or entitlements in or on behalf of any person other than a covered party.

Source: SL 1991, ch 294, § 24; SL 1992, ch 260, § 31.
S.D. Codified Laws § 34-25-1 — SD Code / Title 34 / Chapter 25 / Section 34-25-1
Department of Health to have charge of registration
Status: in_force

The State Department of Health shall have charge of the registration of births, deaths, fetal deaths, burials, marriages, and divorces.

Source: SL 1931, ch 267, § 1; SDC 1939, § 27.0201; SL 1941, ch 124, § 1; SL 1945, ch 103, § 1; SL 1972, ch 194, § 1; SL 1978, ch 255, § 1; SL 1980, ch 238, § 24.
S.D. Codified Laws § 34-23A-76 — SD Code / Title 34 / Chapter 23A / Section 34-23A-76
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement
Status: in_force

The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota provide pregnant mothers written disclosures that include the statement:

"Politicians in the State of South Dakota require us to tell you that some studies have found that women who have had abortions have a higher rate of suicide or thoughts of suicide than other women. We dispute this statement because it does not mean that abortion causes suicide or thoughts of suicide. In fact, no research study has ever established that abortion causes suicide or thoughts of suicide. Planned Parenthood and other medical organizations around the world believe that whether a woman chooses to have an abortion or to have a baby, her chance of having thoughts of suicide or trying suicide will be the same."

Source: SL 2018, ch 205, § 3.
S.D. Codified Laws § 34-14-16 — SD Code / Title 34 / Chapter 14 / Section 34-14-16
Research that destroys human embryo prohibited--Violation as misdemeanor
Status: in_force

No person may knowingly conduct nontherapeutic research that destroys a human embryo. A violation of this section is a Class 1 misdemeanor.

Source: SL 2000, ch 169, § 1.
S.D. Codified Laws § 34-10-1 — SD Code / Title 34 / Chapter 10 / Section 34-10-1
Purpose of chapter--Types of institutions included
Status: in_force

The purpose of this chapter is to authorize the establishment of public hospital districts, which shall have power to own and operate and equip public hospitals, or to lease and operate public hospitals, or to maintain or aid in the maintenance and operation of a public hospital, and in either case to supply hospital facilities and services to residents of such districts, and as herein authorized, to others, and to issue bonds and levy taxes for the payment of the same. In this chapter the term "hospital" or "public hospital" shall include a nursing facility or home for the aged.

Source: SL 1959, ch 135, §§ 1, 20; SDC Supp 1960, §§ 27.19B01, 27.19B20.
S.D. Codified Laws § 34-25-24 — SD Code / Title 34 / Chapter 25 / Section 34-25-24
Permit required for disposition of dead body or fetus
Status: in_force

No body of any person whose death occurs in this state or which is found in this state or of a fetus after a gestational age of not less than twenty completed weeks may be interred, deposited in a vault or tomb, cremated, or otherwise disposed of, or removed from the state unless, prior to the disposition, a permit for disposition is obtained electronically from the department or on paper from the registrar of the registration district in which the death, or fetal death occurred or the body was found.

Source: SDC 1939, § 27.0211; SL 1972, ch 194, § 24; SL 1993, ch 253, § 7; SL 2003, ch 186, § 4; SL 2007, ch 195, § 10.
S.D. Codified Laws § 34-31-1 — SD Code / Title 34 / Chapter 31 / Section 34-31-1
County agreements with other agencies for fire protection or purchase of equipment
Status: in_force

The boards of county commissioners of the counties of this state may, in their discretion, cooperate with the governing bodies of organized townships or municipal corporations within their respective counties, with organized townships or municipal corporations in adjacent counties, the secretary of public safety or his designee, nonprofit fire protection corporations or associations, and with the boards of county commissioners, organized townships or municipal corporations within adjacent states when reciprocal agreements between the contracting parties have been provided in the purchase and operation of any fire - fighting equipment or fire protection to safeguard the range, farm and forest lands within their respective counties and in prevention of fire nuisances thereon.

Source: SL 1947, ch 46, § 1; SL 1953, ch 19; SDC Supp 1960, § 12.06 17-4 ; SL 1965, ch 26; SL 1969, ch 20; SL 1971, ch 206, § 1; SL 1980, ch 246; SL 1985, ch 15, § 43; SL 2002, ch 252 (Ex. Ord. 02-1), § 9; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 68, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-22-10 — SD Code / Title 34 / Chapter 22 / Section 34-22-10
Laboratory and radiological services provided by department
Status: in_force

The State Department of Health shall have the power and authority, and it shall be the duty of such department, to provide laboratory and radiological services necessary for the maintenance of a control and eradication program for tuberculosis and communicable diseases.

Source: SL 1963, ch 380, § 5 (8).
S.D. Codified Laws § 34-37-15 — SD Code / Title 34 / Chapter 37 / Section 34-37-15
Revocation, suspension, or nonrenewal of license
Status: in_force

For any licensee who is found guilty of a second or subsequent violation under this chapter, the department may revoke or suspend the license and refuse to renew the license upon its expiration.

Source: SL 1964, ch 31, § 12(2); SL 1983, ch 259, § 13; SL 2019, ch 154, § 19, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-27-10 — SD Code / Title 34 / Chapter 27 / Section 34-27-10
Cemetery plats received by local registrar--Posting when burial permit issued
Status: in_force

The local registrar of vital records shall receive and file as a permanent record, the plat or map, or copy thereof, of each cemetery within his district as provided in this chapter; thereafter it shall be the duty of such registrar to regularly mark and designate upon each plat or map, the exact grave space of all subsequent burials within such cemetery, by using a uniform mark for all burials, a distinguishing and separate mark for the graves of veterans, and by inserting in such grave space, the burial or removal permit number, assigned to such burial at time of filing permit.

Source: SDC 1939, § 27.0217 as added by SL 1941, ch 124, § 6; SL 1945, ch 105.
S.D. Codified Laws § 34-12-41 — SD Code / Title 34 / Chapter 12 / Section 34-12-41
Entrance fee defined
Status: in_force

For the purposes of §§ 34-12-40 to 34-12-47 , inclusive, an entrance fee is an initial or deferred transfer to a provider of a sum of money, or other property, made or promised to be made, as a full or partial consideration for acceptance of the person in the facility under a continuing care agreement, if the amount exceeds five thousand dollars or the sum of periodic charges for three months of residency, whichever is greater.

Source: SL 1998, ch 206, § 2.
S.D. Codified Laws § 34-12-56 — SD Code / Title 34 / Chapter 12 / Section 34-12-56
Nursing facility construction on American Indian reservations
Status: in_force

Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained on any American Indian reservation that is wholly or partially located west of the one hundred second meridian if the facility is needed to serve a local population previously unserved through lack of nursing facilities within a forty-five-mile radius. No more than one such nursing facility may be located within the same American Indian reservation, and the number of beds in the nursing facility may not exceed fifty. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the medicaid program.

No state funds may be used for the construction of a nursing facility built pursuant to this section.

Source: SL 2010, ch 171, §§ 1, 2.
S.D. Codified Laws § 34-34A-9.3 — SD Code / Title 34 / Chapter 34A / Section 34-34A-9.3
Construction and safety standards--Promulgation of rules
Status: in_force

The state fire marshal is responsible for the adoption, administration, and enforcement of manufactured home construction and safety standards. The state fire marshal shall promulgate, pursuant to chapter 1-26 , the standards and any rules necessary to administer and enforce the standards. The standards promulgated shall be identical to the standards promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. and set forth in 24 C. F.R. § 3280 as of January 1, 2020. The state fire marshal shall discharge this duty consistent with the rules promulgated by the United States Department of Housing and Urban Development and set forth in 24 C.F.R. § 3282 as of January 1, 2020.

Source: SL 1977, ch 286, § 4; SL 1982, ch 267, § 2; SL 1990, ch 278, § 10; SL 1991, ch 284, § 1; SL 2004, ch 17, § 214; SL 2020, ch 146, § 1.
S.D. Codified Laws § 34-12C-8 — SD Code / Title 34 / Chapter 12C / Section 34-12C-8
Scope of chapter
Status: in_force

The provisions of this chapter do not:

(1) Authorize consent to health care that is prohibited by the law of this state;

(2) Except as provided in this chapter, affect the law of this state concerning:

(a) The standard of care of a health care provider;

(b) When consent is required for health care;

(c) Notice to others of proposed health care;

(d) Other authorized methods of consent;

(e) Health care in an emergency without consent; or

(f) Informed consent for health care;

(3) Prevent a person authorized to make a health care decision from consenting to health care administered in good faith pursuant to the religious tenets of the incapacitated adult;

(4) In any manner limit the powers and discretions that may be granted to an attorney in fact under an instrument executed pursuant to § 59-7-2.1 ; or

(5) Require that a guardian of the person be appointed for a incapacitated person before a health care decision can be made;

(6) Affect the law of abortion or sterilization in this state, nor the law governing the withdrawal or withholding of health care, or of any care, treatment, service, or procedure necessary to prolong or sustain life;

(7) Affect treatment and care pertaining to mental health at the human services centers and developmental centers.

Source: SL 1990, ch 222, § 8.
S.D. Codified Laws § 34-14-26 — SD Code / Title 34 / Chapter 14 / Section 34-14-26
Definition of terms
Status: in_force

Terms used in §§ 34-14-26 to 34-14-28 , inclusive, mean:

(1) "Human cloning," human asexual reproduction accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism, at any stage of development, with a human or predominantly human genetic constitution;

(2) "Human somatic cell," a diploid cell, having a complete set of chromosomes, obtained or derived from a living or deceased human body at any stage of development;

(3) "Nuclear transplantation," transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert;

(4) "Nucleus," the cell structure that houses the chromosomes, and thus the genes;

(5) "Oocyte," the female germ cell, the egg.

Source: SL 2004, ch 227, § 1.
S.D. Codified Laws § 34-48A-43 — SD Code / Title 34 / Chapter 48A / Section 34-48A-43
Matching federal moneys--Deferring local obligation
Status: in_force

If an emergency management special revenue fund has been established, in accordance with this chapter, and the moneys in the fund are insufficient to pay the full amount of a proposed purchase under a federal matching funds project, the county or district may request an advance of federal funds to be deposited in the special revenue fund to permit the payment of the full amount of the obligation when due.

Source: SDC Supp 1960, § 41.01C10 (4) as added by SL 1964, ch 117; SL 1977, ch 271, § 33; SL 1992, ch 236, § 18; SDCL § 33-15-32 .
S.D. Codified Laws § 34A-2-30 — SD Code / Title 34A / Chapter 2 / Section 34A-2-30
Rules regarding permit procedure
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 regarding the issuance, denial, modification, or revocation of permits governed by this chapter.

Source: SL 1973, ch 280, § 4 (7); SDCL Supp, § 46-25-48; SL 1993, ch 256, § 13.
S.D. Codified Laws § 34-43-2 — SD Code / Title 34 / Chapter 43 / Section 34-43-2
Affidavit in support of warrant--Contents--Notice where prior consent refused
Status: in_force

An inspection warrant may be issued only upon cause, supported by an affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. The agency shall demonstrate that the inspection is one that it is authorized to make, that the request is specific and that the information sought is consistent with the objective of the inspection. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. If prior consent has been sought and refused, notice that a warrant has been issued shall be given at least twenty - four hours before the warrant is executed, unless the magistrate judge or circuit court judge finds that immediate execution is reasonably necessary in the circumstances shown.

Source: SL 1986, ch 290, § 2.
S.D. Codified Laws § 34-22-42 — SD Code / Title 34 / Chapter 22 / Section 34-22-42
Secretary may declare public health emergency--Contents of order
Status: in_force

The secretary of health, with the consent of the Governor, may declare a public health emergency as defined by § 34-22-41 . In declaring a public health emergency, the secretary shall issue an order that specifies:

(1) The nature of the public health emergency;

(2) The geographic area subject to the declaration;

(3) The conditions that have brought about the public health emergency; and

(4) The expected duration of the state of public health emergency, if less than thirty days.

Source: SL 2002, ch 168, § 2.
S.D. Codified Laws § 34A-2-71.1 — SD Code / Title 34A / Chapter 2 / Section 34A-2-71.1
Investigation of discharge polluting state waters--Responsible person
Status: in_force

If the department has determined that a discharge that may cause or has caused the pollution of state waters has occurred, the department shall conduct an investigation to determine the responsible person. The investigation may include a title search of the affected property and shall attempt to designate as the responsible person the person deemed to be the most responsible for the occurrence of the discharge. If the identity of the person who caused the discharge can be determined, that person shall be designated as the responsible person. If the identity of the person who caused the discharge cannot be determined, the owner of the property or operator of the tank at the time of the discharge shall be designated as the responsible person. If the person deemed responsible for the discharge contests the department's decision, a title search of the affected property shall be done.

Source: SL 1989, ch 309, § 2; SL 1990, ch 290, § 2.
S.D. Codified Laws § 34A-16-40 — SD Code / Title 34A / Chapter 16 / Section 34A-16-40
Procedure for adopting or amending designation ordinance--Hearing--Notice
Status: in_force

A district with an approved designation plan shall proceed as provided in this section when adopting or amending a designation ordinance. The district shall hold a public hearing. Notice of the hearing shall:

(1) Be published in each official newspaper of the counties and municipalities included in the district once a week for two successive weeks, the first publication being at least ten days before the date of the hearing;

(2) Be mailed to counties, municipalities, processing and disposal facility operators, and licensed solid waste collectors who may be expected to use the facility;

(3) Describe the area in which the designation will apply and the plans for the use of the solid waste;

(4) Specify the point of delivery of the solid waste;

(5) Estimate the types and quantities of solid waste subject to the designation; and

(6) Estimate the fee to be charged for the use of the facilities and for any products of the facilities.

A designation ordinance is not invalid by reason of the failure of the district to provide written notice to an entity listed in this section. Following the public hearing, the designation ordinance may be adopted with or without amendment. However, no property may be included in the area in which the designation applies which has not been described in the notice required in this section.

Source: SL 1993, ch 259, § 42.
S.D. Codified Laws § 34-20G-45 — SD Code / Title 34 / Chapter 20G / Section 34-20G-45
Secure phone or web-based verification system
Status: in_force

(1) Whether the identification card is valid;

(2) The name of the cardholder;

(3) Whether the cardholder is a qualifying patient or a designated caregiver;

(4) Whether the cardholder is permitted to cultivate cannabis plants;

(5) The registry identification number of any affiliated registered qualifying patient; and

(6) The registry identification of the qualifying patient's dispensary or dispensaries, if any.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34-24-31 — SD Code / Title 34 / Chapter 24 / Section 34-24-31
Civil and criminal immunity
Status: in_force

Any person who in good faith complies with the reporting requirements of § 34-24-27 is immune from civil and criminal liability for such action taken in compliance with the provisions of § 34-24-27 . Compliance by a person or facility with the reporting requirements of § 34-24-27 fulfills any duty of the person or facility to protect the public health.

Source: SL 2001, ch 185, § 5.
S.D. Codified Laws § 34A-7-13 — SD Code / Title 34A / Chapter 7 / Section 34A-7-13
Application of chapter throughout state--Home rule ordinances permitted
Status: in_force

This chapter applies throughout the state, both within and without home rule units. Nothing in this chapter prohibits the enactment of litter control ordinances by home rule units but the requirements of such ordinances must be at least as stringent as those imposed by this chapter.

Source: SL 1974, ch 242, § 11; SDCL Supp, § 34-16C-16.
S.D. Codified Laws § 34A-2-100 — SD Code / Title 34A / Chapter 2 / Section 34A-2-100
Above ground stationary storage tank defined
Status: in_force

The term, above ground stationary storage tank, as used in this section and §§ 34A-2-101 and 34A-2-102 means any stationary tank or combination of stationary tanks above ground, including connected pipes, which stores an accumulation of regulated substances as defined in § 34A-2-98 .

This term does not include:

(1) Any farm or residential tank used for storing motor fuels for noncommercial purposes;

(2) Any tank used for storing heating oil or motor fuels for consumptive use on the premises where stored;

(3) Any septic tank;

(4) Any pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq. (January 1, 2024);

(5) Any surface impoundment, pit, pond, or lagoon;

(6) Any storm water or wastewater collection system;

(7) Any flow-through process tank;

(8) Any liquid trap or associated gathering lines directly related to oil and gas production and gathering operations;

(9) Any storage tank situated in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor;

(10) Any pipes connected to any tank which is exempted in this subdivision; and

(11) Any tanks used for storing pesticides regulated under chapter 38-21 , except those regulated pursuant to Subtitle I of the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. § 6901 et seq. (January 1, 2024).

Source: SL 1987, ch 258, § 1; SL 2011, ch 165, § 62; SL 2024, ch 145, § 4.
S.D. Codified Laws § 34-20B-62 — SD Code / Title 34 / Chapter 20B / Section 34-20B-62
Attorney general to enforce chapter
Status: in_force

The Office of the Attorney General shall retain authority for all prosecutions and other actions at law in the enforcement of this chapter.

Source: SL 1974, ch 261, § 8; SDCL Supp, § 39-17-122.1.
S.D. Codified Laws § 34-20B-63 — SD Code / Title 34 / Chapter 20B / Section 34-20B-63
Special powers of agents of Division of Criminal Investigation
Status: in_force

Any officer or employee of the Division of Criminal Investigation designated by the attorney general may:

(1) Carry firearms;

(2) Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state;

(3) Make arrests without warrant for any offense under this chapter committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a felony;

(4) Make seizures of property pursuant to the provisions of this chapter; and

(5) Perform such other law enforcement duties as the chief agent may designate.

Source: SL 1970, ch 229, § 11 (b); SDCL Supp, § 39-17-123.
S.D. Codified Laws § 34A-7-16 — SD Code / Title 34A / Chapter 7 / Section 34A-7-16
Enforcement and prosecution
Status: in_force

This chapter shall be enforced by all law enforcement officers including conservation officers in their respective jurisdictions, whether employed by the state or by any unit of local government. Prosecutions for violation of this chapter shall be conducted by the state's attorneys of the several counties and by the attorney general of this state.

Source: SL 1974, ch 242, § 10; SDCL Supp, § 34-16C-17.
S.D. Codified Laws § 34A-11-23 — SD Code / Title 34A / Chapter 11 / Section 34A-11-23
Other rights to abate nuisances and pollution unaffected
Status: in_force

Nothing in this chapter abridges or alters any rights of action or remedies in equity or under the common law or statutory law, criminal or civil. Nothing in this chapter may be construed as estopping any person in the exercise of the person's rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.

Source: SL 1983, ch 262, § 23; SL 2011, ch 165, § 150.
S.D. Codified Laws § 34-26-79 — SD Code / Title 34 / Chapter 26 / Section 34-26-79
Funeral service agreement-- Disposition authorization—Reliance upon content
Status: in_force

Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition is deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party’s authority to order the disposition. A funeral home shall have the right to rely on the funeral service contract or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral home reasonably believes holds the right of disposition. The funeral home shall have no responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent. If there is more than one person in a class who is equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements; provided that no other person in such class objects in writing to the funeral home.

Source: SL 2022, ch 113, § 6.
S.D. Codified Laws § 34-21-21 — SD Code / Title 34 / Chapter 21 / Section 34-21-21
Recognition of other state or federal licenses--Previously issued federal license
Status: in_force

The agency may provide for recognition of other state or federal licenses as the agency may deem desirable. Any person who, on the effective date of an agreement under § 34-21-3 , possesses a radiation license issued by the federal government shall be deemed to possess the same pursuant to a license issued under this chapter, which shall expire either ninety days after receipt from the agency of a notice of expiration or on the date of expiration specified in the federal license, whichever is earlier.

Source: SDC Supp 1960, § 27.17A04 (13) as added by SL 1967, ch 107, § 2; SDC Supp 1960, § 27.17A09 as added by SL 1967, ch 107, § 4.
S.D. Codified Laws § 34-27-20 — SD Code / Title 34 / Chapter 27 / Section 34-27-20
Receiving dead body unlawfully removed as misdemeanor
Status: in_force

Every person who purchases or receives, except for the purpose of burial, any dead body of a human being, knowing that the same has been removed contrary to § 34-27-19 , is guilty of a Class 1 misdemeanor.

Source: PenC 1877, § 359; CL 1887, § 6560; RPenC 1903, § 364; RC 1919, § 3878; SDC 1939, § 13.1419; SL 1977, ch 190, § 75.
S.D. Codified Laws § 34-20G-87 — SD Code / Title 34 / Chapter 20G / Section 34-20G-87
Data maintained by department--Limited use--Exception
Status: in_force

Except as provided in § 34-20E-2 , data kept or maintained by the department may not be used for any purpose not provided for in this chapter and may not be combined or linked in any manner with any other list or database.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 9.
S.D. Codified Laws § 34-23A-45 — SD Code / Title 34 / Chapter 23A / Section 34-23A-45
"Induced abortion" defined
Status: in_force

For purposes of §§ 34-23A-34 to 34-23A-45 , inclusive, only, the term, induced abortion, means the intentional termination of the life of a human being in the uterus.

Source: SL 1998, ch 209, § 12; SL 2021, ch 148, § 2.
S.D. Codified Laws § 34-45-34 — SD Code / Title 34 / Chapter 45 / Section 34-45-34
Enhanced 911 service
Status: in_force

No later than July 1, 2010, each governing body and 911 system shall provide enhanced 911 service.

Source: SL 2008, ch 176, § 20.
S.D. Codified Laws § 34-20B-28 — SD Code / Title 34 / Chapter 20B / Section 34-20B-28
Substances not subject to control as precursors of precursors
Status: in_force

If the department designates a substance as an "immediate precursor," substances which are precursors of such designated immediate precursors shall not be subject to control solely because they are precursors of the controlled precursor.

Source: SL 1970, ch 229, § 7 (c); SDCL Supp, § 39-17-71.
S.D. Codified Laws § 34A-2-13 — SD Code / Title 34A / Chapter 2 / Section 34A-2-13
Effluent standards--Minimum requirements--Violation
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 to formulate effluent standards, which include as a minimum all categories for which the federal government has set standards pursuant to the Federal Water Pollution Control Act, as amended to January 1, 2011. The state standards shall be at least as stringent as the standards adopted by the federal government. Any person who violates these standards is subject to § 34A-2-75 .

Source: SL 1973, ch 280, § 4 (4); SDCL Supp, § 46-25-34; SL 1992, ch 158, § 17; SL 1993, ch 256, § 11; SL 2011, ch 165, § 37.
S.D. Codified Laws § 34-20B-2 — SD Code / Title 34 / Chapter 20B / Section 34-20B-2
Drug defined
Status: in_force

For the purposes of this chapter, unless the context otherwise requires, "drug" means:

(1) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them, unless the department shall determine that any such article is inconsistent with the provisions of this chapter or are not appropriate to conditions which exist in this state, and by regulation specifically excludes any such article;

(2) Articles intended for use, or used, in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals;

(3) Articles (other than food) intended to affect, or affecting, the structure or any function of the body of man or other animals; and

(4) Articles intended for use, or used, as a component of any articles specified in clauses (1), (2), or (3) of this section, but does not include mechanical devices or their components, parts, or accessories.

Source: SL 1970, ch 229, § 6 (j); SDCL Supp, § 39-17-45.
S.D. Codified Laws § 34-20A-89 — SD Code / Title 34 / Chapter 20A / Section 34-20A-89
Payment for treatment under involuntary commitment
Status: in_force

If an approved treatment facility provides treatment to a person who was involuntarily committed, the approved treatment facility may assess the payment for treatment to the person, to legally responsible relatives, to a conservator, or to the county of residence if indigent, or may bill the department through contract with the approved treatment facility.

If an accredited treatment facility provides treatment to a person who was involuntarily committed, the accredited treatment facility shall assess payment to the individual, legally responsible relatives, or a conservator.

The payment for treatment of a person involuntarily committed to the Human Services Center is subject to the requirements of chapter 27A-13 .

Source: SL 1974, ch 240, § 15; SL 1985, ch 277, § 36; SL 1993, ch 213, § 227; SL 2023, ch 94, § 14.
S.D. Codified Laws § 34A-5-12 — SD Code / Title 34A / Chapter 5 / Section 34A-5-12
Canvass and return of election results--Order of county commissioners declaring incorporation
Status: in_force

If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the sanitary district has been incorporated by the name adopted. The order shall be conclusive of the fact of incorporation in all suits by or against the sanitary district.

Source: SL 1947, ch 226, § 11; SDC Supp 1960, § 45.3811; SDCL, § 34-17-12; SL 1998, ch 36, § 47.
S.D. Codified Laws § 34-44-16 — SD Code / Title 34 / Chapter 44 / Section 34-44-16
Procedure for submitting certificate and renewal application
Status: in_force

A worker or the facility owner or operator shall submit an application for an asbestos abatement certificate and renewal of a certificate according to procedures established by rule by the board.

Source: SL 1988, ch 284, § 14.
S.D. Codified Laws § 34-31A-23 — SD Code / Title 34 / Chapter 31A / Section 34-31A-23
Tax levy not to exceed estimates of expenses
Status: in_force

In no case shall the amount of tax levy exceed the amount of funds required to defray the expenses of the district for a period of one year as embraced in the annual estimate of expenses including the amount of principal and interest upon the indebtedness of the district for the ensuing year.

Source: SL 1971, ch 208, § 7.
S.D. Codified Laws § 34-34A-11 — SD Code / Title 34 / Chapter 34A / Section 34-34A-11
Interference with departmental representative as misdemeanor
Status: in_force

No person may interfere with, obstruct, or hinder an authorized representative of the department in the performance of its duties under this chapter. Any person who violates this section is guilty of a Class 1 misdemeanor.

Source: SL 1973, ch 216, §§ 14, 16; SDCL Supp, § 34-34A-18 ; SL 1977, ch 190, § 90.
S.D. Codified Laws § 34-32A-6 — SD Code / Title 34 / Chapter 32A / Section 34-32A-6
Notice to policy holder of request for information
Status: in_force

Notwithstanding the provisions of §§ 34-32A-2 to 34-32A-5 , inclusive, the authorized agency shall notify, in writing, the policy holder of the request for information.

Source: SL 1979, ch 240, § 10.
S.D. Codified Laws § 34A-12-11 — SD Code / Title 34A / Chapter 12 / Section 34A-12-11
Injunctive action for emergency remedial efforts
Status: in_force

The department may file an action in circuit court for preliminary and permanent injunctive relief whenever the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge.

Source: SL 1988, ch 291, § 12.
S.D. Codified Laws § 34-3B-4 — SD Code / Title 34 / Chapter 3B / Section 34-3B-4
Programs of nonprofit organizations to be approved--Records and audits
Status: in_force

Payments to nonprofit organizations engaged in programs described in § 34-3B-1 shall be based on programs previously approved by the governing boards. Complete records on all their activities and a certified audit of these records shall be submitted to the governing boards upon demand and at the close of each fiscal period.

Source: SL 1973, ch 262.
S.D. Codified Laws § 34-24-23 — SD Code / Title 34 / Chapter 24 / Section 34-24-23
Results of tests for metabolic, inherited, or genetic disorders reported to department
Status: in_force

Results of the tests for a metabolic, inherited, and genetic disorder in infants, as prescribed by the Department of Health, shall be sent to the department on forms to be prescribed and furnished by the department to all physicians and hospitals.

Source: SL 1973, ch 233, § 9; SL 2015, ch 185, § 4.
S.D. Codified Laws § 34-27-25 — SD Code / Title 34 / Chapter 27 / Section 34-27-25
Reporting discovery of human skeletal remains--Failure to report as misdemeanor
Status: in_force

Any person who encounters or discovers human skeletal remains or what he believes may be human skeletal remains in or on the ground shall immediately cease any activity which may disturb those remains and shall report the presence and location of such human skeletal remains to an appropriate law enforcement officer. Willful failure to report the presence or discovery of human skeletal remains or what may be human skeletal remains within forty - eight hours to an appropriate law enforcement officer in the county in which the remains are found is a Class 2 misdemeanor.

Source: SL 1990, ch 6, § 5.
S.D. Codified Laws § 34-20B-40 — SD Code / Title 34 / Chapter 20B / Section 34-20B-40
Inspection of registrant's premises authorized
Status: in_force

The department is authorized to inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated under § 34-20B-41 .

Source: SL 1970, ch 229, § 9 (e); SDCL Supp, § 39-17-86.
S.D. Codified Laws § 34A-3A-27 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-27
Administrative order assessing penalty--Contents of order--Uncontested order becomes judgment--Hearing on order
Status: in_force

A monetary penalty issued under § 34A-3A-26 shall be assessed against a violator by an administrative order of the secretary. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to be violated. The order shall contain a statement that the violator may request a contested case hearing on the violation and penalty pursuant to chapter 1-26 , by filing a written request with the secretary no later than twenty days after the receipt of the order. The order shall state that a request for contested case hearing must state the specific part or parts of the order being contested along with relevant facts and supporting legal authorities. The secretary shall serve the order and assessment by certified mail. If not contested within twenty days of receipt, an administrative order assessing a monetary penalty under this section shall constitute a judgment and may be executed by delivery of a true and correct copy certified by the secretary in the manner provided for the execution of money judgments in chapter 15-18 .

If a hearing is requested, the matter shall be scheduled for a hearing before the secretary or a designee within thirty days from the receipt of the request. The department shall provide notice of the hearing consistent with the provisions of § 1-26-17 . Hearings shall be conducted pursuant to chapter 1-26 . A final determination by the secretary may be appealed to the circuit and Supreme Court as provided in chapter 1-26 . After a final determination, when the time to take an appeal has lapsed, the administrative order assessing a monetary penalty under this section shall constitute a judgment and may be executed by delivery of a true and correct copy certified by the secretary in the manner provided for the execution of judgments in chapter 15-18 .

Source: SL 1999, ch 181, § 3.
S.D. Codified Laws § 34A-6-70 — SD Code / Title 34A / Chapter 6 / Section 34A-6-70
Solid waste evaluation
Status: in_force

Each county and first class municipality shall prepare or have prepared, on or before January 1, 1993, a solid waste evaluation coordinated with the state solid waste management plan. The evaluation shall cover a fifteen-year time period, shall serve as the basis for county and municipal decisions on the need for facilities, and shall be provided to the board for its consideration in determining whether to issue facility permits under § 34A-6-1.13 . The evaluation shall include an analysis of the current and projected volume of solid waste, disposal capacity including all existing and planned facilities, the potential for source reduction, reuse, recycling, resource recovery, and shared and regional recycling and waste management facilities. The evaluation shall include a full accounting of the true and total cost, including the long-term costs, of all options analyzed in the evaluation. Counties and municipalities subject to this section shall consider in their solid waste evaluation, 40 CFR parts 257 and 258 of the environmental protection agency solid waste disposal criteria commonly known as "RCRA subtitle D regulations," as finally adopted and published in the Federal Register on October 9, 1991, and as amended to January 1, 2011; the statewide comprehensive solid waste management plan; and all rules promulgated by the board.

Source: SL 1992, ch 254, § 33; SL 2011, ch 165, § 124; SL 2021, ch 163, § 3.
S.D. Codified Laws § 34-20A-69 — SD Code / Title 34 / Chapter 20A / Section 34-20A-69
Emergency detainment--Maximum period--Limited extension if involuntary commitment petition filed
Status: in_force

No person detained under § 34-20A-63 may be detained in any treatment facility for more than five days, excluding Saturdays, Sundays, and legal holidays, except as follows. If a petition for involuntary commitment under § 34-20A-70 has been filed within the five days, excluding Saturdays, Sundays, and legal holidays, the administrator or authorized designee may detain the person until the petition has been heard and determined, but no longer than ten days, excluding Saturdays, Sundays, and legal holidays, after the date the petition was filed.

Source: SL 1974, ch 240, § 11 (e); SL 1985, ch 277, § 20; SL 2022, ch 108, § 13; SL 2023, ch 117, § 5.
S.D. Codified Laws § 34A-5-53 — SD Code / Title 34A / Chapter 5 / Section 34A-5-53
Dissolution of district on voters' petition
Status: in_force

A majority of the qualified voters of an incorporated sanitary district may petition a court of competent jurisdiction for the dissolution of the sanitary district. Dissolution proceedings shall, when not in conflict with this chapter, conform to the provisions for dissolution of municipalities pursuant to chapter 9-6 .

Source: SL 1973, ch 223, § 1; SDCL Supp, § 34-17-47.
S.D. Codified Laws § 34-5-3 — SD Code / Title 34 / Chapter 5 / Section 34-5-3
Purposes for which reserve fund used
Status: in_force

The county snow removal and special emergency reserve fund after the creation thereof shall be used for the following purposes only:

(1) Snow removal operations on county roads;

(2) Repair of damages to county roads and bridges directly resulting from or caused only by melting snow;

(3) Purchase of equipment for such snow removal and repairs therefor;

(4) Purchase of snow fencing to prevent accumulation of snow;

(5) To mow and remove grass and weeds along the highway to prevent the accumulation of snow;

(6) To meet emergency requirements for the public health and safety in the time of disaster and emergency when such requirements may not be made by general or other special appropriations;

(7) To repay emergency aid grants from the state emergency fund under such conditions as may be provided by law.

Source: SL 1953, ch 32, § 2; SL 1957, ch 30; SDC Supp 1960, § 12.0617-8; SL 1964, ch 23; SL 1967, ch 15, § 2.
S.D. Codified Laws § 34-12G-2 — SD Code / Title 34 / Chapter 12G / Section 34-12G-2
Eligible rural communities
Status: in_force

A rural community eligible to participate in the recruitment assistance program is any community in this state which:

(1) Has a population of ten thousand persons or less;

(2) Agrees to provide its portion of the incentive payment pursuant to the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive; and

(3) Is determined to be eligible by the Department of Health.

Before making a determination of eligibility, the Department of Health shall conduct a community assessment designed to evaluate the community's need for eligible providers and its ability to sustain and support the additional providers. The department shall maintain a list of communities which have been assessed and which are eligible for participation in the recruitment assistance program established by §§ 34-12G-1 to 34-12G-9 , inclusive. The department may revise any community assessment or conduct a new assessment as necessary to reflect any change in conditions within a community.

Source: SL 2012, ch 179, § 2.
S.D. Codified Laws § 34-12-34 — SD Code / Title 34 / Chapter 12 / Section 34-12-34
Failure to register--Notice--Closure
Status: in_force

If a health care facility has not secured a license pursuant to this chapter, the State Department of Health shall notify the owner or operator of such facility. If the owner or operator refuses or fails to comply with the provisions of § 34-12-5 within fourteen calendar days after notification, the department shall, subject to the requirements of chapter 1-26 , issue a closure order to the owner or operator of the facility until such time as the owner or operator complies with the licensure requirements. If the facility continues to operate after a closure order is issued, the department may refer the matter to the state's attorney for appropriate action or the attorney general's office for injunctive relief.

Source: SL 1991, ch 272, § 5.
S.D. Codified Laws § 34-35-12 — SD Code / Title 34 / Chapter 35 / Section 34-35-12
Civil liability for fire
Status: in_force

A person who sets a fire as provided in § 34-35-10 is liable for civil damages for all injury and fire suppression and extinguishment costs caused by the fire. For the purposes of this section, person includes but is not limited to public utilities, railroads, and private utilities.

Source: PenC 1877, ch 40, § 3; CL 1887, § 2394; RPolC 1903, § 3154; RC 1919, § 10357; SDC 1939, § 20.0203; SL 1955, ch 66, § 3; SL 1980, ch 247, § 2; SL 1986, ch 288, § 2; SL 1992, ch 251, § 1.
S.D. Codified Laws § 34-24-28 — SD Code / Title 34 / Chapter 24 / Section 34-24-28
Confidentiality of reports
Status: in_force

Any report required to be submitted pursuant to § 34-24-27 is strictly confidential. The reports may not be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings or otherwise and are not admissible as evidence in any action of any kind in a court or before any tribunal, board, agency or person. However, release of medical or epidemiological information may be authorized by the Department of Health under any of the following circumstances:

(1) For statistical purposes in such a manner that no person can be identified;

(2) With the written consent of the person identified in the information released;

(3) To the extent necessary to enforce the provisions of §§ 34-24-28 to 34-24-31 , inclusive, and rules promulgated thereunder concerning the prevention and treatment of fetal alcohol syndrome; or

(4) To the extent necessary to protect the health or life of a named person.

Source: SL 2001, ch 185, § 2.
S.D. Codified Laws § 34-28-10 — SD Code / Title 34 / Chapter 28 / Section 34-28-10
Local ordinances supplemental--Conflicts
Status: in_force

Sections 34-28-5 to 34-28-9 , inclusive, shall not be construed as repealing any local ordinance but shall be held and construed as ancillary and supplemental thereto, provided, however, that in the case of any conflict, the provisions of §§ 34-28-5 to 34-28-9 , inclusive, shall supersede applicable provisions of local ordinances.

Source: SL 1973, ch 232, § 6.
S.D. Codified Laws § 34-25-32.6 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.6
Disposition of fetal remains--Method
Status: in_force

No religious service or ceremony is required as part of the disposition of the remains of a human embryo or fetus. The hospital, clinic, or medical facility shall discuss or disclose the method of disposition with the woman who had the miscarriage.

Source: SL 1998, ch 208, § 4.
S.D. Codified Laws § 34-34A-10.3 — SD Code / Title 34 / Chapter 34A / Section 34-34A-10.3
Monitoring inspection fee
Status: in_force

The State Fire Marshal shall establish a monitoring inspection fee in an amount determined by the secretary of the United States Department of Housing and Urban Development. The monitoring inspection fee is an amount paid by the manufacturer for each manufactured home produced in South Dakota to the secretary of the United States Department of Housing and Urban Development. The United States secretary distributes the fees collected from all manufactured home manufacturers among the approved and conditionally approved states, based on the number of new manufactured homes whose first location, after leaving the manufacturing plant, is on the premises of a distributor, dealer, or purchaser in that state.

Source: SL 1982, ch 267, § 9; SL 2004, ch 17, § 218.
S.D. Codified Laws § 34-12-64 — SD Code / Title 34 / Chapter 12 / Section 34-12-64
Certain medical foster homes for veterans exempt from chapter
Status: in_force

The provisions of this chapter do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans. The South Dakota Department of Veterans Affairs shall provide an annual report to the Governor and Legislature by December first of each year outlining the scope and effectiveness of the medical foster home program in South Dakota.

Source: SL 2011, ch 156, § 1.
S.D. Codified Laws § 34A-12-13 — SD Code / Title 34A / Chapter 12 / Section 34A-12-13
Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority
Status: in_force

All corrective action costs expended pursuant to §§ 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, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 shall constitute a lien on all property owned by the responsible person when a notice of lien is filed with the register of deeds in the county in which such 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 upon which corrective action or emergency remedial efforts were made, and a statement of the corrective action costs expended from the response 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 prior to the department's filing of the notice of lien.

Source: SL 1988, ch 291, § 14; SL 1992, ch 158, § 55A.
S.D. Codified Laws § 34-3-19 — SD Code / Title 34 / Chapter 3 / Section 34-3-19
Part-time health officer for full-time department
Status: in_force

In the event that the county or district board of health is unable to fill the position of health officer with a full - time physician as provided for in this chapter, it may appoint for a temporary period a part - time health officer. Such part - time health officer shall render such service as may be directed by the board but he may, in addition, maintain a private practice.

Source: SL 1953, ch 129, § 11; SDC Supp 1960, § 27.18A11.
S.D. Codified Laws § 34-20B-28.2 — SD Code / Title 34 / Chapter 20B / Section 34-20B-28.2
Code imprint required
Status: in_force

No legend drug in solid dosage form may be manufactured or distributed in this state unless it is clearly marked or imprinted with a code imprint identifying the drug and the manufacturer or distributor of the drug.

Source: SL 1980, ch 241, § 2.
S.D. Codified Laws § 34-27-5 — SD Code / Title 34 / Chapter 27 / Section 34-27-5
Racial discrimination in cemetery as petty offense--Restrictive covenants void--Immunity from liability for damages
Status: in_force

It is a petty offense for any organization subject to the provisions of chapter 55-12 to deny the privilege of interment of the remains of any deceased person in any cemetery described in § 55-12-1 solely because of the race or color of such deceased person. Any contract, agreement, deed, covenant, restriction, or charter provision at any time entered into, or bylaw, rule, or regulation adopted or put in force, either subsequent or prior to the effective date of this chapter, authorizing, permitting, or requiring any organization subject to the provisions of chapter 55-12 to deny such privilege of interment because of race or color of such deceased person is hereby declared to be null and void and in conflict with the public policy of this state. No organization subject to the provisions of chapter 55-12 or any director, officer, agent, employee, or trustee thereof or therefor, shall be liable for damages or other relief, or be subjected to any action in any court otherwise having jurisdiction in the premises by reason of refusing to commit any act prohibited by this section.

Source: SL 1955, ch 97, §§ 8, 9; SDC Supp 1960, §§ 11.19A08, 11.9902; SL 1977, ch 190, § 71.
S.D. Codified Laws § 34-29A-2 — SD Code / Title 34 / Chapter 29A / Section 34-29A-2
Inspectors within department
Status: in_force

There shall be within the Department of Public Safety a chief boiler inspector (referred to hereinafter as the "chief inspector") who shall be selected as provided in § 34-29A-3 and such deputy inspectors as may be required, selected as provided in § 34-29A-4 . The chief inspector and the deputy inspectors may be employees of the department or independent contractors hired by the department.

Source: SL 1973, ch 229, § 2; SL 1974, ch 3, § 11; SL 1990, ch 275, § 1; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-10-30 — SD Code / Title 34 / Chapter 10 / Section 34-10-30
Dissolution of district--Provision for indebtedness
Status: in_force

At any time after five years from the date any public hospital district is created, such district may be dissolved following the same procedures for the establishment of the district, set forth in this chapter. However, such district shall not be dissolved if it is indebted in any amount beyond funds immediately available to extinguish all of the debts and obligations of such district.

Source: SL 1959, ch 135, § 18; SDC Supp 1960, § 27.19B18.
S.D. Codified Laws § 34-48-1 — SD Code / Title 34 / Chapter 48 / Section 34-48-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Assistance," the provision of personnel, equipment, expertise, supplies, or other products or services excluding financial assistance from the state;

(2) "Covered entity," any other private or nonprofit entity that provides emergency functions as included in subdivision 34-48A-1(4);

(3) "Deploying public agency," the public agency receiving a request for assistance or providing assistance;

(4) "Public agency," the state and any agency thereof; the United States and any agency thereof; any county, municipality, township, or other political subdivision of the state; any state tribal government.

Source: SL 2006, ch 189, § 1.
S.D. Codified Laws § 34-48-9 — SD Code / Title 34 / Chapter 48 / Section 34-48-9
Civil liability for assistance--Immunity
Status: in_force

No person or public agency or covered entity may be held civilly liable for actions in requesting or providing assistance under this chapter except for acts of willful misconduct or gross negligence. Nothing in this chapter constitutes a waiver or abrogation of sovereign immunity or any statutory immunity.

Source: SL 2006, ch 189, § 9.
S.D. Codified Laws § 34-42-5 — SD Code / Title 34 / Chapter 42 / Section 34-42-5
Violations as misdemeanor
Status: in_force

A violation of § 34-42-2 or 34-42-3 is a Class 2 misdemeanor.

Source: SL 1983, ch 257, § 5.
S.D. Codified Laws § 34-21-44 — SD Code / Title 34 / Chapter 21 / Section 34-21-44
Violation as misdemeanor--Injunction--Each day as separate violation
Status: in_force

Any person who violates any of the provisions of, or who fails to perform any duty imposed by this chapter, or who violates any order or rule of the secretary promulgated pursuant to this chapter, shall be guilty of a Class 1 misdemeanor, and in addition thereto may be enjoined in a civil action by a court of competent jurisdiction from continuing such violation. Each day upon which such violation occurs shall constitute a separate violation.

Source: SL 1957, ch 122, § 9; SDC Supp 1960, § 27.9959; SL 1977, ch 190, § 56.
S.D. Codified Laws § 34-20C-16 — SD Code / Title 34 / Chapter 20C / Section 34-20C-16
Prior conviction as prima facie evidence of participation in illegal drug market
Status: in_force

Any person against whom recovery is sought who has a criminal conviction under state or federal drug laws is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person's participation in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.

The absence of criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.

Source: SL 1997, ch 203, § 18.
S.D. Codified Laws § 34-20A-69.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-69.1
Immunity of facility operators for acts in compliance with chapter
Status: in_force

Personnel operating accredited treatment facilities who act in compliance with their duties as set forth in this chapter are not criminally or civilly liable therefor.

Source: SL 1976, ch 217, § 1; SL 1985, ch 277, § 21.
S.D. Codified Laws § 34-8-7 — SD Code / Title 34 / Chapter 8 / Section 34-8-7
Board of trustees for management of hospital--Terms of office of trustees--Removal of trustee
Status: in_force

To manage or assist them in the management of a county hospital, the board of county commissioners may appoint a board of trustees consisting of five competent and responsible freeholders of the county, one of whom shall be a legally qualified physician or nurse, in which case one member of said board shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years.

Their terms of office shall expire on the first Monday of July of the year of expiration. Thereafter it shall be the duty of such board of county commissioners annually at their regular meeting in July to appoint for a term of five years a successor to the trustee whose term of office shall expire during that year.

Any member of such board of trustees may be removed at any time by the board of county commissioners.

Source: SL 1919, ch 282; SL 1929, ch 210, § 8; SDC 1939, § 27.1904; SL 1945, ch 111; SL 1953, ch 126; SL 1966, ch 78.
S.D. Codified Laws § 34-12-61 — SD Code / Title 34 / Chapter 12 / Section 34-12-61
Application for birth center license
Status: in_force

An applicant for a birth center license shall submit an application to the Department of Health on a form prescribed by the department. The application shall be accompanied by a nonrefundable license fee of five hundred dollars. The department shall issue a license if, after inspection and investigation, the department finds that the application and birth center meet the requirements of §§ 34-12-57 to 34-12-63 , inclusive. The birth center license is renewable annually on a form prescribed by the department.

Source: SL 2011, ch 155, § 6.
S.D. Codified Laws § 34-18-22.2 — SD Code / Title 34 / Chapter 18 / Section 34-18-22.2
Fire safety standards for specialty resort with ten or more occupants
Status: in_force

Any specialty resort establishment with ten or more occupants shall meet the following minimum fire safety standards:

(1) Each floor where occupants are sleeping shall have access to at least two remote exits;

(2) Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort, free from obstruction, and clearly marked with illuminated exit signs. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;

(3) There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;

(4) Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and

(5) Portable fire extinguishers with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually.

Source: SL 2005, ch 184, § 2; SL 2008, ch 171, § 2; SL 2011, ch 157, § 2.
S.D. Codified Laws § 34A-6-93.1 — SD Code / Title 34A / Chapter 6 / Section 34A-6-93.1
Medical waste defined
Status: in_force

For purposes of this chapter, medical waste means disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or other substances that could carry pathogenic organisms.

Source: SL 2013, ch 167, § 1; SL 2015, ch 193, § 2.
S.D. Codified Laws § 34A-2B-11 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-11
Other remedies
Status: in_force

Nothing in this section 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 this section. The remedies provided by this section are in addition to those provided by existing statutory or common law.

Source: SL 1998, ch 216, § 14.
S.D. Codified Laws § 34-5-5 — SD Code / Title 34 / Chapter 5 / Section 34-5-5
Authorization and approval of money paid from fund
Status: in_force

All money allowed and paid from a fund established under § 34-5-2 shall first be authorized and approved by the board of county commissioners and, in operations directly relating to snow removal, snow damage, or prevention of snow accumulation, or purchase and repair of snow removal equipment, the county highway superintendent.

Source: SL 1953, ch 32, § 5; SDC Supp 1960, § 12.0617-7; SL 1967, ch 15, § 1.
S.D. Codified Laws § 34A-11-21 — SD Code / Title 34A / Chapter 11 / Section 34A-11-21
Violations classified as felonies
Status: in_force

Any person who knowingly transports a hazardous waste to an unpermitted facility; who knowingly treats, stores, or disposes of hazardous waste without a permit or in violation of a permit term or condition; or who makes any false statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained or used for purposes of ensuring compliance with this chapter is guilty of a Class 4 felony.

Source: SL 1983, ch 262, § 21.
S.D. Codified Laws § 34-45-11 — SD Code / Title 34 / Chapter 45 / Section 34-45-11
Contracts for administration of 911 service
Status: in_force

Any governing body imposing the charge authorized by §§ 34-45-3 and 34-45-4 may enter into an agreement directly with the service supplier of the 911 system or may contract and cooperate with any public agency or with other states or their political subdivision for the administration of a 911 system as provided by law.

Source: SL 1989, ch 303, § 11.
S.D. Codified Laws § 34-26-21.1 — SD Code / Title 34 / Chapter 26 / Section 34-26-21.1
Organ, marrow donation--Department of Public Safety information distribution
Status: in_force

The Department of Public Safety shall provide each individual renewing or applying for a driver license or nondriver identification card an opportunity to review information about organ donation and the national marrow donor program.

The department shall distribute this information:

(1) On the department's website;

(2) With each driver license and identification card renewal notice mailing;

(3) On posters and brochures made available at each driver license exam station;

(4) Through each driver license manual published after July 1, 2013; and

(5) Through any other means the department deems appropriate.

Source: SL 2001, ch 186, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2013, ch 159, § 1; SL 2025, ch 141, § 1.
S.D. Codified Laws § 34-20E-1 — SD Code / Title 34 / Chapter 20E / Section 34-20E-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Administer," the direct application of a controlled substance to the body of a patient. The term does not include the prescribing of a controlled substance for administration by the patient or someone other than the health care provider;

(2) "Board," the Board of Pharmacy;

(3) "Central repository," a place where electronic data related to the prescribing and dispensing of controlled substances is collected;

(4) "Controlled substance," any drug, substance, or immediate precursor as provided in schedules II through IV pursuant to §§ 34-20B-11 to 34-20B-26 , inclusive;

(5) "De-identified information," health information that is not individually identifiable information because an expert has made that determination pursuant to 45 C.F.R. 164.514, or direct identifiers and specified demographic information have been removed in accordance with the requirements of that section;

(6) "Dispense," to deliver a controlled substance to an ultimate user by or pursuant to the lawful order of a health care provider, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for delivery;

(7) "Dispenser," any person who delivers a controlled substance to the ultimate user, but does not include:

(a) A licensed hospital pharmacy that provides a controlled substance for the purpose of inpatient hospital care;

(b) A licensed health care provider or other authorized individual in those instances when the practitioner administers a controlled substance to a patient; or

(c) A licensed veterinarian;

(8) "Individually identifiable health information," the meaning set forth in 45 C.F.R. 160.103;

(9) "Integration," the linking of the central repository into the electronic health records to allow health systems, pharmacies, or health information exchanges to seamlessly access data;

(10) "Patient," any individual or owner of an animal who is the ultimate user of a controlled substance for whom a prescription is issued and for whom a controlled substance is dispensed;

(11) "Prescriber," an individual licensed, registered, or otherwise authorized by the jurisdiction in which the individual is practicing to prescribe drugs in the course of professional practice. The term does not include a veterinarian;

(12) "Program," the prescription drug monitoring program established by this chapter.

Source: SL 2010, ch 175, § 1; SL 2017, ch 157, § 1.
S.D. Codified Laws § 34-46-26 — SD Code / Title 34 / Chapter 46 / Section 34-46-26
Cigar bar license--Revocation or suspension--Grounds
Status: in_force

The governing body of a county or municipality may revoke or suspend a license to operate a cigar bar upon proof that:

(1) The licensee does not meet the requirements provided in § 34-46-24 ;

(2) The licensee, or an agent or employee acting on behalf of the licensee, has violated a provision of this chapter; or

(3) The licensee, or an agent or employee acting on behalf of the licensee, has violated an ordinance or regulation regarding the sale and distribution of tobacco products.

Source: SL 2026, ch 154, § 5.
S.D. Codified Laws § 34-22-1 — SD Code / Title 34 / Chapter 22 / Section 34-22-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Carrier," a person who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source or reservoir of infection for other persons;

(2) "Communicable disease," includes:

(a) An illness due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, fomite, or reservoir to a susceptible host, either directly or indirectly, through an intermediate plant or animal host, vector, or inanimate environment and which is determined to be a reportable disease pursuant to § 34-22-12 and any rules promulgated pursuant to that section; and

(b) Any disease or condition which is the subject of a declared public health emergency pursuant to § 34-22-42 ;

(3) "Department," the Department of Health.

Source: SL 2015, ch 181, § 1.
S.D. Codified Laws § 34-12D-23 — SD Code / Title 34 / Chapter 12D / Section 34-12D-23
Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide
Status: in_force

Any licensed health care professional who administers, prescribes, or dispenses medications or procedures to relieve another person's pain or discomfort, even if the medication or procedure may hasten, or increase the risk of, death, does not violate § 22-16-37 , unless the medications or procedures are knowingly administered, prescribed, or dispensed with a purpose to cause death. Any licensed health care professional who withholds or withdraws a life-sustaining procedure, in compliance with chapter 34-12D or in accordance with reasonable medical practice, does not violate § 22-16-37 .

Source: SDCL § 22-16-37.1 ; SL 2005, ch 120, §§ 168, 170.
S.D. Codified Laws § 34-23B-5 — SD Code / Title 34 / Chapter 23B / Section 34-23B-5
Screening materials to detect at-risk users of drugs and alcohol
Status: in_force

The Department of Health and the Department of Social Services shall develop screening materials and criteria and make them available for use by primary providers for identification of high- and moderate-risk drug and alcohol use during pregnancy.

Source: SL 1993, ch 252, § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 34A-11-5 — SD Code / Title 34A / Chapter 11 / Section 34A-11-5
Cooperation with other agencies and groups
Status: in_force

The Department of Agriculture and Natural Resources may advise, consult, and cooperate with other agencies of the state, other states, the federal government, and affected groups and industries in the formulation of plans for, and implementation of, hazardous waste management.

Source: SL 1983, ch 262, § 5; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-24-35 — SD Code / Title 34 / Chapter 24 / Section 34-24-35
Prohibited medical interventions--Exceptions
Status: in_force

The prohibitions of § 34-24-34 do not limit or restrict the provision of services to:

(1) A minor born with a medically verifiable disorder of sex development, including external biological sex characteristics that are irresolvably ambiguous;

(2) A minor diagnosed with a disorder of sexual development, if a healthcare provider has determined, through genetic or biochemical testing, that the minor does not have a sex chromosome structure, sex steroid hormone production, or sex steroid hormone action, that is normal for a biological male or biological female; or

(3) A minor needing treatment for an infection, injury, disease, or disorder that has been caused or exacerbated by any action or procedure prohibited by § 34-24-34 .

Source: SL 2023, ch 127, § 3.
S.D. Codified Laws § 34-20B-34 — SD Code / Title 34 / Chapter 20B / Section 34-20B-34
Separate registration required for each place of business or practice
Status: in_force

A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled drugs and substances.

Source: SL 1970, ch 229, § 9 (d); SDCL Supp, § 39-17-77.
S.D. Codified Laws § 34A-8A-4 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-4
Departments authorized to render assistance regarding species of management concern
Status: in_force

If so requested, the departments may render assistance and advice regarding species of management concern including:

(1) Providing information to the public and property owners regarding the species of management concern and its characteristics, ecosystem values, and habitat; and

(2) Providing assistance in the development of conservation plans or control projects regarding the species of management concern.

Source: SL 2001, ch 191, § 4.
S.D. Codified Laws § 34-12-50 — SD Code / Title 34 / Chapter 12 / Section 34-12-50
Court order for medical treatment of disabled adult under treatment by spiritual means
Status: in_force

If a disabled adult is under treatment solely by spiritual means, the court may, upon good cause shown, order that medical treatment be provided for that disabled adult.

Source: SL 2005, ch 120, § 340, eff. July 1, 2006.
S.D. Codified Laws § 34A-1-13 — SD Code / Title 34A / Chapter 1 / Section 34A-1-13
Access to records relating to air pollution emissions
Status: in_force

The board may require access to records relating to emissions which cause or contribute to air pollution.

Source: SL 1970, ch 203, § 5 (4); SDCL Supp, § 34-16A-20; SL 1977, ch 280, § 8; SL 2011, ch 165, § 10.
S.D. Codified Laws § 34A-5-11 — SD Code / Title 34A / Chapter 5 / Section 34A-5-11
Ballot form on question of incorporation--Majority required for approval
Status: in_force

If a majority vote in favor of the incorporation, the territory shall be deemed a sanitary district by the name and style specified in the order of incorporation by the board of county commissioners; otherwise, no further proceedings may be taken.

Source: SL 1947, ch 226, § 10; SDC Supp 1960, § 45.3810; SDCL, § 34-17-11; SL 1998, ch 36, § 46.
S.D. Codified Laws § 34-12-14 — SD Code / Title 34 / Chapter 12 / Section 34-12-14
Application of regulations and standards to Christian Science institution
Status: in_force

No regulations may be made, or standards established, under this chapter for any health care facility or related institution conducted in accordance with the practices and principles of the body known as the Church of Christ, Scientist except as to the sanitary and safe condition of the premises, cleanliness of operation, and its physical equipment.

Source: SL 1945, ch 108, § 6; SL 1953, ch 123, § 6; SDC Supp 1960, § 27.1206; SL 1986, ch 278, § 9; SL 2013, ch 154, § 10.
S.D. Codified Laws § 34-44-30 — SD Code / Title 34 / Chapter 44 / Section 34-44-30
Responsibility of Department of Agriculture and Natural Resources
Status: in_force

The Department of Agriculture and Natural Resources shall be the agency responsible for coordinating asbestos hazard abatement and management activities for the state in order to assure compliance with state and federal laws.

Source: SL 1988, ch 284, § 28; 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 § 34-20C-15 — SD Code / Title 34 / Chapter 20C / Section 34-20C-15
Proof of participation in illegal drug market
Status: in_force

Proof of participation in the illegal drug market in an action brought under this chapter shall be shown by clear and convincing evidence. Except as otherwise provided in this chapter, other elements of the cause of action shall be shown by a preponderance of the evidence.

Source: SL 1997, ch 203, § 17.
S.D. Codified Laws § 34-12H-7 — SD Code / Title 34 / Chapter 12H / Section 34-12H-7
Physician to treat patient in accordance with MOST
Status: in_force

Except as provided in §§ 34-12H-8 to 34-12H-10 , inclusive, any health care provider who has actual knowledge of a patient's MOST shall treat the patient in accordance with the preferences indicated in the MOST.

Source: SL 2019, ch 146, § 7.
S.D. Codified Laws § 34-20C-12 — SD Code / Title 34 / Chapter 20C / Section 34-20C-12
Joint actions
Status: in_force

Two or more persons may join in one action under this chapter as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.

Two or more persons may be joined in one action under this chapter as defendants if those persons are liable to at least one plaintiff.

A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded. Judgment may be given for one or more plaintiffs according to their respective rights to relief and against one or more defendants according to their respective liabilities.

Source: SL 1997, ch 203, § 13.
S.D. Codified Laws § 34-24-36 — SD Code / Title 34 / Chapter 24 / Section 34-24-36
Prohibited medical interventions--License or certification revocation
Status: in_force

If a professional or occupational licensing board finds, by a preponderance of the evidence and in compliance with chapter 1-26 , that a healthcare professional licensed or certified by the board has violated § 34-24-34 , the board must revoke any professional or occupational license or certificate held by the healthcare professional.

Source: SL 2023, ch 127, § 4.
S.D. Codified Laws § 34A-2-24 — SD Code / Title 34A / Chapter 2 / Section 34A-2-24
Discharge of wastes allowed when economic or social necessity found--Exception
Status: in_force

Notwithstanding § 34A-2-22 , discharge of wastes into waters of the state which reduce the quality of such waters below the water quality level existing on March 27, 1973, will be allowed if it is affirmatively demonstrated to the board and the board finds by a majority vote of its members, after a public hearing on such request, that there may be a discharge, if the discharge will not result in the violation of applicable water standards, and if the discharge is found justifiable as a result of necessary economic or social development. The board may not allow a discharge if the discharge results in a violation of the existing water standards.

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 (2); SDCL Supp, § 46-25-42; SL 1988, ch 285, § 4A; SL 2011, ch 165, § 39.
S.D. Codified Laws § 34A-1-36 — SD Code / Title 34A / Chapter 1 / Section 34A-1-36
Municipal and county programs approved by board--Application to state facilities
Status: in_force

Each municipality and each county may, with the approval of the Board of Minerals and Environment, establish and thereafter administer within its jurisdiction an air pollution control program which provides by ordinance or local law for requirements as strict or more strict and more extensive than those imposed by this chapter and rules issued under this chapter, or, upon prior review and approval by the board, less restrictive requirements. The air pollution control jurisdiction authorized pursuant to this section applies to state facilities located within the boundaries of the municipality or county if the municipality or county has been found to be in violation of National Ambient Air Quality Standards.

Source: SL 1970, ch 203, §§ 9, 14; SDCL Supp, §§ 34-16A-25, 34-16A-41; SL 1979, ch 241; SL 2011, ch 165, § 20.
S.D. Codified Laws § 34-23A-19 — SD Code / Title 34 / Chapter 23A / Section 34-23A-19
Performance of abortion--Required reports--Rules
Status: in_force

Any facility or physician performing abortions in this state shall forward to the Department of Health:

(1) The number of abortions performed;

(2) The method of abortion used in each abortion performed;

(3) Complete pathology reports including the period of gestation of fetuses, the presence of abnormality, and the measurements of fetuses, if the facility where the abortion is performed is equipped to complete the reports;

(4) The number of maternal deaths due directly or indirectly to abortions;

(5) Reports of all follow - up, including short - term and long - term complications due to abortion in the female who received an abortion;

(6) The number of infants who survived an attempted abortion;

(7) Medical action taken to preserve the life of an aborted child born alive;

(8) The outcome for an aborted child born alive, including the child's survival, death, and location of death, if known; and

(9) Any other information required by the department, as authorized by this section.

No report made under this section may include the name of any female who received an abortion.

The Department of Health shall promulgate rules, in accordance with chapter 1-26 , to acquire the necessary information for the department's report, to the Centers for Disease Control and Prevention, of all abortion - related data, as recommended by the centers.

Source: SL 1973, ch 146, § 4; SL 1993, ch 251, § 1; SL 2021, ch 150, § 3.
S.D. Codified Laws § 34-48-5 — SD Code / Title 34 / Chapter 48 / Section 34-48-5
Withdrawal of assistance
Status: in_force

Any deploying public agency or covered entity that provides assistance pursuant to a request under this chapter may withdraw that assistance at any time.

Source: SL 2006, ch 189, § 5.
S.D. Codified Laws § 34-49-17 — SD Code / Title 34 / Chapter 49 / Section 34-49-17
Examination of books and records
Status: in_force

To enforce the provisions of this chapter, the attorney general, the secretary, the state fire marshal, and other law enforcement officer are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Each person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale, is hereby directed and required to give the attorney general, the secretary, the state fire marshal, and other law enforcement officer the means, facilities, and opportunity for the examinations authorized by this section.

Source: SL 2009, ch 172, § 17, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-45-22 — SD Code / Title 34 / Chapter 45 / Section 34-45-22
"911 Telecommunicator" defined
Status: in_force

The term, 911 telecommunicator, as used in §§ 34-45-22 to 34-45-32 , inclusive, means any employee of the state, or any political subdivision thereof, whose primary full - time or part - time duties are receiving, processing, and transmitting public safety information received through a 911 emergency reporting system as defined in § 34-45-1 .

Source: SL 1998, ch 142, § 1.
S.D. Codified Laws § 34A-2-99 — SD Code / Title 34A / Chapter 2 / Section 34A-2-99
Underground storage tanks--Promulgation of rules--Violation
Status: in_force

The board shall promulgate rules, pursuant to chapter 1-26 , to develop:

(1) Requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;

(2) Requirements for maintaining records of any monitoring or leak detection system or inventory control system or tank testing system;

(3) Requirements for the reporting of any releases and corrective action taken in response to a release from an underground storage tank;

(4) Requirements for taking corrective action in response to a release from an underground storage tank. The standards relating to cleanup of petroleum contamination must be based upon risk to human health and safety as determined by the board. The board may adopt standards relating to cleanup of contamination consistent with the American Society for Testing and Materials Standard E1739-95R15, Standard Guide for Risk-Based Corrective Action Applied at Petroleum Release Sites, as in effect on January 1, 2024, or other generally accepted risk-based cleanup methods;

(5) Requirements for the closure of tanks to prevent future releases of regulated substances to the environment;

(6) Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank;

(7) Standards of performance for new underground storage tanks;

(8) Requirements for notifying the department or local designated agency of the existence of any operational or nonoperational underground storage tank;

(9) Requirements for providing the information required on the form issued pursuant to the Regulation of Underground Storage Tanks, 42 U.S.C. § 6991a(b)(2) (January 1, 2024).

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

Source: SL 1985, ch 284, § 2; SL 1992, ch 158, § 31C; SL 1995, ch 204, § 2; SL 2011, ch 165, § 61; SL 2024, ch 145, § 3.
S.D. Codified Laws § 34-11A-6 — SD Code / Title 34 / Chapter 11A / Section 34-11A-6
Notice of hearing
Status: in_force

Notice of the hearing shall be given by publication two weeks in the legal newspapers of each county affected, the last publication appearing at least seven days prior to the hearing and shall include a statement of the proposed boundaries as set forth in the petition.

Source: SL 1982, ch 259, § 6; SL 1998, ch 36, § 23.
S.D. Codified Laws § 34-44-25 — SD Code / Title 34 / Chapter 44 / Section 34-44-25
Suspension or revocation of training course approval
Status: in_force

The department may suspend or revoke training course approval if the provider fails to meet and maintain any standard established by the board.

Source: SL 1988, ch 284, § 23.
S.D. Codified Laws § 34-20A-83 — SD Code / Title 34 / Chapter 20A / Section 34-20A-83
Number of recommitment orders permitted
Status: in_force

Only two recommitment orders under §§ 34-20A-81 and 34-20A-82 are permitted.

Source: SL 1974, ch 240, § 12 (f).
S.D. Codified Laws § 34-29A-7 — SD Code / Title 34 / Chapter 29A / Section 34-29A-7
Insured boilers inspected by special inspectors--Exemption from state fees except boiler annual operation certificate
Status: in_force

Special inspectors issued commissions pursuant to § 34-29A-6 shall inspect all boilers insured by their respective companies and, if so inspected, the owners and users of the boilers are exempt from the payment to the state of the inspection fees provided for in §§ 34-29A-35.1 to 34-29A-37 , inclusive, except for the boiler annual operation certificate fee which shall be paid by the insurer of all qualified boilers.

Source: SL 1973, ch 229, § 10; SL 1982, ch 18, § 39; SL 1991, ch 282, § 1.
S.D. Codified Laws § 34-25-32.4 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.4
Medical facility to provide for disposal of aborted fetuses
Status: in_force

Any hospital, clinic, or medical facility in which abortions are induced or occur spontaneously or accidentally or any laboratory to which the remains of human embryos or fetuses are delivered shall arrange for the disposal of the remains by cremation, interment by burial, or by incineration in a medical waste incinerator approved by the Department of Agriculture and Natural Resources. If incineration is used, the remains of the human embryo or fetus shall be incinerated separately from other medical waste. The hospital, clinic, medical facility, or laboratory may perform any laboratory tests necessary for the health of the woman or her future offspring, or for the purposes of a criminal investigation, or for determination of parentage prior to disposing of the remains.

Source: SL 1998, ch 208, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-25-13.3 — SD Code / Title 34 / Chapter 25 / Section 34-25-13.3
Unmarried mother's surname shown on birth certificate unless paternity acknowledged
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 mother's surname shall be shown on the birth certificate as the legal surname of the child at the time of birth unless an affidavit of acknowledgment of paternity signed by both parents is received.

Source: SL 1972, ch 194, § 13; SL 1993, ch 253, § 4.
S.D. Codified Laws § 34A-2-54 — SD Code / Title 34A / Chapter 2 / Section 34A-2-54
Hearing on violation--Notice
Status: in_force

In a notice given under § 34A-2-53 , the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against the alleged violator. In such event, the notice shall also meet the requirements of § 1-26-17 , and notice shall be given in a manner which will reasonably inform the public.

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 (2); SDCL Supp, § 46-25-70; SL 1988, ch 285, § 19; SL 2011, ch 165, § 50.
S.D. Codified Laws § 34-27-8 — SD Code / Title 34 / Chapter 27 / Section 34-27-8
Subdivision and platting of cemeteries required--Filing with local registrar of vital records
Status: in_force

Every person, firm, or association, every church, religious or benevolent society, and private or public corporation, owning or having under his or its control, any cemetery or place of burial in this state, shall keep and maintain a uniform record of all burials, and shall by itself, his or its officers or agent, cause such cemetery or burial ground, or such portion thereof as may from time to time become necessary for that purpose, to be surveyed, mapped, or diagramed, and subdivided into sections, blocks, lots, individual grave spaces, avenues, walks, and streets, thereby platting or making a map or diagram thereof, which map or plat shall be filed, preserved, and maintained as a permanent cemetery record. Such plat or map, or copy thereof, shall be dated and endorsed by the person, firm, or agency drafting such plat or map, and duly filed in the office of the registrar of vital records of the registration district, wherein located, and shall become a permanent record in such office.

Source: SDC 1939, § 27.0214 (1) as added by SL 1941, ch 124, § 4.
S.D. Codified Laws § 34A-6-21 — SD Code / Title 34A / Chapter 6 / Section 34A-6-21
County assumption of responsibility for wastes within municipalities
Status: in_force

By agreement or contractual arrangement the board of county commissioners may assume responsibility for solid wastes generated within municipalities whether within the county or other counties.

Source: SL 1972, ch 198, § 13; SDCL, § 34-16B-19.
S.D. Codified Laws § 34-20A-80 — SD Code / Title 34 / Chapter 20A / Section 34-20A-80
Discharge before end of commitment period
Status: in_force

A person committed for treatment shall be discharged at any time before the end of the period for which he has been committed if either of the following conditions is met:

(1) In case of commitment on the grounds of likelihood of infliction of physical harm upon himself or another, that the likelihood of such harm no longer exists; or

(2) In case of commitment on the grounds of the need of treatment and incapacity, that the incapacity no longer exists, further treatment will not be likely to bring about significant improvement in the person's condition, or treatment is no longer adequate or appropriate.

Source: SL 1974, ch 240, § 12 (i); SL 1985, ch 277, § 30.
S.D. Codified Laws § 34A-6-1.2 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.2
Solid waste management policy established
Status: in_force

The protection of the health, safety, and welfare of the citizens of this state and the protection of the environment require the safe and sanitary disposal of solid waste. An effective and efficient solid waste disposal program protects the environment and the public, and provides the most practical and beneficial use of the material and energy values of solid waste. While recognizing the continuing necessity for the existence of landfills, alternative methods of managing solid waste and the reduction in the reliance upon land disposal of solid waste are encouraged. To promote these goals, the following solid waste management hierarchy, in descending order of preference, is established as the solid waste management policy of the state:

(1) Volume reduction at the source.

(2) Recycling and reuse.

(3) Use for energy production, if appropriate.

(4) Disposal in landfills or combustion for volume reduction.

In the implementation of this solid waste management policy, the state shall establish and maintain a cooperative state and local program of project planning, and technical and financial assistance to encourage comprehensive solid waste management.

Source: SL 1989, ch 306, § 3.
S.D. Codified Laws § 34-20G-44 — SD Code / Title 34 / Chapter 20G / Section 34-20G-44
Confidential list--Personal information
Status: in_force

The department shall maintain a confidential list of:

(a) The name, address, phone number, and registry identification card number of each person to whom the department has issued a registry identification card; and

(b) The name, address, and phone number of a registered qualifying patient's parent or legal guardian if the patient is under age eighteen.

The list may not be combined or linked in any manner with any other list or database, nor may it be used for any purpose not provided for in this chapter.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 129, § 1.
S.D. Codified Laws § 34-12B-2 — SD Code / Title 34 / Chapter 12B / Section 34-12B-2
Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions
Status: in_force

It is a Class 1 misdemeanor for any pharmacy, pharmacist, nursing facility, or nursing facility administrator, to contract, agree to or arrange for the exclusive right of a pharmacy or pharmacist to furnish drugs and medicines to residents or patients of a nursing facility, except in nursing facilities which are owned or operated by a licensed hospital, nursing facilities which maintain a licensed pharmacy department and nursing facilities which provide patient medication under a "unit dose" system in accordance with rules and regulations established by the State Board of Pharmacy.

Source: SL 1975, ch 225, § 2; SL 1977, ch 190, § 16.
S.D. Codified Laws § 34-48A-47 — SD Code / Title 34 / Chapter 48A / Section 34-48A-47
Powers of emergency management workers outside local jurisdiction
Status: in_force

Any emergency management worker performing emergency management at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance, to which the state or political subdivision thereof is a party, shall possess the same powers, duties, immunities, and privileges he would ordinarily possess if performing his duties in the state, province, or political subdivision thereof in which normally employed or rendering services.

Source: SL 1953, ch 288, § 6; SDC Supp 1960, § 41.01C09 (4); SL 1977, ch 271, § 37; SL 1992, ch 236, § 22; SL 1993, ch 242, § 2; SDCL § 33-15-36 .
S.D. Codified Laws § 34-10-15 — SD Code / Title 34 / Chapter 10 / Section 34-10-15
Rules, regulations, and bylaws of district--Officers--Place of business--Legal counsel
Status: in_force

The trustees at their first meeting shall adopt rules, regulations, and bylaws deemed suitable and necessary for the government and management of the district. The trustees shall elect one of its members as chairman, one as treasurer, and one as secretary. The trustees shall designate a place of business in the district where the public hospital will be operated. The board shall have authority to employ legal counsel as may be necessary.

Source: SL 1959, ch 135, § 11; SDC Supp 1960, § 27.19B11.
S.D. Codified Laws § 34-20B-57 — SD Code / Title 34 / Chapter 20B / Section 34-20B-57
Exchange of information between governmental officials
Status: in_force

The Department of Health shall, in addition to other powers and duties vested in it by this chapter or any other act, arrange for the exchange of information between governmental officials concerning the use and abuse of drugs and substances.

Source: SL 1970, ch 229, § 5 (b); SDCL Supp, § 39-17-118.
S.D. Codified Laws § 34-16-5 — SD Code / Title 34 / Chapter 16 / Section 34-16-5
Access of health officers to places where source of disease suspected
Status: in_force

All members, officers, and employees of the state department and local boards of health shall have the right to enter any building, conveyance, or place where contagion, infection, filth, or other source or cause of preventable disease exists or is reasonably suspected to exist.

Source: SL 1913, ch 110; RC 1919, § 7683; SDC 1939, § 27.1807.
S.D. Codified Laws § 34-26-12 — SD Code / Title 34 / Chapter 26 / Section 34-26-12
Autopsies at hospitals for the mentally ill
Status: in_force

Nothing contained in §§ 34-26-8 to 34-26-11 , inclusive, shall preclude the officers of the state hospitals for the mentally ill from using the unclaimed remains of patients dying in such hospitals to make autopsies for pathological study.

Source: SL 1909, ch 278, § 4; RC 1919, § 5595; SDC 1939, § 15.1104.
S.D. Codified Laws § 34-12-8 — SD Code / Title 34 / Chapter 12 / Section 34-12-8
Provisional licenses--Circumstances under which issued
Status: in_force

The State Department of Health may issue a provisional license when an applicant or licensee under this chapter fails to comply with the established standards but signifies an intention to remedy such fault. Such provisional license shall state on its face the conditions under which it is granted and the period of time for which it is issued. A provisional license may also be issued, when an application for license is found to be in order, to cover the maintenance of such institution until inspection can be completed and a regular license issued.

Source: SL 1953, ch 123, § 7; SDC Supp 1960, § 27.1207.
S.D. Codified Laws § 34-31A-7 — SD Code / Title 34 / Chapter 31A / Section 34-31A-7
Publication of notice of commissioners' hearing
Status: in_force

Notice of the hearing shall be given by publication two weeks in the legal newspapers of each county affected, the last publication appearing at least seven days prior to the hearing. The notice shall include a statement of the proposed boundaries as set forth in the petition.

Source: SL 1971, ch 208, § 2; SL 1992, ch 80, § 211; SL 1998, ch 36, § 32.
S.D. Codified Laws § 34-12-11.2 — SD Code / Title 34 / Chapter 12 / Section 34-12-11.2
Visitation of patients and residents--Required post
Status: in_force

The Department of Health shall post on its website all state laws and rules, and all federal laws, regulations, and guidance documents, which address the visitation of patients in hospitals and residents in nursing facilities and assisted living centers.

Source: SL 2022, ch 104, § 1.
S.D. Codified Laws § 34-23-17 — SD Code / Title 34 / Chapter 23 / Section 34-23-17
Treatment of minors by health departments authorized
Status: in_force

Treatment of a minor for venereal disease by a county health department, State Health Department, or doctors attached to such departments shall be offered to a minor, if available, upon the minor's request and without the necessity of consent of parents or notification to the parents.

Source: SL 1971, ch 210, § 3.
S.D. Codified Laws § 34-44-34 — SD Code / Title 34 / Chapter 44 / Section 34-44-34
Asbestos projects in progress--Temporary exemptions--Notice and application required--Denial of approval of project for noncompliance, etc.--Compliance with existing state and federal requirements
Status: in_force

Any worker or asbestos contractor who is conducting an asbestos project in a school building or who has entered into a contract to conduct an asbestos project in a school building on or before the effective date of this chapter is exempt from the certification requirements of this chapter until thirty days after the rules promulgated by the board are filed with the secretary of state. However, the worker or asbestos contractor shall notify the department of any asbestos project in progress, apply for certification and comply with state rules in existence on January 1, 1988, promulgated under chapter 34A-1 pertaining to asbestos. Any asbestos project done without notification, or if certification is ultimately denied, may be denied approval by the Governor as required in the Asbestos Hazardous Emergency Response Act of 1986.

Any worker or asbestos contractor who is conducting or who has entered into a contract to conduct an asbestos project other than in a school building on or before the effective date of this chapter is exempt from the certification requirements of this chapter until one hundred eighty days after the rules promulgated by the board are filed with the secretary of state. However, the worker or asbestos contractor shall comply with existing state rules promulgated under chapter 34A-1 pertaining to asbestos, and 29 C.F.R. 1910.134, 29 C.F.R. 1926.58, 40 C.F.R. 763.121 as in effect on January 29, 1988, and the United States Environmental Protection Agency publication entitled "Guidance for Controlling Asbestos-containing Materials in Buildings" (EPA 560/5-85-024, June 1985).

Source: SL 1988, ch 284, § 31A.
S.D. Codified Laws § 34-24-29 — SD Code / Title 34 / Chapter 24 / Section 34-24-29
Disclosure of confidential reports as misdemeanor
Status: in_force

Except as provided in § 34-24-28 , any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to § 34-24-27 , who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under § 34-24-28 , or who compels another person to disclose such medical reports, is guilty of a Class 1 misdemeanor.

Source: SL 2001, ch 185, § 3.
S.D. Codified Laws § 34A-2-17 — SD Code / Title 34A / Chapter 2 / Section 34A-2-17
Periodic review of classification and standards
Status: in_force

The board shall review from time to time, at intervals of not more than three years, established classification of waters, water quality standards, and effluent standards.

Source: SL 1973, ch 280, § 4 (5); SDCL Supp, § 46-25-35.
S.D. Codified Laws § 34-20B-17 — SD Code / Title 34 / Chapter 20B / Section 34-20B-17
Opiates included in Schedule II
Status: in_force

Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule II, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Alphaprodine;

(2) Anileridine;

(3) Bezitramide;

(4) Diphenoxylate;

(5) Fentanyl;

(6) Isomethadone;

(7) Levomethorphan;

(8) Levorphanol;

(9) Metazocine;

(10) Methadone;

(11) Methadone-intermediate, 4-cyano-2-dimethylamine-1, 4-diphenyl butane;

(12) Moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;

(13) Pethidine;

(14) Pethidine-intermediate, A, 4-cyano-1-methyl-4-phenylpiperidine;

(15) Pethidine-intermediate, B, ethyl-4-phenylpiperidine-4-carboxylate;

(16) Pethidine-intermediate, C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(17) Phenazocine;

(18) Piminodine;

(19) Racemethorphan;

(20) Racemorphan;

(21) Sufentanil;

(22) Alfentanil;

(23) Carfentanil;

(24) Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadyl acetate or LAAM;

(25) Remifentanil;

(26) Oxymorphone;

(27) Oripavine (3-O-demethylthebaine or 6,7,8,14-tetradehydro-4,5-alpha-epoxy-6-methoxy-17-methylmorphinan-3-ol);

(28) 4-anilino-N-phenethylpiperidine (ANPP);

(29) Morphine, except when it meets subdivision 34-20B-23 (8);

(30) Hydrocodone (Dihydrocodeinone);

(31) Codeine, except when it meets subdivision 34-20B-23 (1), 34-20B-23 (2), or 34-20B-26 (1);

(32) Dihydrocodeine, except when it meets subdivision 34-20B-23 (5) or 34-20B-26 (2);

(33) Ethylmorphine, except when it meets subdivision 34-20B-23 (6) or 34-20B-26 (3);

(34) Oxycodone;

(35) Hydromorphone;

(36) Thiafentanil;

(37) Noroxymorphone;

(38) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl); and

(39) Oliceridine (N-[(3-methoxythiophen-2-yl)methyl] ({2-[(9R)-9-(pyridin-2-yl)-6-oxaspiro [4.5]decan-9-yl]ethyl})amine fumarate).

Source: SL 1970, ch 229, § 8 (b) (1); SDCL Supp, § 39-17-60; SL 1985, ch 278, § 52; SL 1987, ch 255, § 4; SL 1989, ch 293, § 3; SL 1994, ch 278, § 3; SL 2002, ch 167, § 1; SL 2007, ch 194, § 1, eff. Feb. 1, 2007; SL 2008, ch 170, § 2, eff. Feb. 13, 2008; SL 2011, ch 160, § 2, eff. Feb. 24, 2011; SL 2015, ch 180, § 3, eff. Feb. 18, 2015; SL 2017, ch 156, § 2, eff. Feb. 3, 2017; SL 2020, ch 144, § 2, eff. Mar. 9, 2020; SL 2021, ch 144, § 5, eff. Feb. 17, 2021.
S.D. Codified Laws § 34-12D-3 — SD Code / Title 34 / Chapter 12D / Section 34-12D-3
Declaration--Sample form
Status: in_force

A declaration may, but need not, be in the following form:

This is an important legal document. A living will directs the medical treatment you are to receive in the event you are in a terminal condition and are unable to participate in your own medical decisions. This living will may state what kind of treatment you want or do not want to receive.

Prepare this living will carefully. If you use this form, read it completely. You may want to seek professional help to make sure the form does what you intend and is completed without mistakes.

This living will remains valid and in effect until and unless you revoke it. Review this living will periodically to make sure it continues to reflect your wishes. You may amend or revoke this living will at any time by notifying your physician and other health care providers. You should give copies of this living will to your family, your physician, and your health care facility. This form is entirely optional. If you choose to use this form, please note that the form provides signature lines for you, the two witnesses whom you have selected, and a notary public.

I, __________ direct you to follow my wishes for care if I am in a terminal condition, my death is imminent, and I am unable to communicate my decisions about my medical care.

With respect to any life-sustaining treatment, I direct the following:

(Initial only one of the following options. If you do not agree with either of the following options, space is provided below for you to write your own instructions.)

_ If my death is imminent or I am permanently unconscious, I choose not to prolong my life. If life sustaining treatment has been started, stop it, but keep me comfortable and control my pain.

_ Even if my death is imminent or I am permanently unconscious, I choose to prolong my life.

_ I choose neither of the above options, and here are my instructions should I become terminally ill and my death is imminent or I am permanently unconscious:

Artificial Nutrition and Hydration: food and water provided by means of a tube inserted into the stomach or intestine or needle into a vein.

With respect to artificial nutrition and hydration, I direct the following:

(Initial only one)

_ If my death is imminent or I am permanently unconscious, I do not want artificial nutrition and hydration. If it has been started, stop it.

_ Even if my death is imminent or I am permanently unconscious, I want artificial nutrition and hydration.

(your signature)

Witness ____________________

Address ____________________

Witness ____________________

Address ____________________

On this the ______ day of ________, ______, the declarant, _______________, and witnesses _______________, and _______________ personally appeared before the undersigned officer and signed the foregoing instrument in my presence. Dated this ______ day of ________, ______.

Source: SL 1991, ch 273, § 3; SL 2007, ch 193, § 2.
S.D. Codified Laws § 34-23A-27 — SD Code / Title 34 / Chapter 23A / Section 34-23A-27
Partial-birth abortion prohibited--Violation a felony
Status: in_force

No person may perform a partial - birth abortion which results in the death of a human fetus or infant. A violation of this section is a Class 6 felony.

Source: SL 1997, ch 129, § 1.
S.D. Codified Laws § 34-20F-2 — SD Code / Title 34 / Chapter 20F / Section 34-20F-2
Loose leaf incense defined
Status: in_force

For purposes of this chapter, loose leaf incense includes loose potpourri, loose herbal incense, herbal smoking blends, or similar dried, leafy substances sold or marketed, directly or indirectly, as a relaxation, smoking, or herbal enhancement product. Herbal dietary supplements or remedies and United States Food and Drug Administration approved herbal teas or products are not included as loose leaf incense under this chapter.

Source: SL 2012, ch 185, § 8, eff. Mar. 2, 2012.
S.D. Codified Laws § 34-38-36 — SD Code / Title 34 / Chapter 38 / Section 34-38-36
Power of local governments as to zoning unaffected
Status: in_force

Nothing in this chapter affects the power of any local government to regulate the use of land by zoning. Any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquids at retail locations within areas which are predominately residential and areas used predominately for retail mercantile purposes.

Source: SL 1991, ch 269, § 14; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-12H-5 — SD Code / Title 34 / Chapter 12H / Section 34-12H-5
MOST form part of medical record
Status: in_force

An original or a copy of a MOST form completed and signed in accordance with § 34-12H-4 is a valid medical order for scope of treatment unless revoked. Any health care provider who receives a valid MOST shall make the document part of the patient's medical record.

Source: SL 2019, ch 146, § 5.
S.D. Codified Laws § 34-12-70 — SD Code / Title 34 / Chapter 12 / Section 34-12-70
Palliative care--Informational material
Status: in_force

The Department of Health shall make available on its website informational material governing the provision of palliative care.

Source: SL 2024, ch 128, § 2.
S.D. Codified Laws § 34-3-11 — SD Code / Title 34 / Chapter 3 / Section 34-3-11
Adjacent counties and first and second class municipalities joining district health department
Status: in_force

After the initial formation of a full - time district health department other adjacent counties and municipalities of the first class therein may, by resolution of their governing boards, become a part of such district by agreement with the district board of health.

Source: SL 1953, ch 129, § 5; SDC Supp 1960, § 27.18A05; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34A-5-17 — SD Code / Title 34A / Chapter 5 / Section 34A-5-17
Election on increase in number of trustees
Status: in_force

The board of trustees may by resolution submit to the voters the question of whether the number of trustees shall be increased to five at a special election called for that purpose, or at the next regular election.

Source: SL 1975, ch 220, § 1; SDCL Supp, § 34-17-16.1.
S.D. Codified Laws § 34-24C-1 — SD Code / Title 34 / Chapter 24C / Section 34-24C-1
Program to educate public
Status: in_force

The Department of Health may establish a program to provide education to the public on mammograms.

Source: SL 1991, ch 278, § 1.
S.D. Codified Laws § 34-23A-58 — SD Code / Title 34 / Chapter 23A / Section 34-23A-58
Registry of pregnancy help centers
Status: in_force

The Department of Health shall maintain a registry of pregnancy help centers located in the State of South Dakota. The Department shall publish a list of all pregnancy help centers which submit a written request or application to be listed on the state registry of pregnancy help centers. All pregnancy help centers seeking to be listed on the registry shall be so listed without charge, if they submit an affidavit that certifies that:

(1) The pregnancy help center has a facility or office in the State of South Dakota in which it routinely consults with women for the purpose of helping them keep their relationship with their unborn children;

(2) That one of its principal missions is to educate, counsel, and otherwise assist women to help them maintain their relationship with their unborn children;

(3) That they do not perform abortions at their facility, and have no affiliation with any organization or physician which performs abortions;

(4) That they do not now refer pregnant women for abortions, and have not referred any pregnant women for an abortion at any time in the three years immediately preceding July 1, 2011;

(5) That they have a medical director licensed by South Dakota to practice medicine or that they have a collaborative agreement with a physician licensed in South Dakota to practice medicine to whom women can be referred;

(6) That they shall provide the counseling and interviews described in §§ 34-23A-53 to 34-23A-62 , inclusive, upon request by pregnant mothers;

(7) That they shall comply with the provisions of § 34-23A-59 as it relates to discussion of religious beliefs; and

(8) That they do not place children for adoption.

For purposes of placing the name of a pregnancy help center on the state registry of pregnancy help centers maintained by the Department of Health, it is irrelevant whether the pregnancy help center is secular or faith based. The Department of Health shall immediately provide a copy of the registry of pregnancy health centers to all physicians, facilities, and entities that request it. The registry shall be regularly updated by the Department of Health in order to include a current list of pregnancy help centers and shall forward all updated lists to all physicians, facilities, and entities that previously requested the list. The Department of Health shall accept written requests or applications to be placed on the state registry of pregnancy help centers from pregnancy help centers after enactment but prior to July 1, 2011.

Source: SL 2011, ch 161, § 5; SL 2014, ch 167, § 2.
S.D. Codified Laws § 34-22-23 — SD Code / Title 34 / Chapter 22 / Section 34-22-23
Inspection of records of hospital or laboratory by secretary
Status: in_force

The secretary of health or his authorized agent shall from time to time at his discretion be authorized to inspect any or all records of any facility as is deemed necessary to determine compliance with the provisions of § 34-22-25 .

Source: SL 1968, ch 119, § 1.
S.D. Codified Laws § 34A-5-29.1 — SD Code / Title 34A / Chapter 5 / Section 34A-5-29.1
Adoption by reference of ordinances of contracting municipality
Status: in_force

If the board of trustees of a sanitary district has entered into any contract with any municipality for the purpose of using its facilities for the treatment and disposal of sewage, the sanitary district may, by ordinance, adopt by reference, in whole or in part, the ordinances of the contracting municipality which pertain to the use and regulation of the collection, treatment, and disposal of sewage. Any subsequent changes or additions to such ordinances may thereafter, by ordinance, be adopted by reference, either in whole or in part. Upon the adoption by reference of such ordinances, the clerk of the district shall publish a notice of the fact of adoption once each week for two successive weeks in the official newspaper, setting forth therein the ordinance numbers as designated in the ordinance book of the contracting municipality.

Source: SL 1985, ch 285.
S.D. Codified Laws § 34-12-45 — SD Code / Title 34 / Chapter 12 / Section 34-12-45
Escrow of fees
Status: in_force

Any provider proposing to develop a new continuing care retirement community, which has not previously been in operation in this state, shall establish an escrow account with a bank in this state. Any entrance fees or portions of the entrance fees collected from prospective residents before the commencement of operation of the planned facility shall be deposited in this account. Escrowed deposits may not be released to the provider until completion of construction of the facility as evidenced by certificates of occupancy or other permits to commence operation. Deposits shall be released to prospective residents within thirty days of a receipt of a written notice of cancellation. The provider may retain any accrued interest from canceled deposits and a service fee not to exceed five hundred dollars. A copy of the escrow agreement shall be filed with the director of the Division of Insurance.

Source: SL 1998, ch 206, § 6.
S.D. Codified Laws § 34A-13-22 — SD Code / Title 34A / Chapter 13 / Section 34A-13-22
Monthly fee--Promulgation of rules
Status: in_force

The fee required by § 34A-13-20 must be paid on a monthly basis by all parties subject to the fee. The department shall establish, by rules promulgated pursuant to chapter 1-26 , the time and method of collection, interest on past due amounts, forms and other matters necessary for the collection of the fee.

Source: SL 1988, ch 290, § 22; SL 1995, ch 71, § 192; SL 2024, ch 146, § 11.
S.D. Codified Laws § 34-47-2 — SD Code / Title 34 / Chapter 47 / Section 34-47-2
Effective date of new emergency services district--Election of board--Terms--Election of officers
Status: in_force

If the voters of both the rural fire protection district and ambulance district approve a consolidation pursuant to § 34-47-1 , the districts shall be consolidated into an emergency services district on the following January first. After the voters of each district approve the consolidation and before the consolidation takes effect, the voters of both districts shall meet together and elect a five-member board of emergency services. Board members shall serve until their successors are elected and qualified. Three members of the first board shall serve two-year terms and two members shall serve one-year terms, to be determined by lot at the first board meeting. Subsequent members of the board shall be elected by the voters at the annual meeting to serve two-year terms. Unless otherwise specified, an emergency services district board member election shall be conducted pursuant to chapter 8-3 . At its first meeting each year the board shall elect a president, vice president, and secretary-treasurer.

Source: SL 1995, ch 202, § 2; SL 2010, ch 74, § 27.
S.D. Codified Laws § 34-3-4 — SD Code / Title 34 / Chapter 3 / Section 34-3-4
Officers of county board--Expenses of board members
Status: in_force

The members of the county board of health shall organize by selecting a president and vice - president, and the health officer shall be ex officio secretary. Members of the board shall receive no compensation but shall receive their actual and necessary travel expenses incurred in the performance of their duties.

Source: SL 1953, ch 129, § 3; SDC Supp 1960, § 27.18A03.
S.D. Codified Laws § 34-48A-25 — SD Code / Title 34 / Chapter 48A / Section 34-48A-25
Reimbursement of local governments for employees' expenses and damages
Status: in_force

The state shall reimburse a political subdivision for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as emergency management workers, and for all payments for death, disability, or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of emergency management workers under state control.

Source: SL 1951, ch 285, § 7; SDC Supp 1960, § 41.01C06 (3); SL 1977, ch 271, § 35; SL 1992, ch 236, § 7; SDCL § 33-15-20 .
S.D. Codified Laws § 34A-6-110 — SD Code / Title 34A / Chapter 6 / Section 34A-6-110
Scrap metal business records open to inspection by law enforcement officers
Status: in_force

The record required by §§ 34A-6-108 to 34A-6-112 , inclusive, shall be open to the inspection of any law enforcement officer at all times during the ordinary hours of business or at reasonable times if ordinary hours of business are not kept. The record shall be maintained at the location that the business is conducted for one year following the date of the transaction.

Source: SL 2008, ch 179, § 3.
S.D. Codified Laws § 34-39-3 — SD Code / Title 34 / Chapter 39 / Section 34-39-3
Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant
Status: in_force

The department may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department.

The department shall charge and collect a sixty-eight dollar fee for each test.

Any inspector employed by the department may enter and examine any liquefied petroleum gas plant for safety standard purposes no more than every two years, except for any reinspection resulting from a deficiency. The department shall charge and collect a ninety-four dollar fee for each inspection.

For the purposes of this section, a liquefied petroleum gas plant is a retail distribution facility with a capacity of at least eight thousand gallons.

Revenue from the fees imposed by this section shall be deposited into the general fund. It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 37-21-9.1 , 37-21A-3 , 37-21A-7 , and 37-22-10 , through the General Appropriations Act.

Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1980, ch 267, § 3; SL 1984, ch 29, § 3; SL 1996, ch 218; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2006, ch 187, § 1; SL 2007, ch 224, § 3; SL 2016, ch 183, § 3.
S.D. Codified Laws § 34-12C-9 — SD Code / Title 34 / Chapter 12C / Section 34-12C-9
Insertion of urinary catheter into patient under age sixteen without consent of parent or guardian prohibited
Status: in_force

Notwithstanding any other provision of law a health care provider or any other person authorized to insert a urinary catheter may not insert a catheter into a patient under the age of sixteen without the verbal or written consent of the child's parent or guardian unless it is a medical emergency or a medical necessity.

Source: SL 2018, ch 202, § 1.
S.D. Codified Laws § 34-26-52.1 — SD Code / Title 34 / Chapter 26 / Section 34-26-52.1
Organ donor designation on driver licenses and identification cards--Maintenance and removal of donor designation in department computer records
Status: in_force

The department shall maintain a computer record of donors and shall place the designation on each driver license or identification card subsequently issued to the donor. The department is not required to maintain the physical record of the donor card or application after issuing the driver license or identification card for the donation to be valid.

Upon receipt of a written notice to remove the donor designation the department shall remove the designation from all department computer records and shall give written notice to the holder of the driver license or identification card that the donor designation has been removed from all department computer records.

Source: SL 2013, ch 159, § 3.
S.D. Codified Laws § 34-26A-38 — SD Code / Title 34 / Chapter 26A / Section 34-26A-38
Pre-need authorization to cremate--Retention--Revocation
Status: in_force

Notwithstanding § 34-26-75 , a person may enter into a pre - need contract to authorize the person's cremation and the disposition of their cremated remains. This authorization must be signed by the person and two witnesses.

A contract entered into in accordance with this section must be retained by the other contracting party for the period of time required to fulfill the obligation, plus the additional period set forth in § 34-26A-25.1 .

Any person who enters into a pre-need contract in accordance with this section may revoke the contract by providing written notice of the revocation to the other contracting party.

Source: SL 1988, ch 283, § 38; SL 2023, ch 129, § 30.
S.D. Codified Laws § 34-25-38 — SD Code / Title 34 / Chapter 25 / Section 34-25-38
Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rules
Status: in_force

No person in charge of any premises in which interments are made, shall inter, or permit the interment, disinterment, or other disposition of any body, unless it is accompanied by a burial, removal, disinterment, or transit permit. The Department of Health shall promulgate rules pursuant to chapter 1-26 governing the issuance of permits for disinterment or reinterment of a dead body or fetus.

Source: SDC 1939, § 27.0214; SL 1941, ch 124, § 4; SDC Supp 1960, § 27.0214 (2); SL 1972, ch 194, § 32; SL 1996, ch 215, § 1.
S.D. Codified Laws § 34-20B-52 — SD Code / Title 34 / Chapter 20B / Section 34-20B-52
Civil action for recovery from unlawful distributor--Limitation of actions
Status: in_force

All suits for damages under chapter 34-20C shall be by civil action in any court of this state having jurisdiction thereof, which shall be commenced within two years of the date on which the injury was incurred.

Source: SL 1977, ch 316; SL 1997, ch 203, § 21.
S.D. Codified Laws § 34-45-4.3 — SD Code / Title 34 / Chapter 45 / Section 34-45-4.3
Registration of entity required to collect and remit surcharge
Status: in_force

Any entity required to collect and remit the surcharge imposed pursuant to § 34-45-4 or 34-45-4.2 shall register with the Department of Revenue. There is no registration fee. A registration shall be made upon a form prescribed by the secretary of the Department of Revenue and shall set forth the name under which the applicant transacts or intends to transact business, the location of the place of business, and such other information as the secretary may require.

The department shall issue an identification number to each applicant. This identification number is not assignable and is valid only for the entity to which it was issued. The identification number is valid until canceled or revoked.

Source: SL 2012, ch 188, § 4.
S.D. Codified Laws § 34A-11-10 — SD Code / Title 34A / Chapter 11 / Section 34A-11-10
Notification of hazardous waste activity required--Civil penalty for violation
Status: in_force

Any person generating, transporting, treating, storing, or disposing of a hazardous waste shall file with the secretary of agriculture and natural resources a notification of hazardous waste activities. The notification shall be in accordance with rules promulgated pursuant to chapter 1-26 by the Board of Minerals and Environment. No hazardous waste subject to this chapter may be transported, treated, stored, or disposed of unless notification has been given as required in this chapter.

A violation of 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: SL 1983, ch 262, § 10; SL 1992, ch 158, § 52; SL 1993, ch 256, § 36; SL 2005, ch 10, § 27; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-20-24 — SD Code / Title 34 / Chapter 20 / Section 34-20-24
Laying out of poison in specified places as misdemeanor
Status: in_force

Every person who shall lay out strychnine or other poison within the limits of any municipality, or within one mile of any dwelling house, or any barn, stable, or outbuilding used at the time for the keeping or shelter of horses, cattle, sheep, or swine, or within one - half mile of any traveled highway, is guilty of a Class 1 misdemeanor, except as provided by §§ 34-20-25 to 34-20-28 , inclusive.

Source: PenC 1877, § 450; CL 1887, § 6651; RPenC 1903, § 464; RC 1919, § 3977; SL 1921, ch 328; SL 1937, ch 191; SDC 1939, § 13.1502; SL 1977, ch 190, § 51; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-23A-21 — SD Code / Title 34 / Chapter 23A / Section 34-23A-21
Construction of chapter
Status: in_force

Nothing in this chapter may be construed to repeal, by implication or otherwise, any provision not explicitly repealed.

Source: SL 1973, ch 146, § 17; SL 1993, ch 249, § 10.
S.D. Codified Laws § 34-48A-9 — SD Code / Title 34 / Chapter 48A / Section 34-48A-9
Power to make orders
Status: in_force

In performing his duties under this chapter, and to effect its policy and purpose, the Governor is further authorized and empowered to make, amend, and rescind the necessary orders to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration of the plans of the federal government.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SDC Supp 1960, § 41.01C05 (2) (a); SL 1977, ch 272, § 1; SL 1986, ch 272, § 15; SDCL § 33-15-9 .
S.D. Codified Laws § 34-26-78 — SD Code / Title 34 / Chapter 26 / Section 34-26-78
Court determination against statutory precedence--Considerations
Status: in_force

Notwithstanding §§ 34-26-74 to 34-26-77 , inclusive, the court of the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition, and may make decisions regarding the decedent’s remains if those sharing the right of disposition cannot agree. The following provisions apply to the court’s determination:

(1) If the persons holding the right of disposition are two or more persons with the same relationship to the decedent, and they cannot, by majority vote, make a decision regarding the disposition of the decedent’s remains, any of the persons or a funeral home with custody of the remains may file a petition asking the court to make a determination in the matter;

(2) In making a determination under this section, the court shall consider the following:

(a) The reasonableness and practicality of the proposed funeral arrangements and disposition;

(b) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition;

(c) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition;

(d) The convenience and needs of other families and friends wishing to pay respects;

(e) The desires of the decedent; and

(f) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect;

(3) In the event of a dispute regarding the right of disposition, a funeral home is not liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral home receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. If the funeral home retains the remains for final disposition while the parties are in disagreement, the funeral home may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the court and may add the cost of embalming and refrigeration and sheltering to the final disposition costs. If a funeral home brings an action under this section, the funeral home may add the legal fees and court costs associated with a petition under this section to the cost of final disposition. This section may not be construed to require or to impose a duty upon a funeral home to bring an action under this section. A funeral home and its employees may not be held criminally or civilly liable for choosing not to bring an action under this section; and

(4) Except to the degree it may be considered by the court under subsection (2)(c), the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition does not give that person a greater right to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent does not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have.

Source: SL 2022, ch 113, § 5.
S.D. Codified Laws § 34A-1-18 — SD Code / Title 34A / Chapter 1 / Section 34A-1-18
Emission control and open burning requirements--Local control--Nonconformance as violation
Status: in_force

The Board of Minerals and Environment, for the purpose of controlling pollution, shall by rules promulgated pursuant to chapter 1-26 establish emission control requirements and reasonable requirements for open burning. The requirements may vary from area to area, as may be appropriate to facilitate accomplishment of the purposes of this chapter, and in order to take necessary or desirable account of varying local conditions. Any general prohibition against all open burning shall be determined by each municipality or by each county for areas outside the boundaries of the municipalities. The board may not adopt any rule generally prohibiting all open burning, but any board rule regulating open burning shall be only as is necessary to address a specific problem. Any person who allows an emission which does not conform to a requirement in force pursuant to this section is subject to § 34A-1-39 .

Source: SL 1970, ch 203, § 9; SDCL Supp, § 34-16A-24; SL 1977, ch 280, § 10; SL 1977, ch 281, § 1; SL 1980, ch 238, § 14; SL 1992, ch 158, § 10; SL 1993, ch 256, § 5.
S.D. Codified Laws § 34-26-63 — SD Code / Title 34 / Chapter 26 / Section 34-26-63
Sale or purchase of parts prohibited
Status: in_force

(a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a Class 5 felony.

(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

Source: SL 2007, ch 197, § 16.
S.D. Codified Laws § 34-12D-14 — SD Code / Title 34 / Chapter 12D / Section 34-12D-14
Withdrawal or withholding of treatment neither suicide or homicide
Status: in_force

Death resulting from the withdrawal or withholding of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide on the part of the declarant or a homicide on the part of the attending physician or other health care providers.

Source: SL 1991, ch 273, § 13; SL 2007, ch 193, § 9.
S.D. Codified Laws § 34-20B-32 — SD Code / Title 34 / Chapter 20B / Section 34-20B-32
Waiver of registration requirement by regulation
Status: in_force

The department may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if the department finds it consistent with the public health and safety.

Source: SL 1970, ch 229, § 9 (c); SDCL Supp, § 39-17-75.
S.D. Codified Laws § 34A-6-1.25 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.25
Effect of appeal upon order
Status: in_force

Notwithstanding the provisions of § 1-26-32 , an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause more serious harm to the affected party than granting it will cause to the environment, the public health, or the public interest.

Source: SL 1989, ch 306, § 25.
S.D. Codified Laws § 34-1-24 — SD Code / Title 34 / Chapter 1 / Section 34-1-24
Powers of secretary of agriculture and natural resources unimpaired
Status: in_force

Nothing in this chapter shall be so construed as to interfere with the powers and duties of the secretary of agriculture and natural resources.

Source: SL 1913, ch 109, § 27; RC 1919, § 7674; SDC 1939, § 27.0109; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-11A-28 — SD Code / Title 34 / Chapter 11A / Section 34-11A-28
Change of district boundaries
Status: in_force

The boundaries of any ambulance district organized under the provisions of this chapter may be changed in the manner prescribed for establishment of a district, or the board of directors of an ambulance district may submit a proposed decrease in the size of the district to voters at an annual or special meeting. However, the change of boundaries of a district does not impair or affect the district's organization or right in or to property; nor does the change of boundaries impair, affect, or discharge any contract, obligation, lien, or change for or upon which the district may be liable had the change of boundaries not been made.

Source: SL 1982, ch 259, § 30; SL 2000, ch 32, § 5; SL 2000, ch 165, § 4.
S.D. Codified Laws § 34-18-33 — SD Code / Title 34 / Chapter 18 / Section 34-18-33
Severability of provisions
Status: in_force

If any provisions of this chapter or the application thereof to anyone or to any circumstance is held invalid, the remainder of the chapter and the application of such provisions to other circumstances shall not be affected thereby.

Source: SL 1963, ch 158, § 21.
S.D. Codified Laws § 34-12-35.9 — SD Code / Title 34 / Chapter 12 / Section 34-12-35.9
Authorization to increase number of nursing facility beds
Status: in_force

Notwithstanding the provisions of § 34-12-35.4 , an existing nursing facility as defined in § 34-12-1.1 may increase its number of beds with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive. Any existing nursing facility authorized to increase its number of beds in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive, shall maintain its current Medicaid occupancy rate for the facility's existing beds, and shall maintain an annual minimum Medicaid occupancy rate no less than ten percent below the statewide average at the time rates are established for the newly authorized beds.

Source: SL 2012, ch 178, § 4.
S.D. Codified Laws § 34A-6-56 — SD Code / Title 34A / Chapter 6 / Section 34A-6-56
Approval requirements are retroactive
Status: in_force

The provisions of §§ 34A-6-53 to 34A-6-56 , inclusive, are retroactive to July 1, 1989.

Source: SL 1991, ch 453 (I.M. 1).
S.D. Codified Laws § 34-21-12 — SD Code / Title 34 / Chapter 21 / Section 34-21-12
Adoption and enforcement of rules and regulations
Status: in_force

The agency shall, in compliance with chapter 1-26 , and upon recommendation of the Board of Minerals and Environment, adopt, promulgate, and enforce any rules and regulations as may be necessary to implement or effectuate the powers and duties of the agency under this chapter.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (6); SL 1967, ch 107, § 2; SL 1980, ch 242, § 6.
S.D. Codified Laws § 34-20B-20 — SD Code / Title 34 / Chapter 20B / Section 34-20B-20
Depressants specifically included in Schedule III
Status: in_force

Any material, compound, mixture, or preparation is included in Schedule III that contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Any substance that contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances that are specifically listed in other schedules;

(2) Chloral betaine;

(3) Chloral hydrate;

(4) Chlorhexadol;

(5) Lysergic acid;

(6) Lysergic acid amide;

(7) Methyprylon;

(8) Sulfondiethylmethane;

(9) Sulfonethylmethane;

(10) Sulfonmethane;

(11) Amobarbital, pentobarbital, and secobarbital in suppository dosage form;

(12) Gamma hydroxy butyrate;

(13) Dronabinol in sesame oil and encapsulated in a gelatin capsule in a drug product approved for marketing by the United States Food and Drug Administration;

(14) Buprenorphine;

(15) Embutramide;

(16) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-dihydropyridin-3-yl) benzonitrile], including its salts, isomers, and salts of isomers.

Source: SL 1970, ch 229, § 8 (c) (1); SDCL Supp, § 39-17-63; SL 1973, ch 260; SL 1979, ch 238, § 2; SL 1980, ch 240, § 1; SL 1992, ch 245, § 2; SL 1993, ch 247, § 4; SL 1999, ch 174, § 1; SL 2000, ch 170, § 2; SL 2003, ch 183, § 3; SL 2007, ch 194, § 2, eff. Feb. 1, 2007; SL 2014, ch 165, § 2, eff. Feb. 10, 2014; SL 2018, ch 203, § 4, eff. Feb. 8, 2018.
S.D. Codified Laws § 34-11A-1 — SD Code / Title 34 / Chapter 11A / Section 34-11A-1
Petition by voters or resolution by county commissioners for establishment of district
Status: in_force

If persons in any rural territory request to form, organize, establish, equip, and maintain an ambulance district, the petition shall be presented to the county auditor of each county in which the territory is situated setting forth their desires and purposes. Alternatively, the board of county commissioners in each county where the ambulance district would be situated may initiate formation of the district by resolution.

Source: SL 1982, ch 259, § 1; SL 1998, ch 36, § 19; SL 2003, ch 181, § 1.
S.D. Codified Laws § 34A-9-13 — SD Code / Title 34A / Chapter 9 / Section 34A-9-13
Citation of chapter
Status: in_force

This chapter may be cited as the South Dakota Environmental Policy Act.

Source: SL 1974, ch 245, § 9; SDCL Supp, § 11-1A-13.
S.D. Codified Laws § 34-18-10.5 — SD Code / Title 34 / Chapter 18 / Section 34-18-10.5
Biological filtration system permitted--Water recreation facility--Requirements--Promulgation of rules
Status: in_force

A lodging establishment that has fifteen or fewer sleeping rooms may apply to the department for a permit to use a biological filtration system to filter water in the establishment's water recreational facility. Only an establishment that has been issued a permit under this section may use a biological filtration system in a water recreational facility. A permit issued under this section is valid for one year.

A water recreational facility that uses a biological filtration system must otherwise meet the minimum public health and safety requirements for a water recreational facility, established by the department pursuant to § 34-18-22 .

When applying for a permit, an establishment shall submit to the department a document that demonstrates how the proposed system meets water quality outcomes established by the department.

A biological filtration system must be inspected by the department every year. If a lodging establishment fails an inspection, the department must revoke the permit. An establishment that fails an inspection may not reapply for a permit under this section for one year.

The department shall promulgate rules pursuant to chapter 1-26 to establish:

(1) Application requirements for a permit to use a biological filtration system;

(2) Procedures for reapplying for a permit following a failed inspection;

(3) Requirements for the routine maintenance of a biological filtration system by a lodging establishment;

(4) The permit fee, which may not exceed fifty dollars; and

(5) Water quality testing procedures for biological filtration systems.

For purposes of this section, "biological filtration system" means a system that is approved by the department and filters water using natural processes, including the use of plants, beneficial bacteria, and microbes, and does not rely on continuous chemical disinfectant residuals.

Source: SL 2026, ch 144, § 1.
S.D. Codified Laws § 34-20D-6 — SD Code / Title 34 / Chapter 20D / Section 34-20D-6
Civil liability for sale of product
Status: in_force

No employee or retailer is civilly liable to any injured person or the person's estate for any injury suffered, including any wrongful death, or property damage suffered due to the sale of any pseudoephedrine or ephedrine product in violation of § 34-20D-1 .

Source: SL 2005, ch 178, § 6.
S.D. Codified Laws § 34A-15-5 — SD Code / Title 34A / Chapter 15 / Section 34A-15-5
Conditions of limitations--Efforts to resell property
Status: in_force

No lender - owner or representative may, by virtue of becoming the owner of real or personal property, be liable for any third - party liability arising from contamination or pollution emanating from the property during the period of ownership so long as, and to the extent that:

(1) The lender - owner or representative does not knowingly cause new contamination or pollution or does not knowingly allow others to cause new contamination or pollution;

(2) The lender - owner has caused an environmental professional to conduct a visual inspection of the property and a record search of the recorded chain of title documents regarding the real property for the prior fifty years to determine the presence and condition of hazardous wastes or substances, obvious contamination, or pollution; and

(3) The lender - owner found by the enforcing agency to be in noncompliance with federal or state laws, takes steps to assure compliance with applicable laws.

This section applies to a lender - owner or representative as long as he makes reasonable efforts to resell the property.

Source: SL 1992, ch 261, § 5.
S.D. Codified Laws § 34-23A-64 — SD Code / Title 34 / Chapter 23A / Section 34-23A-64
Sex-selective abortions prohibited--Felony
Status: in_force

No person may knowingly or in reckless disregard perform or attempt to perform a sex-selective abortion. A violation of this section is a Class 6 felony. No penalty may be assessed against the pregnant mother upon whom the abortion is performed or attempted to be performed.

Source: SL 2014, ch 168, § 2.
S.D. Codified Laws § 34A-8A-1 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-1
Definitions of terms in §§34A-8A-2to34A-8A-7
Status: in_force

Terms used in this chapter mean:

(1) "Departments," the Department of Game, Fish, and Parks and the Department of Agriculture and Natural Resources;

(2) "Species of management concern," a species designated by the secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission as a species which shares the dual status of requiring both control and protection.

Source: SL 2001, ch 191, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-11A-19 — SD Code / Title 34 / Chapter 11A / Section 34-11A-19
Estimate certified--Date
Status: in_force

The estimate provided by § 34-11A-18 shall be certified by the president and secretary to any affected county auditor on or before June thirtieth of each year.

Source: SL 1982, ch 259, § 19; SL 2000, ch 165, § 3; SL 2000, ch 166, § 3.
S.D. Codified Laws § 34-11A-17 — SD Code / Title 34 / Chapter 11A / Section 34-11A-17
Contracts with other districts or agencies authorized
Status: in_force

Any ambulance district may elect to enter into a contract with another ambulance district to consolidate or cooperate for mutual service, or may enter into a contract with any federal, state, or local government agency for ambulance service upon suitable terms.

Source: SL 1982, ch 259, § 17.
S.D. Codified Laws § 34A-18-9 — SD Code / Title 34A / Chapter 18 / Section 34A-18-9
Reports regarding spill
Status: in_force

Each crude oil pipeline operator that experiences a spill shall file a written report with the department, within thirty days of discovery of the spill, if the spill:

(1) Is of five gallons or more; or

(2) Causes an explosion or fire; or

(3) Causes the injury or death of any person.

Source: SL 2008, ch 180, § 9.
S.D. Codified Laws § 34A-1-54 — SD Code / Title 34A / Chapter 1 / Section 34A-1-54
Private remedies unimpaired
Status: in_force

Nothing in this chapter abridges, limits, or otherwise impairs the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceedings for damages or other relief.

Source: SL 1970, ch 203, § 15; SDCL Supp, § 34-16A-62; SL 2011, ch 165, § 31.
S.D. Codified Laws § 34-21-40 — SD Code / Title 34 / Chapter 21 / Section 34-21-40
Hearing on emergency order--Finality of order
Status: in_force

Any person aggrieved by the issuance of any emergency order pursuant to § 34-21-39 shall be entitled to a hearing in the same manner as is provided in §§ 34-21-35 to 34-21-38 , inclusive. On the basis of such hearing the emergency order may be continued, revoked, or modified as the circumstances may require. Time limits for giving notice and for such order to become final as provided in §§ 34-21-35 to 34-21-38 , inclusive, shall apply.

Source: SL 1967, ch 107, § 5 (c).
S.D. Codified Laws § 34-29B-10 — SD Code / Title 34 / Chapter 29B / Section 34-29B-10
Periodic inspection of premises--Orders to enforce laws and regulations--Penalties
Status: in_force

The state fire marshal may inspect or cause to be inspected premises as authorized in this chapter on a periodic basis, and may make any orders as may be necessary for the enforcement of the laws and regulations governing the same and for the safeguarding of life and property from fire.

Any owner or occupant failing to comply with such order within a reasonable period after the service of the order may be liable to penalties as provided in this chapter.

Source: SL 1991, ch 283, §§ 10, 12; SL 1991, ch 283, §§ 10, 12.
S.D. Codified Laws § 34-12H-11 — SD Code / Title 34 / Chapter 12H / Section 34-12H-11
Execution or revocation of MOST may not be condition for providing health care
Status: in_force

A health care provider may not require or prohibit the execution or revocation of a MOST as a condition for providing health care.

Source: SL 2019, ch 146, § 11.
S.D. Codified Laws § 34A-3A-24 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-24
Certain animal feeding operations prohibited from locating over shallow aquifer
Status: in_force

No concentrated animal feeding operation that includes a number of animals equal to or greater than one thousand animal units may be located over a shallow aquifer unless a groundwater discharge permit has been approved in accordance with chapter 34A-2 . For purposes of this section, a shallow aquifer is any aquifer having the following characteristics:

(1) The aquifer is within fifty feet or less below the land surface with fifteen feet or less of continuous, overlying, extremely low permeability geologic material, such as clayey till or shale. Weathered till or highly fractured weathered shale is not an extremely low permeability material for purposes of this section; or

(2) The aquifer is greater than fifty feet but less than one hundred feet below the land surface with thirty feet or less of continuous overlying low to extremely low permeability geologic material that may be a combination of weathered and unweathered till, shale, or till and shale.

This section does not apply to any concentrated animal feeding operation that was operating on or before July 1, 1997. This section does not limit or prohibit the expansion of any concentrated animal feeding operation that was operating on or before July 1, 1997.

The provisions of this section do not apply to any county which has officially adopted a comprehensive plan and zoning ordinances pursuant to chapter 11-2 and wellhead protection ordinances pursuant to § 7-18-20 .

Source: SL 1997, ch 210, §§ 1, 2.
S.D. Codified Laws § 34-8A-1 — SD Code / Title 34 / Chapter 8A / Section 34-8A-1
Loans and grants to individuals authorized--Unanimous vote required--Purpose
Status: in_force

Notwithstanding any other provisions of law to the contrary, the board of county commissioners and/or the local governing body may, by unanimous vote of its members, grant, loan, or pay to an individual, upon such terms and on such conditions as the board shall set forth, moneys from any source of funds available to them for the purpose of ensuring the availability of professional medical services within the county.

Source: SL 1973, ch 43, § 1.
S.D. Codified Laws § 34-3B-3 — SD Code / Title 34 / Chapter 3B / Section 34-3B-3
General fund appropriations authorized for drug abuse programs
Status: in_force

For the purpose of carrying out this chapter, the boards of county commissioners shall appropriate money out of the general fund of their respective counties and the governing bodies of municipalities may appropriate money out of the general fund of their respective municipalities.

Source: SL 1973, ch 262; SL 1978, ch 62, § 30; SL 1985, ch 77, § 37.
S.D. Codified Laws § 34-12D-12 — SD Code / Title 34 / Chapter 12D / Section 34-12D-12
Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider
Status: in_force

If an individual's declaration contains a directive to provide treatment or artificial nutrition and hydration under any circumstances, any health care provider who has responsibility for the treatment and care of the individual must provide the directed treatment or artificial nutrition and hydration in those circumstances so long as it is technically feasible. A health care provider who objects to providing such treatment may instead transfer the individual to a health care provider willing to honor the declaration, but must continue to provide the treatment or care until the transfer is effectuated.

Source: SL 1991, ch 273, § 11A; SL 2007, ch 193, § 7.
S.D. Codified Laws § 34-35-18.1 — SD Code / Title 34 / Chapter 35 / Section 34-35-18.1
Landowner prescribed burning--Adjacent to state property bordering Missouri River--Consent required--Written request--Fire suppression and compliance--Liability
Status: in_force

A person that owns land adjacent to state-owned land bordering the Missouri River may burn the state-owned land in conjunction with the person's own land by utilizing prescribed burning, provided the person submits a written request to the department secretary or commissioner in control of the land and receives consent, in writing, stating that the prescribed burn is an appropriate land management technique.

The written request for consent to utilize prescribed burning of the land must:

(1) Indicate that the purpose for the prescribed burning is to control or eradicate woody species and provide grassland management;

(2) Include a description of the person's land and the state-owned land to be burned; and

(3) Provide the timeframe within which the prescribed burn is to occur.

Written consent provided by the department secretary or a commissioner serves as an authorization by the state, for purposes of § 5-4-15 .

A person who receives written consent from the department secretary or a commissioner to burn state-owned land in conjunction with the person's own land shall ensure the availability of reasonable forces and equipment necessary to provide for fire suppression and is responsible for complying with §§ 34-35-9 and 34-35-10 , and with all other applicable laws during the prescribed burn.

A person who receives written consent from the department secretary or a commissioner to burn state-owned land in conjunction with the person's own land assumes all liability for the burn. The state is immune from liability, and no cause of action for damages may arise against the state as a result of a prescribed burn conducted by a person pursuant to this section.

Source: SL 2026, ch 153, § 1, eff. Mar. 9, 2026.
S.D. Codified Laws § 34-12D-17 — SD Code / Title 34 / Chapter 12D / Section 34-12D-17
Revocation of or failure to execute declaration--No presumption created concerning intent
Status: in_force

This chapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withdrawal, or withholding of life - sustaining treatment in the event of a terminal condition.

Source: SL 1991, ch 273, § 16.
S.D. Codified Laws § 34-26A-19 — SD Code / Title 34 / Chapter 26A / Section 34-26A-19
Identification of human remains--Tracking
Status: in_force

The crematory shall have procedures in place to provide for the identification and continuous tracking of human remains throughout the cremation process and until the remains are released.

Source: SL 1988, ch 283, § 19; SL 2023, ch 129, § 17.
S.D. Codified Laws § 34-25-13.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-13.1
Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits
Status: in_force

If the mother was married at the time of conception or birth, or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless:

(1) Paternity has otherwise been determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered;

(2) The mother and the mother's husband execute joint or separate affidavits attesting that the husband is not the father of the child, in which case information about the father shall be omitted from the certificate; or

(3) The mother executes an affidavit attesting that her husband is not the biological father and providing the name of the alleged biological father, the husband executes an affidavit attesting that he is not the biological father, and the alleged biological father executes an affidavit attesting that he is the biological father, then the attesting biological father shall be shown as the father on the certificate.

Affidavits may be joint or individual, and each signature shall be individually notarized.

Source: SL 1972, ch 194, § 11; SL 1993, ch 253, § 2; SL 1997, ch 205, § 3.
S.D. Codified Laws § 34-29A-13 — SD Code / Title 34 / Chapter 29A / Section 34-29A-13
Reinstatement of suspended commission
Status: in_force

A person whose commission has been suspended shall be entitled to apply, after ninety days from the date of suspension, for reinstatement of such commission.

Source: SL 1973, ch 229, § 12.
S.D. Codified Laws § 34-26-52 — SD Code / Title 34 / Chapter 26 / Section 34-26-52
Manner of making anatomical gift before donor's death
Status: in_force

(a) A donor may make an anatomical gift:

(1) By checking a box on the driver license or identification card application authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver license or identification card. The issuance of a driver license or identification card with a donor designation completes the donation process and is effective unless the donor requests removal of the donor designation;

(2) In a will;

(3) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

(4) As provided in paragraph (b).

(b) A donor or other person authorized to make an anatomical gift under § 34-26-51 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) State that it has been signed and witnessed as provided in subdivision (1).

(c) Revocation, suspension, expiration, or cancellation of a driver license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor' death does not invalidate the gift.

Source: SL 2007, ch 197, § 5; SL 2013, ch 159, § 2.
S.D. Codified Laws § 34-21-29 — SD Code / Title 34 / Chapter 21 / Section 34-21-29
Inspection of radiation sources to evaluate compliance--Upgrading monitoring program
Status: in_force

Designated representatives of the agency shall inspect and examine any sources of radiation it desires, in order to evaluate compliance with the adopted radiation - protection and monitoring standards of the agency. If it is determined that environmental monitoring standards of the agency are not being met, the agency shall commence a monitoring program at that site and shall require the site owner to upgrade its monitoring program or cease operations.

Source: SL 1957, ch 122, § 7; SDC Supp 1960, § 27.17A07; SL 1980, ch 242, § 12.
S.D. Codified Laws § 34-25-16.3 — SD Code / Title 34 / Chapter 25 / Section 34-25-16.3
Adoption information on child born out-of-state forwarded to state of birth
Status: in_force

When adoption information is received for a child born in another state, such information shall be forwarded to the appropriate registration authority in the state of birth.

Source: SL 1972, ch 194, § 20.
S.D. Codified Laws § 34A-9-6 — SD Code / Title 34A / Chapter 9 / Section 34A-9-6
Purpose of draft impact statement--Scoping meetings--Form and contents
Status: in_force

The purpose of a draft environmental statement is to inform the public and other public agencies as early as possible about proposed actions that may significantly affect the quality of the environment, and to solicit comments which will assist the agency in determining the environmental consequences of the proposed action. The agency requiring the preparation of the environmental impact statement shall conduct scoping meetings, prior to the preparation of the environmental impact statement, in the county in which the proposed action is to be located to solicit public input on what should be included in the environmental impact statement. The draft environmental statement should resemble in form and content the environmental impact statement to be prepared after comments have been received and considered pursuant to § 34A-9-9 ; however, the length and detail of the draft environmental statement may necessarily reflect the preliminary nature of the proposal and the early stage at which it is prepared.

Source: SL 1974, ch 245, § 3; SDCL Supp, § 11-1A-6; SL 1992, ch 254, § 77.
S.D. Codified Laws § 34-20G-78.1 — SD Code / Title 34 / Chapter 20G / Section 34-20G-78.1
Certain conduct of entity--Misdemeanor
Status: in_force

An entity is guilty of a Class 2 misdemeanor if the entity:

(1) Offers a discount, deal, or other financial incentive for making an appointment with a practitioner for the purpose of receiving a written certification; or

(2) Charges a practitioner's patient based on the duration of a written certification issued to the patient.

Source: SL 2023, ch 123, § 2.
S.D. Codified Laws § 34-31-8 — SD Code / Title 34 / Chapter 31 / Section 34-31-8
Purchase of used motor vehicles and equipment at auctions of surplus property or from utility companies--Cost assistance programs
Status: in_force

Notwithstanding the provisions of § 5-18D-25 , the Department of Public Safety may purchase used motor vehicles and equipment at auctions of federal and state surplus property, or from public and private utility companies, irrespective of whether or not the sellers of the vehicles are licensed dealers as required by § 5-18D-25 , for distribution to fire departments or districts for fire suppression. The department may charge recipients for reasonable direct and indirect costs of providing such rural fire equipment, vehicles, and supplies to counties and rural fire departments or districts. The department may administer federal and state cost assistance programs related to such rural fire protection.

Source: SL 1986, ch 285, § 1; SL 2002, ch 252 (Ex. Ord. 02-1), § 12; SL 2004, ch 237, § 2; SL 2011, ch 2, § 139; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 68, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-45-18 — SD Code / Title 34 / Chapter 45 / Section 34-45-18
911 Coordination Board established
Status: in_force

There is hereby established the South Dakota 911 Coordination Board. The board shall set minimum standards for operation of public safety answering points, determine criteria for reimbursement for nonrecurring costs and the amount of reimbursement, and oversee the coordination of 911 services within the state.

Source: SL 1998, ch 214, § 1; SL 2008, ch 176, § 14.
S.D. Codified Laws § 34-5-6 — SD Code / Title 34 / Chapter 5 / Section 34-5-6
Accounting for expenditures from fund
Status: in_force

The county highway superintendent shall keep in a separate record book a detailed account of all money expended from the county snow removal and special emergency reserve fund directly relating to snow removal, snow damage, prevention of snow accumulation, or purchase and repair of snow removal equipment, showing exact amounts, dates, places, type, and nature of work performed. The expenditure of any other money from said fund as provided in § 34-5-3 shall be accounted for in detail in such a manner as the board of county commissioners shall provide.

Source: SL 1953, ch 32, § 5; SDC Supp 1960, § 12.0617-7; SL 1967, ch 15, § 1.
S.D. Codified Laws § 34-46-28 — SD Code / Title 34 / Chapter 46 / Section 34-46-28
Cigar bar license--Sale or transfer prohibited
Status: in_force

A person issued a license to operate a cigar bar pursuant to § 34-46-22 may not sell or transfer the license to any other person.

Source: SL 2026, ch 154, § 7.
S.D. Codified Laws § 34A-2-10 — SD Code / Title 34A / Chapter 2 / Section 34A-2-10
Classification of waters
Status: in_force

The Water Management Board shall promulgate rules pursuant to chapter 1-26 to establish or modify the classification of all waters in accordance with their present and future beneficial uses.

Source: SL 1973, ch 280, § 4 (2); SDCL Supp, § 46-25-32; SL 1978, ch 260, § 1; SL 1993, ch 256, § 8.
S.D. Codified Laws § 34-21-39 — SD Code / Title 34 / Chapter 21 / Section 34-21-39
Emergency order to protect public health and safety--Immediate effect
Status: in_force

Whenever the secretary finds that an emergency exists requiring immediate action to protect the public health and safety, he may without notice issue an emergency order reciting that an emergency exists and requiring that such action be taken as is necessary to meet the emergency. Such an order may be issued orally to the person or persons whose operation constitutes the emergency by the secretary or his duly authorized representative and confirmed by a copy of such order mailed within twenty - four hours after the issuance of such oral order. Such emergency order shall be effective immediately and any person to whom such order is directed shall comply therewith immediately.

Source: SL 1967, ch 107, § 5 (c).
S.D. Codified Laws § 34A-16-39 — SD Code / Title 34A / Chapter 16 / Section 34A-16-39
Time limit to review plan--Requirements for approval
Status: in_force

The reviewing authority shall complete its review pursuant to § 34A-16-38 and make its decision within ninety days following submission of the plan for review. The reviewing authority shall approve the designation plan if the plan satisfies the requirements of §§ 34A-16-35 to 34A-16-37 , inclusive, or, in the case of designation to disposal facilities, if the reviewing authority finds that the plan has demonstrated that the designation is necessary and is consistent with the comprehensive waste management plan. The reviewing authority may attach conditions to its approval that relate to matters required in a designation ordinance under §§ 34A-16-41 and 34A-16-42 . Any substantive amendment to the plan shall be submitted for review in accordance with this section.

Source: SL 1993, ch 259, § 41.
S.D. Codified Laws § 34-12-5 — SD Code / Title 34 / Chapter 12 / Section 34-12-5
Application for license--Contents--Issuance of license--Denial--Contesting the denial
Status: in_force

Any applicant desiring a license or a license renewal shall file with the State Department of Health an application verified under oath and in a form prescribed by the department. The application shall contain the following:

(1) The name and address of the applicant and operator;

(2) If a firm or corporation, the names and addresses of the principal officers; or if a corporate body, the name of the state under whose laws the corporation is organized;

(3) A description of the facility to include the address and whether the facility is owned, leased, or subleased. A true copy of the lease or sublease shall be attached to the application;

(4) A certification of consent to allow inspections of the health care facility by authorized department inspectors upon presentation of identification during the hours of operation;

(5) Satisfactory evidence of the applicant's ability to comply with the minimum standards of this chapter; and

(6) Any other information which the secretary of the Department of Health considers necessary.

The department shall issue a license to the applicant when it is satisfied that the facts set forth in the application are true and complete and in accordance with the provisions in this chapter and the rules promulgated thereunder. The department may refuse to issue a license upon any of the grounds stated in § 34-12-19 . Upon denial, the department shall advise the applicant of the reasons for denial. The applicant may contest the denial pursuant to chapter 1-26 .

Source: SL 1945, ch 108, § 3; SL 1953, ch 123, § 3; SDC Supp 1960, § 27.1203; SL 1972, ch 15, § 4; SL 1986, ch 278, § 4.
S.D. Codified Laws § 34-14-21 — SD Code / Title 34 / Chapter 14 / Section 34-14-21
Definition of terms used in §§34-14-21to34-14-24
Status: in_force

Terms used in §§ 34-14-21 to 34-14-24 , inclusive, mean:

(1) "Genetic information," information derived from a genetic test about a gene, gene product, or inherited characteristic;

(2) "Genetic test," a test of human DNA, RNA, chromosomes, or genes performed in order to identify the presence or absence of an inherited variation, alteration, or mutation which is associated with predisposition to disease, illness, impairment, or other disorder. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; any test commonly accepted in clinical practice; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;

(3) "Predictive genetic test," a genetic test performed for the purpose of predicting the future probability that the person tested will develop a genetically related disease or disability.

Source: SL 2001, ch 184, § 1.
S.D. Codified Laws § 34-1-26 — SD Code / Title 34 / Chapter 1 / Section 34-1-26
Appeals from Department of Health
Status: in_force

Any person feeling aggrieved by any action of the Department of Health shall have the right to appeal pursuant to chapter 1-26 .

Source: SL 1913, ch 109, § 25; RC 1919, § 7672; SDC 1939, § 27.0114; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-12F-1 — SD Code / Title 34 / Chapter 12F / Section 34-12F-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Cardiopulmonary resuscitation," measures to restore cardiac function or to support breathing in the event of respiratory or cardiac arrest or malfunction. Cardiopulmonary resuscitation includes chest compression, delivering electric shock to the chest, or manual or mechanical methods to assist breathing;

(2) "EMS cardiopulmonary resuscitation directive," an advance medical directive pertaining to the administration of cardiopulmonary resuscitation, which is a medical order based on informed consent, signed by or on behalf of an individual and a physician, a physician assistant, or a certified nurse practitioner, directing emergency medical services personnel to not perform resuscitative measures in the event of respiratory or cardiac arrest or malfunction;

(3) "Emergency medical service personnel," any emergency medical technician at any level as defined in § 36-4B-1 ;

(4) "Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after explanation by a physician, physician' s assistant, or certified nurse practitioner of any information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding.

Source: SL 2004, ch 226, § 1; SL 2005, ch 183, § 1; SL 2017, ch 171, § 50.
S.D. Codified Laws § 34-12-47 — SD Code / Title 34 / Chapter 12 / Section 34-12-47
Notification of escrow accounts
Status: in_force

The provider shall notify the director of the Division of Insurance when the required amount of escrowed deposits have been reached for construction to start. In addition, notice shall be provided to the director of the Division of Insurance when escrowed deposits are released to the provider.

Source: SL 1998, ch 206, § 8.
S.D. Codified Laws § 34-23A-80 — SD Code / Title 34 / Chapter 23A / Section 34-23A-80
Legislative finding that statement in §34-23A-79does not comply with subsection34-23A-10.1(1)(b)
Status: in_force

The Legislature finds that the disclosure in § 34-23A-79 , made at the Planned Parenthood facility in Sioux Falls, South Dakota given to pregnant mothers considering an abortion does not comply with subsection 34-23A-10.1 (1)(b), and is confusing and inaccurate.

Source: SL 2018, ch 205, § 7.
S.D. Codified Laws § 34-12-33 — SD Code / Title 34 / Chapter 12 / Section 34-12-33
Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection
Status: in_force

Upon receipt of a complaint, the Department of Health may enter and inspect any establishment or facility registered or required to be registered pursuant to § 34-12-32 to determine if there are violations of the licensing provisions of this chapter. Before entering an establishment or facility, the department shall obtain the consent of the owner, operator, or person - in - charge, or obtain a court order authorizing entry for the purpose of inspection unless an emergency exists. As used in this section, the term, emergency, means any circumstance which the department has reason to believe exists, which may constitute a hazardous condition that may endanger human life or be seriously detrimental to the health or welfare of residents. As used in this section, the term, person - in - charge, means the person present at a residential care facility who is responsible for its operation. The inspection shall take place during reasonable times and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter. After an inspection is completed, the department may proceed in accordance with § 34-12-34 to cause compliance with this chapter and the rules promulgated thereunder.

Source: SL 1991, ch 272, § 4; SL 1999, ch 172, § 1.
S.D. Codified Laws § 34A-10-3 — SD Code / Title 34A / Chapter 10 / Section 34A-10-3
Security required of plaintiff
Status: in_force

If the court has reasonable ground to doubt the solvency of the plaintiff or the plaintiff's ability to pay any cost or judgment which might be rendered against the plaintiff in an action brought under this chapter, the court may order the plaintiff to post a surety bond or cash not to exceed five hundred dollars.

Source: SL 1973, ch 144, § 3; SDCL Supp, § 21-10A-3; SL 2011, ch 165, § 140.
S.D. Codified Laws § 34A-6-18 — SD Code / Title 34A / Chapter 6 / Section 34A-6-18
County grant of franchises--Approval by voters--Maximum period
Status: in_force

Any county may grant and regulate franchises for the purpose of collection and disposal of solid waste, as solid waste is defined by subdivision 34A-6-1.3 (17), in those parts of the county not subject to the jurisdiction of a municipality. Such franchises may be granted for a part of the county. No franchise is valid unless approved in an election by a majority of the electors voting on the question. Such election shall be held in that part of the county affected by the franchise. Such franchise may not be granted for a longer period than ten years.

Source: SL 1974, ch 244, § 2; SDCL Supp, § 34-16B-17.1; SL 1977, ch 280, § 23; SL 1987, ch 29, § 19; SL 1989, ch 306; SL 1991, ch 24, § 9.
S.D. Codified Laws § 34-5-1 — SD Code / Title 34 / Chapter 5 / Section 34-5-1
Purpose of chapter
Status: in_force

The intent of this chapter is for the accumulation and continuation of a sufficient fund for the use of the respective counties in this state so as to permit in any year the efficient and immediate snow removal on county roads, for repair of damages thereon caused by melting snow, the purchase of equipment for such snow removal and repairs therefor, to meet emergency requirements for the public health and safety in the time of disaster and emergency, and to repay emergency aid grants from the state emergency fund.

Source: SL 1953, ch 32, § 6; SL 1957, ch 30; SDC Supp 1960, § 12.0617-11; SL 1967, ch 15, § 4.
S.D. Codified Laws § 34-20A-70.3 — SD Code / Title 34 / Chapter 20A / Section 34-20A-70.3
Request for order of examination by court-appointed physician or addiction counselor--Order--Notice
Status: in_force

If the person whose commitment is sought is not being detained in a facility under § 34-20A-63 , a request for an examination of the person by a licensed physician or addiction counselor must be filed with the court. The court may order an examination of the person by a licensed physician or addiction counselor and shall provide notice to the person whose commitment is sought of the request for an examination.

Source: SL 2023, ch 117, § 8.
S.D. Codified Laws § 34-26-14 — SD Code / Title 34 / Chapter 26 / Section 34-26-14
Right to custody of dead body--Coroner's custody pending inquest
Status: in_force

The person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it. However, in the cases in which an investigation or inquest is required by law to be held upon a dead body, by a coroner, such coroner is entitled to its custody until such inquest has been completed.

Source: PenC 1877, § 357; CL 1887, § 6558; RPenC 1903, § 362; RC 1919, § 3876; SDC 1939, § 27.1302; SL 1985, ch 191, § 7.
S.D. Codified Laws § 34A-2-15 — SD Code / Title 34A / Chapter 2 / Section 34A-2-15
Violation of pretreatment standards for industrial user--Implementation of Federal Water Pollution Control Act
Status: in_force

Any industrial user of publicly owned treatment works who violates pretreatment standards is subject to § 34A-2-75 . The secretary or the owner of a publicly owned treatment works shall implement all provisions of section 307 of the Federal Water Pollution Control Act as amended to January 1, 2011, including issuing pretreatment industrial user permits to significant industrial users in accordance with §§ 34A-2-30 and 34A-2-36 .

Source: SL 1974, ch 287, § 2; SDCL Supp, § 46-25-34.2; SL 1988, ch 285, § 3; SL 1992, ch 158, § 18; SL 1992, ch 254, § 53; SL 2011, ch 165, § 38.
S.D. Codified Laws § 34A-13-4 — SD Code / Title 34A / Chapter 13 / Section 34A-13-4
Immediate corrective action by department
Status: in_force

To assure an adequate response to a release, the director may take corrective action if the department determines that the release constitutes a clear and immediate danger requiring immediate action to prevent, minimize, or mitigate damage to the public health and welfare or the environment. Before taking any action pursuant to this section, the department shall make all reasonable efforts, taking into consideration the urgency of the situation, to order and permit a responsible person to take a corrective action and notify the owner of real property where the corrective action is to be taken.

Source: SL 1988, ch 290, § 4; SL 2021, ch 163, § 4.
S.D. Codified Laws § 34-27-18 — SD Code / Title 34 / Chapter 27 / Section 34-27-18
Opening grave or breaking building with intent to remove body or coffin as misdemeanor
Status: in_force

Every person who opens any grave or any place of burial, temporary or otherwise, or who breaks open any building wherein any dead body of a human being is deposited while awaiting burial, with intent either:

(1) To remove any dead body of a human being for the purpose of selling the same or for the purpose of dissection; or

(2) To steal the coffin, or any part thereof, or anything attached thereto or connected therewith, or the vestments or other articles buried with the same;

Source: PenC 1877, § 360; CL 1887, § 6561; RPenC 1903, § 365; RC 1919, § 3879; SDC 1939, § 13.1422; SL 1977, ch 190, § 73.
S.D. Codified Laws § 34-29A-8.1 — SD Code / Title 34 / Chapter 29A / Section 34-29A-8.1
Inspection--Liability
Status: in_force

Any boiler inspection required by § 34-29A-7 that is performed by a special inspector authorized pursuant to § 34-29A-6 and conducted incidental to the issuance or renewal of boiler and machinery insurance, may not subject an insurer, its agents, or its employees to any liability for damages for any act or omission in the course of performing the inspection. This section does not apply if the gross negligence of the insurer, its agent, or its employee created the condition that was the proximate cause of the injury, death, or loss.

Source: SL 2021, ch 154, § 1.
S.D. Codified Laws § 34-18-31 — SD Code / Title 34 / Chapter 18 / Section 34-18-31
Precedence over other statutes
Status: in_force

The provisions of this chapter shall have precedence over any other statutes relating directly to the safety and sanitary requirements, inspection and licensing of lodging establishments, campground, food service establishments, temporary food service establishments, and mobile food service establishments.

Source: SL 1963, ch 158, § 19; SL 1970, ch 199, § 18.
S.D. Codified Laws § 34-37-13 — SD Code / Title 34 / Chapter 37 / Section 34-37-13
Permit for use of display fireworks at event--Purchase and use requirements--Violation as misdemeanor
Status: in_force

Nothing in this chapter prohibits the use of display fireworks at a public or private event. A person using display fireworks at a public or private event shall obtain a permit from the governing body of the municipality, township, or county where the display fireworks are to be used. Display fireworks may only be purchased from a wholesaler licensee. Use of display fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1123, 2018 edition. A violation of this section is a Class 1 misdemeanor.

Source: SL 1949, ch 41, § 3; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 8; SL 1983, ch 259, § 11; SL 1992, ch 60, § 2; SL 1998, ch 213, § 9; SL 2019, ch 154, § 17, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-20E-15 — SD Code / Title 34 / Chapter 20E / Section 34-20E-15
Advisory council established
Status: in_force

An advisory council is established to advise and make recommendations to the board regarding how to best use the program to improve patient care and foster the goal of reducing misuse, abuse, and diversion of controlled substances; to encourage cooperation and coordination among state, local, and federal agencies and other states to reduce the misuse, abuse, and diversion of controlled substances; and to provide advice and recommendations to the board regarding any other matters as requested by the board. The advisory council shall serve without compensation. The advisory council may have access to central repository information to fulfill its duties.

Source: SL 2010, ch 175, § 15.