34-1-1.1. Department reorganized and continued.The Department of Health created by this chapter shall comprise the Department of Health established by chapter 1-43, subject to the changes specified in chapter 1-43. Source: SL 1973, ch 2, 214.
34-1-14. Advice and supervision by department.The Department of Health shall have the power:(1)To advise the directors of divisions in all matters pertaining to their duties;(2)To exercise general supervision over all health officers and local boards of health in the state. Source: SL 1895, ch 96, 5; RPolC 1903, 242; SL 1903, ch 217, 2; SL 1913, ch 109, 4; SL 1917, ch 353, 2; RC 1919, 7667 (2); SL 1919, ch 317; SDC 1939, 27.0104 (2); SL 1949, ch 105, 5; SDC Supp 1960, 27.0104 (5), (6).
34-1-16.1. Fee schedule for inspections and licenses--Disposition of fees.The South Dakota Department of Health may establish by regulation a fee schedule not otherwise provided by statute for environmental health inspections and licenses provided by the State Department of Health. The fee established by regulation may not exceed the actual cost involved for supplying such services, including building costs, maintenance, and operation. Fees received for the services as defined in this section shall be deposited in the South Dakota general fund. Source: SL 1970, ch 204, 1, 2; SL 1985, ch 283, 21.
34-1-16. Rules and regulations of Department of Health--Advice to state officials.The Department of Health shall have the power:(1)To make and alter all rules and regulations as may be required in the interest of the public health; and(2)To advise all state officials and boards in matters relating to hygiene and sanitation. Source: SL 1913, ch 109, 4; SL 1917, ch 353, 2; RC 1919, 7667 (2); SL 1919, ch 317; SDC 1939, 27.0104 (2); SL 1949, ch 105, 5; SDC Supp 1960, 27.0104 (3).
34-1-17. Orders, rules, and licensing for protection of public health--Matters covered.The Department of Health may adopt and enforce, subject to chapter 1-26, orders and rules necessary to preserve and protect the public health and may regulate, by requiring licenses or other appropriate means, control, and, in proper cases, prohibit and suppress any of the following matters:(1)The manufacture into articles of commerce, other than food, of diseased, tainted, or decayed animal or vegetable matter;(2)The location of cemeteries and the removal and burial of the dead;(3)The management of lying-in houses and boarding places for infants, and the treatment of infants therein;(4)The construction and equipment, in respect to sanitary conditions, of schools, hospitals, prisons, and other public institutions;(5)The treatment in hospitals and elsewhere of persons suffering from any communicable disease, the disinfection and quarantine of persons and places in case of disease, and the reporting of sickness and deaths from disease;(6)The distribution of biological products to be used for the prevention and treatment of communicable diseases;(7)The diagnosis, control, and treatment of tuberculosis; and(8)The minimum sanitation requirements for tattooing, saline tattoo removal, and body piercing as defined in 9-34-17, including premises, equipment, methods of operation, and freedom from communicable disease. Source: SDC 1939, 27.0104 (3); SL 1949, ch 105, 5; SDC Supp 1960, 27.0104 (4); SL 1963, ch 380, 10; SL 1972, ch 15, 3, 4; SL 1987, ch 29, 65; SL 1992, ch 239, 1; SL 1995, ch 189, 2; SL 2019, ch 55, 2.
34-1-2.2. Public Health Advisory Committee abolished--Performance of functions.The Public Health Advisory Committee is abolished, and its functions set forth in 34-1-16, 34-1-16.1, 34-1-17, 34-1-20, 34-1-21, 34-1-26, and 34-1-27 are transferred to the State Department of Health. Source: SL 1980, ch 371 (Ex. Ord. 80-6), 17.
34-1-20. Right to choose own physician unimpaired by public health programs--Insurance for public employees--Misdemeanor.Hereafter all funds appropriated by the State of South Dakota or otherwise established by the state, or from any other source whatever as a public fund, to be distributed or allotted for any public health program, financed in whole or in part by such public funds or administered or supervised by any public agency controlled by the state or any county, municipality, school district, or other political subdivision, or any corporation or association organized under the laws of the state for the administration of such funds, shall when administered or distributed in payment of services rendered by physicians or licensed chiropractors or optometrists under the provisions of such public health program be so administered or distributed that there shall be no restrictions in the right of any client, officer, employee, or citizen to select any regularly licensed physician, chiropractor, or optometrist of his choice for the performance of services under such program, provided that this section shall in no way affect the provisions of 34-1-21, relating to the powers and duties of the Department of Health relating to the services for crippled children. This section applies to the purchase of any insurance and any contracts entered into after the effective date of this section with health maintenance organizations, preferred provider organizations and individual practice associations by the State of South Dakota, counties, school districts, and municipalities for health care programs or insurance for public officials or employees. Any violation of this section is a Class 1 misdemeanor. Source: SL 1939, ch 106, 1, 2; SDC Supp 1960, 27.0116, 27.9942; SL 1977, ch 190, 5; SL 1988, ch 273.
34-1-21. Participation in and administration of federal health programs under Social Security Act--Discrimination among schools of medicine prohibited.It shall be the duty of the Department of Health and said department is hereby empowered and directed to adopt such rules and regulations as are necessary to participate with the government of the United States in the administration of Title V of the Federal Social Security Act relating to services for crippled children and to maternal and child health services. The Department of Health is hereby designated as the sole state agency within the State of South Dakota to receive and administer and disburse federal appropriations, benefits, grants, and allotments made available to the state under said federal statute together with such funds as may be made available by the state. Said Department of Health is empowered, subject to chapter 1-26, to adopt all rules and regulations and make such orders and findings of fact as are appropriate or necessary to conform to the federal rules and regulations promulgated for the purpose of administering the activities referred to in said federal act and to conform to the rules and regulations of the federal agencies. Whenever the provision of medicinal care or the appointment of physicians shall be contemplated under this section, no standards for service or eligibility for appointment shall give any preference to graduates of any particular school of medicine. Source: SL 1937, ch 231; SDC 1939, 27.0104 (4); SL 1949, ch 105, 5; SDC Supp 1960, 27.0104 (8); SL 1972, ch 15, 3, 4.
34-1-22. Health special services fund authorized--Moneys credited to fund.The state treasurer is hereby authorized to open an account entitled health special services fund to which shall be credited such moneys as may come into the hands of the secretary of health as a result of services rendered any municipality or subdivision of the state, donations to the crippled children's program, refunds received in connection with service to crippled children, such other funds as may come into the hands of the secretary of health for special projects, and such funds as the Legislature may from time to time require to be placed therein pending disbursement. Source: SL 1961, ch 136.
34-1-23. Appropriations and disbursements from health special services fund--Other appropriations unrestricted.The funds described in 34-1-22 are hereby annually appropriated for payment of salaries, travel, and expenditures relating to the sources of revenue, as determined by the secretary of health. The state auditor shall issue warrants upon the funds hereby appropriated upon vouchers approved by the secretary of health. The funds hereby appropriated shall not be construed to be a limitation on money expendable by the State Department of Health for the purposes herein specified, notwithstanding other and further appropriations from the state general fund or other moneys for said or similar purposes. Source: SL 1961, ch 136.
34-1-24. Powers of secretary of agriculture and natural resources unimpaired.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.
34-1-25. Rules and regulations of Department of Health.The Department of Health is authorized and empowered, subject to chapter 1-26, to adopt such rules and regulations not inconsistent herewith as may be necessary for the proper administration of this chapter. Source: SL 1949, ch 105, 8; SDC Supp 1960, 27.0104-1; SL 1972, ch 15, 4.
34-1-26. Appeals from Department of Health.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.
34-1-27. Violation of regulation or direction as misdemeanor.Every person violating any regulation of the Department of Health made pursuant to the provisions of this chapter, or violating any lawful direction of any board of health or health officer is guilty of a Class 1 misdemeanor. Source: SL 1913, ch 109, 5; SL 1917, ch 353, 3; RC 1919, 7668; SDC 1939, 27.9901; SL 1977, ch 190, 6.
34-1-28. Judicial enforcement of process, orders, and regulations of Department of Health.The failure to obey the process, subpoena, order, rule, regulation, judgment, or other legal command of the Department of Health or the violation of any rule, regulation, order, or legal command of the department may be enforced by proper legal proceedings in a court of competent jurisdiction. Source: SL 1949, ch 105, 8; SDC Supp 1960, 27.0104-1.
34-1-7.1. State health officer's position abolished--Performance of functions.The position of state health officer is abolished, and all its functions shall be administered by the secretary of health as provided by 1-43-2. Source: SL 1974, ch 3, 27.
34-1-9. Divisions and personnel.The secretary of health shall establish divisions as may be necessary for the proper functioning of the Department of Health and shall appoint all personnel necessary in the operation of the department pursuant to chapter 3-6D. Source: SL 1949, ch 105, 2; SL 1951, ch 134, 3; SL 1957, ch 115, 2; SDC Supp 1960, 27.0102; SL 2018, ch 12, 13.
34-3-1. Establishment of county department authorized--Definition of full-time health department.The board of county commissioners of any county of this state may establish within its county a full-time county health department and provide for the maintenance thereof. Full-time health departments shall be construed to be an organization under the immediate direction of a health officer and employing trained public health personnel who shall devote their entire working time to the prevention of disease and the promotion of public health. Source: SL 1953, ch 129, 1; SDC Supp 1960, 27.18A01.
34-3-10. Full-time district health department defined.A full-time district health department shall be construed to be a department organized to serve contiguous territory in two or more adjacent counties, and which shall be under the immediate direction of a health officer and employing trained public health personnel who shall devote their entire working time to the prevention of disease and the promotion of public health, provided that physicians may be employed on a part-time basis to act as assistant health officers. Source: SL 1953, ch 129, 5; SDC Supp 1960, 27.18A05.
34-3-11. Adjacent counties and first and second class municipalities joining district health department.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.
34-3-13. Appointing committee for district board of health--Number of members appointed to board.When two or more counties unite to form a full-time district health department a district board of health shall be created in the following manner: an appointing committee shall be formed, consisting of a representative of each governing board of each participating county and first or second class municipality, to be elected by such governing board. Counties and municipalities which become a part of such district after its initial formation shall have a representative on the appointing committee, to be selected in the same manner. Such committee shall appoint a district board of health consisting of five members, one of whom shall be a physician practicing in the district. When the number of counties and municipalities participating in the maintenance of such health department is five or less, then a qualified elector from each such participating county and municipality shall be appointed to the board. Source: SL 1953, ch 129, 6; SDC Supp 1960, 27.18A06; SL 1992, ch 60, 2.
34-3-14. Terms of office of district board members.Originally one member of the district board of health shall be appointed for one year, one member for two years, one member for three years, one member for four years, and one member for five years. Upon the termination of the term of appointment, members shall thereafter be appointed for a term of five years. Vacancies which occur on the district board of health shall be filled for the unexpired portion of the term of the vacated member by appointment as provided in 34-3-13. Source: SL 1953, ch 129, 6; SDC Supp 1960, 27.18A06.
34-3-15. Officers of district board--Expenses of board members.The membership of the district board of health shall elect a president and a 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, 6; SDC Supp 1960, 27.18A06.
34-3-16. Office of district health department--Supplies and personnel.The district board of health shall designate the location of and shall provide the office for the district health department and shall furnish it with the necessary equipment, supplies, and personnel. Source: SL 1953, ch 129, 10; SDC Supp 1960, 27.18A10.
34-3-17. Board meetings where full-time department maintained.The board of health of a full-time county or district health department shall meet at such times and at such places as the county or district health officer may designate but in no instance shall meetings be held less than semiannually. The health officer shall call a meeting when requested to do so by a majority of the members of the board. Source: SL 1953, ch 129, 9; SDC Supp 1960, 27.18A09.
34-3-18. Health officer and personnel for full-time department.Full-time county and district boards of health shall employ a full-time health officer whose term of office shall be four years, and such other personnel as may be determined by the State Department of Health to be needed to efficiently carry on the work of the county or district department. Source: SL 1953, ch 129, 11; SDC Supp 1960, 27.18A11.
34-3-19. Part-time health officer for full-time department.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.
34-3-2. Election on establishment of department by adjacent counties--Establishment in other counties after failure in one county.One or more adjacent counties may submit to the electors of said counties at a general or special election, the question of establishing a county health department. Upon affirmative majority vote in each county, such department may be jointly created. In the event any one county does not return a majority vote, nothing herein shall prevent the other county or counties from so creating said department. Source: SL 1953, ch 129, 1; SDC Supp 1960, 27.18A01.
34-3-20. State grants for maintenance of full-time health departments--Contributions by other agencies.The State Department of Health is hereby authorized to use funds which it may receive for public health purposes from federal or other governmental agencies or from nongovernmental agencies both within or without the state for the purpose of making grants to counties or districts for the maintenance of full-time health departments. Municipalities, school boards, and other official or nonofficial agencies shall also be permitted to contribute funds toward the maintenance and operation of said departments. All activities carried out through the use of funds so contributed shall be under the direction of the full-time health officer. Source: SL 1953, ch 129, 12; SDC Supp 1960, 27.18A12.
34-3-21. Contractual arrangements for services to adjacent counties--Funds provided--Powers of board in adjacent county.County commissioners are hereby authorized to arrange by contractual agreements with one or more existing boards of health operating full-time health departments for services for any part or parts of the county adjacent to such full-time health departments. For this purpose such county commissioners are authorized to provide funds as provided in 34-3-22. Whenever such contracts are made, the contracting board of health is declared to be the board of health for the designated area with all the powers and duties of boards of health as set forth in this chapter. Source: SL 1953, ch 129, 12; SDC Supp 1960, 27.18A12.
34-3-22. Departmental funds provided from general fund of participating subdivisions.Funds for operation and maintenance of full-time health departments shall be derived from the general fund of the participating political subdivisions. Source: SL 1953, ch 129, 13; SDC Supp 1960, 27.18A13; SL 1978, ch 62, 28.
34-3-23. Operating costs apportioned among participating counties--Population as basis for apportionment.In the case of a full-time district health department the cost of operating and maintaining the department, over the estimated moneys available from surpluses, grants, and donations, shall be apportioned by the district board of health among the counties comprising the district. Apportionment shall be on the basis of population, as determined by the State Department of Health in its most recent mid-year census estimate, of each county in proportion to the total population of all counties comprising the district. Source: SL 1953, ch 129, 13; SDC Supp 1960, 27.18A13; SL 1966, ch 77.
34-3-24. Annual budget estimates for full-time department--Hearings and approval of budget.A full-time county or district board of health shall, at least two weeks before the dates specified by law for the setting up of official budgets, estimate the total cost of operating and maintaining the department for the ensuing fiscal year and the amount of moneys that may be available from unexpended surpluses and from grants or donations from all other sources. The estimates shall be submitted to the governing boards of the participating political subdivisions which shall consider these data as the budget request of such board for the ensuing fiscal year. The governing boards of the participating political subdivisions shall, with respect to each such full-time county or district board of health, hold a public joint hearing on such budget request for purposes of approving, with or without modifications, the amount of moneys to be made available within the operating budgets for operating and maintaining the department for the ensuing fiscal year. Source: SL 1953, ch 129, 13; SDC Supp 1960, 27.18A13; SL 1966, ch 77; SL 1985, ch 77, 36.
34-3-25. District funds held by treasurer of largest county--Disbursements.In the case of a full-time district health department, all funds made available for the operation of such department from all sources shall be deposited with the county treasurer of the participating county having the largest population as determined by the most recent federal census. Said county treasurer shall set up a separate district health department fund from which disbursements shall be made upon vouchers certified by the district health officer in the manner specified by law for the disbursement of county funds. Source: SL 1953, ch 129, 13; SDC Supp 1960, 27.18A13.
34-3-26. Powers of county board and superintendent vested in full-time department.The powers and duties of the board of health in a full-time county or district health department shall be the same as those specified for county boards of health and the superintendents thereof as provided for by chapter 34-16. Source: SL 1953, ch 129, 8; SDC Supp 1960, 27.18A08; SL 2002, ch 168, 5.
34-3-27. Withdrawal from district department by county or first or second class municipality--Restrictions on withdrawal--Vacancies on district board.Any county or first or second class municipality participating in a full-time district health department may withdraw from the department and board by resolution of its governing board providing no such withdrawal may occur within one year of the date of establishment of the department or the date of entrance of said county or municipality into said department. It is further provided that no withdrawal shall occur during any fiscal year for which a budget has been approved and in no instance until ninety days' prior written notice of such withdrawal has been given to the district board of health.When a participating county or municipality withdraws from a district health department its representative on the appointing committee shall also withdraw therefrom and any positions held by its representatives on the district board of health shall be declared vacant and the vacancy or vacancies so created shall be filled as provided in 34-3-3. Source: SL 1953, ch 129, 7; SDC Supp 1960, 27.18A07; SL 1992, ch 60, 2.
34-3-3. County board where full-time department maintained--Appointment and terms of members.There shall be created in each county maintaining a full-time county health department, a county board of health consisting of seven members to be appointed by the county commissioners as follows: One member shall be a member of such board of county commissioners, appointed for one year at the first official meeting of such board in each calendar year; one member shall be a practicing physician and shall hold office for a term of four years; five members are to be selected from the electors of the county to hold office for terms of five years each, except that the initial term shall be staggered in such manner that the term of one board member so chosen shall expire each year. Vacancies occurring on the county board of health shall be filled by appointment by the board of county commissioners for the unexpired term affected. Source: SL 1953, ch 129, 3; SDC Supp 1960, 27.18A03; SL 1977, ch 276.
34-3-4. Officers of county board--Expenses of board members.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.
34-3-5. Merger of city and county health services in full-time department--City representative on board.Any municipality of the first class located within a county wherein a full-time county health department has been or is being established, may by mutual agreement between its governing body and the board of county commissioners of said county, merge its health service with such county department and participate in the financial maintenance of such county department to the extent of such agreement, and thereupon the county department shall have full supervision and control over all matters pertaining to public health in said municipality. Whenever a municipality of the first class shall merge with the county department, the mayor or member of the governing body of such municipality by it selected, shall become a member of the county board of health and shall be in addition to the members provided in 34-3-3. Source: SL 1953, ch 129, 2, 3; SDC Supp 1960, 27.18A02, 27.18A03; SL 1992, ch 60, 2.
34-3-6. Departmental funds deposited with county treasurer--Disbursements.In the case of a full-time county health department, all funds made available for the operation of such department from all sources shall be deposited with the county treasurer who shall disburse said funds as provided by law upon vouchers certified by the health officer. Source: SL 1953, ch 129, 13; SDC Supp 1960, 27.18A13.
34-3-7. Departmental funds deposited with treasurer of participating first or second class municipality--Disbursements.When a municipality of the first class participates in the operation of a full-time county health department, the funds made available for the operation of said department may, by mutual agreement between the governing body of said municipality and the board of county commissioners, be deposited with the treasurer of said municipality, to be disbursed by him in the manner provided in 34-3-6. Source: SL 1953, ch 129, 13; SDC Supp 1960, 27.18A13; SL 1992, ch 60, 2.
34-3-8. Dissolution of full-time county department--Withdrawal of first or second class municipality from participation.A full-time county health department may be dissolved by resolution of the board of county commissioners, and a first or second class municipality may withdraw from such department by resolution of its governing body, at any time after one year from the establishment of the department, or merger therewith, as the case may be; provided that no dissolution or withdrawal shall occur during any fiscal year for which a budget has been approved therefor, and in no case until ninety days' prior written notice thereof has been given the county board of health. Source: SL 1953, ch 129, 4; SDC Supp 1960, 27.18A04; SL 1992, ch 60, 2.
34-3-9. District health department established by counties and first and second class municipalities--City contributions.Two or more adjacent counties and municipalities of the first class located therein may, by mutual agreement of their governing boards, establish and maintain a full-time district health department. When municipalities of the first class desire to cooperate in the maintenance of a full-time district health department, they shall contribute financially in such amount as may be agreed upon by the governing board of the municipality concerned and the county commissioners for the county in which such municipality is located. Such municipality funds shall be considered as contributing to the county's proportionate share of the total district health department budget. Source: SL 1953, ch 129, 5; SDC Supp 1960, 27.18A05; SL 1992, ch 60, 2.
34-3A-1. Special revenue funds authorized.The counties and municipalities are hereby authorized to establish a home health agency services special revenue fund. Source: SL 1968, ch 26.
34-3A-2. Fees paid into special revenue fund.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.
34-3A-3. Fees receivable by counties and municipalities.The counties and municipalities are hereby authorized to receive the amount of fees to be charged for such services, that may be received from the patient, home health insurance benefits as provided by the Social Security Act and any amendments thereto, State Department of Social Services, other insurance programs, governmental agencies, private health and welfare agencies and associations. Source: SL 1968, ch 26.
34-3A-4. Expenditures from special revenue fund.Expenditures from such fund shall be used to assist in paying the salaries and expenses of such employees and all other reimbursable expenditures may be made without any additional appropriation authorization by the governing body. Source: SL 1968, ch 26.
34-3A-5. Health service contracts with public or private agencies--Expenditures from special revenue fund.The board of county commissioners or the governing bodies of a municipality may contract for health services with any public or private agency and expend funds for such purpose from the special revenue fund authorized by 34-3A-1. Source: SL 1976, ch 210, 1.
34-3A-6. Appropriations from general funds for contract purposes.In lieu of, or in addition to, the expenditures authorized from the special revenue fund pursuant to 34-3A-5, such board of county commissioners or the governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities for the purposes of 34-3A-5. Source: SL 1976, ch 210, 2.
34-3B-1. Drug abuse prevention and rehabilitation programs authorized--Scope--Contributions to nonprofit organizations.The boards of county commissioners of the several counties and the governing bodies of municipalities are authorized to:(1)Create and operate programs for alerting area citizens to the present incidence, causes and nature of misuse and abuse of drugs, including alcohol, and substances and their effects;(2)Create and apply broad, coordinated, and effective remedial programs to reduce the drug misuse and abuse problem, including preventive and rehabilitative countermeasures to the drug misuse and abuse problem;(3)Institute both preventive and rehabilitative community programs among youth and adult groups; and(4)Contribute sums of money annually to establish, promote, and support nonprofit organizations engaged in preventive or rehabilitative community programs among youth or adult groups. Source: SL 1973, ch 262.
34-3B-3. General fund appropriations authorized for drug abuse programs.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.
34-3B-4. Programs of nonprofit organizations to be approved--Records and audits.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.
34-4-5. Employment of nursing personnel by county commissioners.The board of county commissioners of any county may at any time when in their judgment and discretion the public health and interests of such county will be benefited thereby, employ nursing personnel as defined in chapter 36-9. Source: SL 1919, ch 149, 4; SDC 1939, 27.2004; SL 1978, ch 245, 2.
34-5-1. Purpose of chapter.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.
34-5-10. Distressed food defined.As used in 34-5-9 to 34-5-18, inclusive, unless the context otherwise requires, "distressed food" means all food, food products, drugs, alcoholic or nonalcoholic beverages, nonedible products expected to be used in or around the home kitchen, medicines, and related items that have been subject to possible contamination from fire, flood, tornado, windstorms, train, or vehicle accidents. This shall include damage or contamination caused by shipping, handling, or storage errors or accidents; or product contamination by spillage of toxic material, poisons, pesticides, petroleum products or their derivatives, or other deleterious substance that may be injurious to health. Source: SL 1974, ch 241, 1 (7).
34-5-11.1. Examination of food as necessary--Ordering removal from availability.Food may be examined by the department as often as may be necessary to determine freedom from adulteration. The Department of Health may, upon written notice to the owner, order removal of adulterated food from availability for human consumption. Source: SL 1980, ch 238, 5.
34-5-11.2. Hearing--Destroying or denaturing order--Judicial review.The owner may request a hearing, pursuant to chapter 1-26, which must be granted and held within ten days of a removal order. Based upon the hearing, the Department of Health may issue a destroying or denaturing order. The owner may appeal to the circuit court within three days of the order. Source: SL 1980, ch 238, 6.
34-5-11. Investigations by secretary--Right of entry.The secretary shall have the authority to investigate all known disasters or situations that may have resulted in distressed food pursuant to 34-5-10. This authority shall include the right, at any reasonable time, to enter any facility or area, to examine merchandise, records, and equipment. Source: SL 1974, ch 241, 3.
34-5-12. Unauthorized removal of distressed food as misdemeanor.No person shall remove, salvage, destroy, or convert for personal use any distressed food at the site of a disaster without consent of the secretary. A violation of this section is a Class 1 misdemeanor. Source: SL 1974, ch 241, 4; SL 1977, ch 190, 9.
34-5-13. Removal of food by law enforcement officers allowed when necessary.Sections 34-5-9 to 34-5-18, inclusive, do not prevent any state, county, or municipal law enforcement officer from supervising the moving of distressed food to a temporary holding area when such movement is necessary for highway safety or protection and control of the distressed food. Source: SL 1974, ch 241, 5.
34-5-14. Interdepartmental agreements authorized--Purpose.The secretary is hereby authorized to enter into mutual agreements with secretaries of other state departments to provide better utilization of personnel in administration of 34-5-9 to 34-5-18, inclusive, and in any emergency where preassigned functions may have been delineated. Source: SL 1974, ch 241, 6.
34-5-15. Rules and regulations--Hold orders or condemnation--Misdemeanor.The Department of Health may promulgate and the secretary of health shall enforce rules and regulations, under the provisions of chapter 1-26, governing the control, movement, sorting, embargo, buying, selling, storage, and salvage of distressed food. The department may use hold orders or condemnation if adulteration is present. A violation of those rules is a Class 1 misdemeanor. Source: SL 1974, ch 241, 2, 7; SDCL Supp, 34-5-16; SL 1977, ch 190, 10; SL 1980, ch 238, 4.
34-5-17. Severability of provisions.If a part of 34-5-9 to 34-5-18, inclusive, is invalid, all valid parts that are severable from this invalid part remain in effect. If a part of said sections is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. Source: SL 1974, ch 241, 8.
34-5-18. Citation of provisions.Sections 34-5-9 to 34-5-18, inclusive, may be cited as the South Dakota Distressed Food Act. Source: SL 1974, ch 241, 9.
34-5-2. County levy for snow removal and special emergency reserve fund--Collection of levy.The board of county commissioners may establish a county snow removal and special emergency reserve fund by the levy of a tax up to but not exceeding one dollar and twenty cents per thousand dollars of taxable valuation within the county. The tax levy authorized by this section is in addition to all other county tax levies. All money collected and received under the provisions of this tax levy shall be remitted at the times and in the manner required by the laws of this state relating to counties. Source: SL 1953, ch 32, 1, 5; SDC Supp 1960, 12.0617-7; SL 1967, ch 15, 1; SL 1989, ch 87, 15A.
34-5-3. Purposes for which reserve fund used.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.
34-5-4. Determination of necessity for snow removal--Emergency and disaster declared by Governor or county commissioners.The board of county commissioners with the county highway superintendent shall be the sole judges as to the necessity, need, and emergencies for snow removal operations and repairs, and shall exercise full discretion with decisions relative thereto. To expend money from said fund as otherwise provided in 34-5-3, the Governor or the board of county commissioners by a resolution duly adopted must declare that a time of emergency and disaster exists. Source: SL 1953, ch 32, 3; SDC Supp 1960, 12.0617-9; SL 1967, ch 15, 3.
34-5-5. Authorization and approval of money paid from fund.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.
34-5-6. Accounting for expenditures from fund.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.
34-5-7. Accumulation of unexpended balances in fund--Diversion for other purposes prohibited.Any unexpended balance remaining in the county snow removal and special emergency fund at the end of the fiscal year shall be allowed to accumulate as a reserve fund and available for future use as set forth in 34-5-3. No part of the fund created under 34-5-2 shall revert to the general funds of the county nor shall any of said fund be used for any other purposes. Source: SL 1953, ch 32, 4; SDC Supp 1960, 12.0617-7; SL 1967, ch 15, 1.
34-5-9. Definition of terms related to distressed food.Terms as used in 34-5-9 to 34-5-18, inclusive, unless the context otherwise requires, mean:(1)"Department," the Department of Health;(2)"Person," an individual, partnership, copartnership, cooperative, firm, company, public or private corporation, or any other legal entity, or their legal representative, agent, or assigns;(3)"Salvage," the recovery, cleaning, sorting, sanitizing, and otherwise preparing distressed food for possible human use;(4)"Salvage operator," includes any person who buys, sells, handles, transports, or otherwise deals in distressed food;(5)"Secretary," the secretary of the Department of Health. Source: SL 1974, ch 241, 1.
34-8-1. Establishment and maintenance of county hospital authorized--Types of institutions included.The board of county commissioners in any county in this state may establish and maintain or lease to be maintained a county hospital for the care and treatment of county charges, and such other persons as may apply for admission to such hospital. In this chapter, the term "hospital" may be construed to mean a hospital, a medical facility and its equipment, a nursing facility or a home for the aged, or any building used or to be used for any two or more of these purposes. Source: SL 1909, ch 265, 1; SL 1911, ch 110; RC 1919, 7694; SL 1919, ch 282; SL 1929, ch 210, 1; SDC 1939, 27.1901; SL 1953, ch 125; SL 1955, ch 95, 1; SL 1959, ch 133; SL 1969, ch 108, 1; SL 1982, ch 258, 1.
34-8-10. Leasing in lieu of county operation of hospital--Bond required.The board of county commissioners, instead of maintaining and operating said hospital in the name of the county, may call for bids for the leasing thereof for a term of years, to competent and responsible societies or corporations, which shall furnish a sufficient bond to be approved by the board of county commissioners, for the proper fulfillment of all the terms of the lease; in which case the county shall be released from responsibility in the maintenance and operation thereof and from any debt incurred thereby. Source: SL 1919, ch 282; SL 1929, ch 210, 11; SDC 1939, 27.1907.
34-8-11. County hospital as public hospital--Charges paid from county general fund--Collection of accounts.Every county hospital established and maintained under the provisions of this chapter shall be kept and maintained as a public, county hospital. It may charge a reasonable price for the use of such hospital and its facilities to such persons being residents of the county as may be determined by the board of county commissioners to be county charges without means and in that event the cost of such services at such hospital shall be paid to the hospital fund from the general fund on behalf of such county charges. It may also collect accounts which are due and it may employ collection agencies or attorneys on a contingent fee basis or may assign the claim for collection. Source: SL 1919, ch 282; SL 1929, ch 210, 10; SDC 1939, 27.1906; SL 1949, ch 108, 1; SL 1957, ch 120; SL 1965, ch 129; SL 1983, ch 254; SL 1985, ch 77, 17.
34-8-12. Rules governing admission to hospital--Reimbursement of county for cost of care--Costs paid from general fund.The board of county commissioners shall establish rules, not inconsistent with the laws of this state, covering the admission of persons to the county hospital provided for in 34-8-1, and shall require every person admitted to such hospital to pay the county the cost of his care therein, all moneys so received to be credited to the county general fund. In the case of poor and indigent persons, the board shall pay the cost of the care of such persons out of the general fund. Source: SL 1909, ch 265, 2, 3; RC 1919, 10046; SDC 1939, 50.0108; SL 1985, ch 77, 18.
34-8-13. Receipts for payments to hospital.Triplicate receipts shall be issued by the secretary of the board of trustees for all moneys received, showing the amount of money received, the date of its receipt, and the person from whom, and the purpose for which it was received. The original of such receipt shall be delivered to the payor, one copy thereof shall be delivered to the county treasurer, and one copy retained in the files of the board of trustees after having been audited and approved by the board of county commissioners. Source: SL 1919, ch 282; SL 1929, ch 210, 9; SDC 1939, 27.1905.
34-8-14. Lien of county for hospital costs paid from poor fund.Whenever any county within this state shall become obligated to and does pay the hospital bills and charges for any of the persons defined in 34-8-11 as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal except property absolutely exempt from seizure and sale, of such persons defined herein, for all sums expended therefor by any county; such lien shall be established, recorded and foreclosed as provided by chapter 28-14, and all the provisions of said chapter are hereby made applicable thereto. Source: SDC 1939, 27.1906 as added by SL 1949, ch 108, 2; SL 1957, ch 120.
34-8-15. Lien for cost of hospital services provided persons other than county charges.Whenever any county within this state, maintaining and operating a hospital under the provisions of this chapter, is requested to and does furnish the use of its hospital and its facilities to any person or to any member of such person's family, who may be other than persons defined as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal, except property absolutely exempt from seizure and sale, of such person who receives the use of such hospital and its facilities for the cost of the services charged to such person for the use of such hospital and its facilities. Source: SDC 1939, 27.1906 as added by SL 1957, ch 120.
34-8-16. Termination of lien for hospital charges.The lien provided for in 34-8-15 shall cease at the end of ninety days after the rendering of the last service or the last use of the facilities of such hospital, unless the board of county commissioners shall direct the county auditor to cause to be filed with the register of deeds the verified statement provided for in 34-8-17. Source: SDC 1939, 27.1906 as added by SL 1957, ch 120.
34-8-17. Filing of statement of hospital charges--Indexing and notice of lien.Whenever directed by the board of county commissioners, of the county maintaining and operating a hospital under the provisions of this chapter, the auditor of said county shall cause to be filed in the office of the register of deeds of such county a verified statement containing the name of any such person, other than a county charge without means, receiving the use of such hospital and its facilities, including the name of the person obligated for the support of such person if it be other than the recipient of the services, together with the amount of the charges for the services rendered. Upon the filing of such statement the register of deeds shall index the same in a record to be provided for the purpose, and from the time of the filing thereof it shall constitute actual notice to all persons of the lien as provided in 34-8-15. A certified copy of such statement may be filed in the office of the register of deeds of any county in the state, and shall be filed and indexed as a part of the public aid to poor lien records of such county; and from the time of filing thereof shall constitute actual notice to all persons of a lien upon any property of said person in said county to the extent as provided in 34-8-15. Source: SDC 1939, 27.1906 as added by SL 1957, ch 120.
34-8-18. Foreclosure of lien for hospital charges.The lien provided by 34-8-15 shall be foreclosed as provided by chapter 28-14, and all property acquired by the county upon any such foreclosure shall be disposed of as provided by said chapter. Source: SDC 1939, 27.1906 as added by SL 1957, ch 120.
34-8-19. County levy for operation and maintenance of hospital.The board of county commissioners of any county maintaining, operating, or leasing to any organization a county hospital shall appropriate from the general fund an amount sufficient to operate and maintain the county hospital. Source: SDC 1939, 27.1909 as enacted by SL 1951, ch 133; SL 1964, ch 89; SL 1966, ch 79; SL 1975, ch 217; SL 1980, ch 239; SL 1985, ch 77, 19.
34-8-2. County bonds authorized for hospital purchase, construction or equipment--Maximum amount--Annual tax--Issuance--Sale.The board of county commissioners in any county in this state may issue the bonds of the county for the purpose of purchasing an existing hospital and site, upon an appraisal by a board established by usual procedure with or without equipment and supplies, or other suitable buildings and site, or for the purpose of purchasing a site for a hospital and for the erection, equipment, and maintenance thereof, in either event, or for the construction and equipment of one or more additions and improvements to an existing hospital. No county may issue its bonds under the provisions of this section in excess of two percent of its assessed valuation of the taxable property therein for the year preceding that in which the indebtedness is incurred. A continuing annual tax shall be levied for the payment of the bonds and interest thereon in accordance with 7-24-18. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B. Source: RC 1919, 7694 (1) as enacted by SL 1919, ch 282; SL 1929, ch 210, 1; SDC 1939, 27.1901; SL 1953, ch 125; SL 1955, ch 95, 1; SL 1959, ch 133; SL 1982, ch 258, 2; SL 1984, ch 43, 110.
34-8-20. Monthly payment of hospital receipts into fund--Use of surplus in fund.The board of trustees shall at least once in each month pay to the county treasurer all moneys received by them as hospital fees or otherwise, which shall be by him deposited in the county hospital fund, which fund shall be available for the payment of any expenses incurred in operating such county hospital. The county commissioners may appropriate by resolution any surplus moneys in the county hospital fund for the purpose of constructing or renovating hospital facilities or equipping such facilities. Source: SL 1919, ch 282; SL 1929, ch 210, 9; SDC 1939, 27.1905; SL 1970, ch 196; SL 1985, ch 77, 20.
34-8-22. Warrants for disbursements from hospital fund.Warrants drawn by the board of county commissioners for the payment of expenses of operating and maintaining the hospital shall be upon vouchers approved and signed by the president and secretary of the board of trustees. Source: SL 1919, ch 282; SL 1929, ch 210, 9; SDC 1939, 27.1905.
34-8-23. County wards in other hospitals--Appropriation.The board of county commissioners of any county in which no county hospital has been established may establish one or more wards in any public or private hospital situated in the county, or any adjoining county for the use of the county under such regulations as may be agreed upon. For such purpose the board shall appropriate the necessary money from the general fund. Source: SL 1929, ch 210, 16; SDC 1939, 27.1908; SL 1985, ch 77, 21.
34-8-4.1. Additions to hospitals--Revenue bonds authorized.The county commissioners of any county operating a county hospital which was established pursuant to the vote of the people shall have the authority to construct and equip improvements and additions thereto and for that purpose may borrow money and issue negotiable bonds without pledging or using the credit of such county for their payment, in lieu of or in addition to any bonds issued pursuant to 34-8-2. Such bonds as so issued shall be paid exclusively from the revenues derived from furnishing care and treatment to patients using such hospital and additions thereto. All the provisions of chapter 9-40, dealing with municipal utility revenue bonds, insofar as applicable are applicable to revenue bonds issued under the provisions of this section. Source: SL 1970, ch 195; SL 1982, ch 258, 5.
34-8-4.2. Election not required for revenue bonds--Protest requiring election.Notwithstanding the provisions of 34-8-4.1, it shall not be necessary to submit the question of the bond issue to the people excepting that if within thirty days from the publication of the official minutes of the meeting of the county commissioners in which the resolution to issue revenue bonds is adopted, a protest signed by fifteen percent of the voters of the county voting for Governor at the last general election be filed with such county commissioners, then no such bond issuance shall be made until the question shall have been submitted to the vote of the people and sixty percent of those voting shall vote in favor thereof. The question so submitted shall be "Shall the County issue Revenue Bonds not to exceed $____ for the financing of an addition to the county hospital?" Source: SL 1970, ch 195.
34-8-4. Election on county hospital or bond issue--Percentage of vote required for approval.The board of county commissioners may by resolution or ordinance submit the question of establishing and maintaining a county hospital to the voters of the county at any regular election or at a special election called for that purpose.The election shall be held in the manner and upon the notice prescribed by law for county bond elections. If sixty percent of the ballots cast are in favor of the establishment and maintenance of a county hospital, the board of county commissioners may establish and maintain a county hospital according to the provisions of chapter 34-8. The election on the question of establishing and maintaining a county hospital may be held at the same time as the election on the bond issue. If the bond issue receives sixty percent of the votes cast, and the establishing and maintaining of a county hospital fails to receive sixty percent of the votes cast, the bond issue is deemed to have failed. Source: SL 1897, ch 49, 3; RPolC 1903, 972; RC 1919, 6984; RC 1919, 7694 (2) as enacted by SL 1919, ch 282; SL 1929, ch 210, 2; SDC 1939, 27.1902; SL 1945, ch 110, 1; SL 1955, ch 95, 2; SL 1957, ch 119, 1; SL 1982, ch 258, 4; SL 1984, ch 43, 112.
34-8-5. Hospital tax levy in lieu of bonds--Maximum levy--Accumulation of funds.In lieu of issuing bonds to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain a county hospital, the board of county commissioners may levy a tax, not to exceed sixty cents per thousand dollars of taxable valuation of the county in any one year to provide a special revenue fund to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain or lease to maintain a county hospital. If a sufficient amount is raised, the board of county commissioners shall purchase or erect, equip and maintain or lease to maintain a county hospital as provided in this chapter. Source: SL 1929, ch 210, 14, 15; SDC 1939, 27.1903; SL 1955, ch 95, 3; SL 1984, ch 43, 113; SL 1989, ch 87, 15D.
34-8-6. Management of hospital by county commissioners--Rules and regulations.On the completion of a county hospital the operation and management thereof shall be the responsibility of the board of county commissioners of the county owning such hospital and the board shall establish rules and regulations for its operations. Source: SDC 1939, 27.1904 as added by SL 1953, ch 126; SL 1966, ch 78.
34-8-7. Board of trustees for management of hospital--Terms of office of trustees--Removal of trustee.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.
34-8-8.1. Determination of professional staff--Discrimination between practitioners prohibited.A governing board of a hospital subject to chapter 34-8 shall reasonably and properly determine, subject to the right of judicial review, the membership of the professional staff of the hospital and delineate the staff privileges, but it shall not discriminate between licensed practitioners of the various healing arts. Source: SL 1981, ch 257, 2.
34-8A-1. Loans and grants to individuals authorized--Unanimous vote required--Purpose.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.
34-8A-2. Joint action by counties and municipality.The boards of county commissioners of several contiguous counties and/or the local governing body may jointly enter into contractual arrangements to carry out the purposes of this chapter. Source: SL 1973, ch 43, 2.
34-8A-3. Reimbursement terms set forth when loan negotiated.The board of county commissioners and/or local governing body shall set forth at the time of the negotiation of the contract for grant or loan, the time and method of reimbursement, if any, to the appropriate fund, by the individual or individuals, who will provide professional medical services. Source: SL 1973, ch 43, 3.
34-9-1. City power to establish and maintain hospital--Leases--Agreements with county.Every city may:(1)Establish, construct, purchase, and maintain hospitals and medical clinics and regulate the same;(2)Lease any hospital and medical facilities to persons and private or public corporations, limited liability companies, associations, or other organizations for the purpose of operation for a period, not to exceed ninety-nine years, provided that in the opinion of the governing body the needs of the municipality can best be served thereby;(3)Receive and accept financial aid from counties for the erection and construction of public hospitals upon such conditions as may be agreed upon and to irrevocably obligate itself to repay such county for such aid out of common revenue in the event the operation and maintenance of the hospital is discontinued or abandoned for any cause by the city. Source: SL 1887, ch 73, art IV, subdiv 61; CL 1887, 885, subdiv 61; SL 1890, ch 37, art V, 1, subdiv 62; RPolC 1903, 1229, subdiv 62; SL 1913, ch 119, 53; RC 1919, 6170 (10); SDC 1939, 45.0202(2); SL 1947, ch 196; SL 1951, ch 240; SL 1959, ch 265; SL 1964, ch 140; SL 1968, ch 180; SL 1978, ch 62, 34; SL 1992, ch 60, 2; SL 1994, ch 351, 55.
34-9-10. Conditions for transfer of municipal funds to private hospital--Transfer of tax funds prohibited.A municipality may not transfer surplus funds under 34-9-9 unless:(1)No other hospital operates within the municipality and the Department of Health has issued no license for the operation of a hospital within the municipality;(2)At least fifty percent of the total cost of the construction project has been raised from sources other than those to be derived through the transfer of the surplus funds, based upon estimates of any architect or firm of architects registered by the Board of Technical Professions; and(3)The articles of incorporation of the hospital corporation provide that no part of the hospital corporation's earnings shall inure, or may lawfully inure, to the benefit of any member or private shareholder.Funds acquired through legal tax levy in the municipality may not be transferred. Source: SL 1949, ch 200, 1, 2; SL 1953, ch 259; SDC Supp 1960, 45.1437; SL 1990, ch 309, 4; SL 2019, ch 176, 1.
34-9-11. Donation of municipal hospital property to nonprofit corporation--Use by corporation as health care facility or medical clinic.In addition to other powers granted, any municipality may by resolution give to a nonprofit corporation, real and personal property owned by the municipality and used by it in the operation of a health care facility as defined in 34-12-1.1 or a medical clinic. However, the transfer of property shall be accepted by a majority vote of the directors of the nonprofit corporation, and the property transferred, or the proceeds from the sale thereof, shall be used by the nonprofit corporation in the operation of a health care facility as defined in 34-12-1.1 or a medical clinic. Source: SL 1972, ch 191; SL 2000, ch 164, 1.
34-9-12. Conditions for transfer of municipal property to corporation.No transfer of property shall be made pursuant to 34-9-11 except under the conditions as set forth in subdivisions 34-9-10(1) and (3). Source: SL 1972, ch 191.
34-9-14. Approval of municipality required for sale of real property by corporation.Should the nonprofit corporation receiving the property desire to dispose of any of the real property transferred pursuant to 34-9-11 through sale to a third party, the approval of the municipality must first be obtained. Source: SL 1972, ch 191.
34-9-2. Types of institutions covered.In 34-9-1, the term "hospital" may be construed to include a nursing facility or a home for the aged. Source: SDC 1939, 45.0202 (2) as added by SL 1959, ch 265; SL 1964, ch 140; SL 1968, ch 180.
34-9-4. Counties permitted to assist municipal hospitals.The provisions of 34-9-5 shall apply to all counties. Source: SL 1947, ch 222, 3; SDC Supp 1960, 27.19A01; SL 1971, ch 201, 1; SL 1971, ch 202, 1.
34-9-5. County commissioners' resolution to aid city hospital--Method of financing.If a first or second class municipality within a county which has no established county hospital makes provisions to construct, equip, and operate a public hospital having a capacity of not less than twenty patients and the board of county commissioners determines that the operation of a hospital will be beneficial to the public and that a necessity exists for it and, in order to provide to the public a hospital facility, it will be necessary for the county to provide financial aid to the municipality for the cost to construct a hospital building, it may, by appropriate resolution, declare a public necessity to exist and that it is desirable that the county render financial aid to the municipality in an amount not to exceed one-half of the cost to construct a hospital building and that the funds may be made available:(1)Out of unappropriated funds belonging to the county; or(2)By issuance and sale of its general obligation bonds pursuant to chapter 7-24. Source: SL 1947, ch 222, 1; SDC Supp 1960, 27.19A02; SL 1984, ch 43, 114; SL 1985, ch 77, 22; SL 1992, ch 60, 2.
34-9-7.1. County aid in operation of hospital established by first or second class municipality.Whenever a first or second class municipality has established a hospital as provided by 34-9-5, and without regard to whether a county has participated in the cost of its construction as provided in 34-9-5, the board of county commissioners may, by appropriate resolution, render financial aid to such first or second class municipality for the cost of equipment, operation, and maintenance of such hospital. The term "hospital" as used in this section shall not include a nursing facility or a home for the aged. Source: SL 1971, ch 201, 2; SL 1971, ch 202, 2; SL 1992, ch 60, 2.
34-9-8. Town power to maintain hospitals and dispensaries--Acceptance of donations and federal grants.In addition to other powers granted, municipalities of the third class, as defined by law, shall have power to establish, construct, and maintain hospitals and medical dispensaries and to regulate the same.In constructing, or establishing any such hospital or medical dispensary such municipalities are authorized to receive and accept gifts or donations of money or property to be used for such purpose and are further authorized to cooperate with any federal agency in order to secure the benefits of any federal aid project in establishing and constructing any such hospital or medical dispensary so far as such project may be practical and beneficial. Source: SL 1941, ch 208; SDC Supp 1960, 45.0206.
34-9-9. Transfer of surplus municipal funds to private hospitals authorized.Authority is hereby granted to municipalities to transfer surplus funds accumulated through special municipal revenue producing enterprises to private hospital corporations towards the cost of construction of any hospital to be constructed or now under construction or towards the retirement of any indebtedness incurred in the construction of a hospital in such municipality; provided such transfer of funds shall be made through a majority vote of the governing body of the municipality and accepted by a majority vote of the directors of such hospital corporation. Source: SL 1949, ch 200, 1; SL 1953, ch 259; SDC Supp 1960, 45.1437.
34-10-1. Purpose of chapter--Types of institutions included.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.
34-10-10. Annexation of territory by district--Petition, hearing, and order.The boundaries of any public hospital district may be altered and outlying districts annexed from territory contiguous thereto in the following manner: a petition signed by sixty percent of the resident electors within the territory proposed to be annexed, designating the boundaries of such contiguous territory proposed to be annexed and asking that it be annexed to said public hospital district, shall be presented to the board of trustees. At the first regular meeting after the presentation of said petition, said board shall cause notice of said petition to be published in two successive issues of an official newspaper published in each county in which said district is situated prior to the date fixed by the board for a hearing of said petition, which date shall not be less than four weeks after the filing of such petition.Upon the date fixed for such hearing or continuance thereof, said board shall take up and consider said petition and any objections which may be filed to the inclusion of any additional area or territory in said district. Said board shall have the power by order entered on its minutes to grant or deny said petition, and by order entered on its minutes to alter the boundaries of said hospital district and to annex thereto said area or territory described in said petition. This territory shall become and be a part of such public hospital district and shall be subject to the tax authorized by this chapter, together with the preexisting area of said district. Source: SL 1959, ch 135, 17; SDC Supp 1960, 27.19B17.
34-10-11. Board of trustees to manage district.Said public hospital district shall be governed and managed by a board of seven trustees elected by the persons within the district. The trustees must be elected from among the persons resident within said district. Source: SL 1959, ch 135, 10; SDC Supp 1960, 27.19B10.
34-10-12. Terms of office of trustees--Election of first board.The hospital district trustees elected for the first board shall serve for terms commencing upon their being elected and qualified and all trustees shall serve until their respective successors be elected and qualified. The term of office shall be for four years, except that the terms of the first board shall be so arranged so as to be overlapping, with three members serving until the next regular election; and four members until the second next regular election two years hence. The first board shall be elected at the same election held upon the creation of the district, subject to the creation thereof, shall qualify upon the organization of the district, if created, and the trustees may be nominated and have their names upon the ballots upon the filing with the board or boards of county commissioners of a petition signed by any five qualified electors of the district. Source: SL 1959, ch 135, 10; SDC Supp 1960, 27.19B10.
34-10-13. Nomination of trustees--Date and notice of elections.Any elector may sign as many nominating petitions for hospital district trustee as there are persons to be elected. All regular elections after the first shall be held on the primary election date specified in 12-2-1 and notice thereof shall be given as required by the laws relating to notice of primary elections. Source: SL 1959, ch 135, 10; SDC Supp 1960, 27.19B10.
34-10-14. Trustees unpaid--Vacancy on board--Records of actions.The trustees of the hospital district shall serve without pay. A vacancy upon the board of trustees shall be filled by appointment by the remaining members and the appointee shall serve until the next ensuing regular election for trustees. The trustees shall keep accurate minutes and records of its actions which at all reasonable times shall be open for public inspection. Source: SL 1959, ch 135, 11; SDC Supp 1960, 27.19B11.
34-10-15. Rules, regulations, and bylaws of district--Officers--Place of business--Legal counsel.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.
34-10-16. Power to acquire hospital facilities--Authorization, issuance and sale of bonds--Amount limited.The district may purchase, construct, equip, lease, or otherwise acquire public hospital facilities and issue bonds for the cost thereof. All bonds shall be authorized, issued, and sold by the board of trustees as provided in chapter 6-8B, except that no bonds may be issued in excess of five percent of the assessed valuation of all of the property within the district as established by the assessment rolls for the preceding year or in excess of any applicable constitutional debt limit. Source: SL 1959, ch 135, 14; SDC Supp 1960, 27.19B14; SL 1984, ch 43, 116.
34-10-18. Failure of bond issue on failure of district.If the bond issue receives sixty percent of the votes cast and the creation of the district fails to receive sixty percent of the votes cast under 34-10-9, the bond issue is deemed to have failed. Source: SL 1959, ch 135, 9; SDC Supp 1960, 27.19B09; SL 1984, ch 43, 117.
34-10-2. Electors' petition for establishment of district--Number of signers required--Filing--Petition for hospital bond election.Whenever a petition praying that a public hospital district be established signed by not less than ten percent of the resident electors residing within the boundaries of the proposed public hospital district, which petition shall definitely describe the boundaries of the proposed district and request that the territory within said boundaries be organized into a public hospital district, shall be filed with the county auditor of the county within which said district is situated, and a duplicate thereof with the county auditor of each county where the district extends in more than one county; the same shall be presented by said county auditor or auditors to the board or boards of county commissioners at the first ensuing regular, adjourned, or special meeting of said board or boards. A petition for a popular vote on the question of issuing hospital bonds may be submitted at the same time or at a separate election after formation of the district. The petition for a bond issue election shall be subject to the same requirements as a petition for the creation of a hospital district. Source: SL 1959, ch 135, 2; SDC Supp 1960, 27.19B02; SL 1972, ch 15, 3.
34-10-21. Tax levy for retirement of bonds.At the time bonds are issued pursuant to 34-10-16 the trustees shall by resolution provide for the levy of an irrepealable tax upon all of the property within the hospital district for the years and in the amounts, sufficient to pay the principal and interest when due, without limitations as to rate or amount and it shall be the duty of the board or boards of county commissioners to cause the levy to be made each year until the bonds are fully paid. All moneys received from the levies shall be used only for the retirement of bonds until the same are fully paid. Source: SL 1959, ch 135, 12; SDC Supp 1960, 27.19B12; SL 1984, ch 43, 117A.
34-10-22. Reduction of tax levy on payment of other moneys into debt service fund.If the board of trustees at any time shall transfer and irrevocably appropriate to the debt service fund maintained by it for the payment of bonds issued pursuant to 34-10-16 moneys received from sources other than tax levies pursuant to 34-10-21, it may in its discretion cause the amount so transferred to be certified to the county auditor, who shall thereupon reduce the levy to be spread upon the tax lists for collection in the following year by the amount so certified, or by much lesser amount as shall be directed by the board of trustees. Source: SL 1959, ch 135, 12; SDC Supp 1960, 27.19B12.
34-10-23. Payment of bonds when debt service fund insufficient--Reimbursement from subsequent tax levies--Additional levies.If the moneys in the debt service fund are at any time insufficient for the payment of principal and interest due on bonds of the district, such payment shall nevertheless be made from any other funds of the district available therefor, and such other funds may be reimbursed from tax levies subsequently collected. In the event that the tax initially levied is not collected in amounts sufficient to pay all principal and interest when due, additional taxes shall be levied by the board upon all taxable property within the district at the times and in the amounts required for such purpose, which levies shall not be subject to any limitation as to rate or amount. Source: SL 1959, ch 135, 12; SDC Supp 1960, 27.19B12.
34-10-24. Collection of taxes levied--Transfer of collections to district treasurer.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.
34-10-25. Tax levy in lieu of bonds--Accumulation of construction fund--Election on use of fund.In lieu of issuing bonds, the hospital district board may levy an annual tax not to exceed five mills for the purpose of purchasing, constructing, equipping, leasing, or otherwise acquiring and maintaining a hospital, and shall direct the treasurer of the district to place such moneys in a district construction fund. When a sufficient amount of money is accumulated in the district construction fund the board may proceed to purchase, construct, equip, lease, or otherwise acquire a hospital, except that the electors of the district shall first approve the purchase, construction, leasing, or other acquisition of a hospital by a majority of all votes cast on such issue. An election on such issue shall be called and held in the same manner as an election on a proposal to issue bonds. Source: SL 1959, ch 135, 15; SDC Supp 1960, 27.19B15.
34-10-26. Tax levy for operation and maintenance of hospital--Maximum levy.The board of trustees of any public hospital district shall have authority to levy an annual tax not to exceed one dollar per thousand dollars of taxable valuation of all real and personal property taxable within said district for the purpose of operating and maintaining any hospital under the supervision and control of said board. Such levy shall be in addition and not subject to any levy limitations imposed by any other statute. Such tax shall be levied and collected as provided in 34-10-24. Source: SDC Supp 1960, 27.19B21 as enacted by SL 1967, ch 108.
34-10-27. Accounting for district funds--Disbursements.The treasurer of the hospital district shall keep a detailed account of all tax moneys paid into the public hospital district fund, of all other moneys from any source received by the district, and of all payments and disbursements from the fund. Funds shall be paid out on warrants issued by the direction of the board of trustees, signed by the treasurer, and countersigned by the chairman of the board. Source: SL 1959, ch 135, 11; SDC Supp 1960, 27.19B11.
34-10-28. Lease of hospital facilities to others.The board shall have authority to lease any hospital facilities of the district to persons and private or public corporations for the purpose of operation, provided that in the opinion of the board the needs of the community can best be served thereby. Source: SL 1959, ch 135, 16; SDC Supp 1960, 27.19B16.
34-10-29. Annual audit of district affairs--Report of audit.The hospital district board, at the close of each year of business, shall cause an audit to be made by the State Department of Legislative Audit, or an auditor approved by the State Department of Legislative Audit of the books, records, and financial affairs of the district, and a written report of such audit shall be kept on file in the principal place of business of the district. Source: SL 1959, ch 135, 11; SDC Supp 1960, 27.19B11.
34-10-3. Election on district establishment and for trustees--Election officials and precincts.The board of county commissioners at the next regular, adjourned, or special session shall canvass the petition or petitions and if signed by the requisite number of resident electors, it shall order an election to be held in all voting precincts in the proposed district not less than forty nor more than sixty days from the date of such order, upon the question of the creation of the district and, subject to the creation thereof, for the election of seven trustees of such proposed district. It shall appoint from the resident electors of each voting precinct as established for the purpose of the last general election, and included within the boundaries of said proposed district, three judges and two clerks of election for each said voting precinct. If only a portion of a precinct as established under the general election laws is included in said district, the board shall have authority in its order calling said election to attach said territory to an adjacent precinct for the purpose of such election or to establish said area as a new precinct. Source: SL 1959, ch 135, 3; SDC Supp 1960, 27.19B03.
34-10-30. Dissolution of district--Provision for indebtedness.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.
34-10-31. Effective date of dissolution--Certification as to indebtedness.A dissolution of a hospital district shall be effective for all purposes six months after the election determining same; provided that at or before such time the board of trustees certifies to the board or boards of county commissioners in whose territory said district is located that all debts and obligations of the district are paid, discharged, or irrevocably settled, together with legal proof thereof. Source: SL 1959, ch 135, 18; SDC Supp 1960, 27.19B18.
34-10-4. Joint action of county commissioners of two or more counties.If the district extends into two or more counties, the boards of county commissioners shall, within thirty days after the filing of such petition, meet in joint session and canvass the same, and if found to be signed by the requisite number of resident electors in the district, they shall by joint action order such election and appoint judges and clerks of election as provided in 34-10-3. Such joint session and all subsequent joint sessions required by this chapter shall be held at the county seat of the county having the largest portion of its territory included within the boundaries of said proposed district. Source: SL 1959, ch 135, 4; SDC Supp 1960, 27.19B04; SL 1972, ch 15, 3.
34-10-5. Notice of election on establishment of district--General election laws applicable.The board, or, if in more than one county, the boards acting jointly, shall cause notice of said election to be given, setting forth the time and places of holding the same and the hours when the polls will open and close. Such notice shall be published for two consecutive weeks in a legal newspaper of general circulation within the district. The last date of such publication shall not be less than ten days before the date of said election. The hours of opening and closing of the polls shall be in accordance with the laws relating to general elections and except as otherwise specified herein the general election laws shall govern the conduct of such elections, canvassing of the vote, and declaration of the results. Source: SL 1959, ch 135, 5; SDC Supp 1960, 27.19B05.
34-10-6. List of electors obtained from county auditors.Before any election is held, the election board shall obtain from the county auditor or auditors a registration list for the area within the boundaries of the proposed district, which shall show the names of all qualified electors within the proposed district. Source: SL 1959, ch 135, 6; SDC Supp 1960, 27.19B06.
34-10-7. Qualifications of electors on establishment of district.Any person qualified as an elector under 12-3-1 and resident of the proposed hospital district shall be entitled to vote. Source: SL 1959, ch 135, 8; SDC Supp 1960, 27.19B08; SL 1972, ch 76, 23.
34-10-9. Percentage of votes required for establishment of district--Commissioners' certification of result.In the event that sixty percent of the votes cast in each voting precinct or portion thereof, which is included in the proposed district, are in favor of the creation and establishment of said public hospital district, the board or boards of county commissioners shall within ten days after the election, by resolution certify such result and proceed with the organization of such district as specified in this chapter. Source: SL 1959, ch 135, 9; SDC Supp 1960, 27.19B09.
34-11-1. Service provided by counties and municipalities--Agreements for service--Licensing and regulation.Any county or municipality may provide ambulance service and enter into agreements with other governmental subdivisions and with other persons for such services. Any county or municipality may appropriate funds for such purposes and may enter into an agreement with such other governmental subdivision or any competent person to furnish funds for such purposes on an annual basis as may mutually be agreed upon. The funds shall be paid to such person or political subdivision when a claim has been duly filed, audited, and allowed by the county or municipality. Any county or municipality may license and regulate persons providing such services. Source: SL 1967, ch 23, 1; SL 1968, ch 24, 1; SL 1992, ch 240, 1.
34-11-10. Violation as misdemeanor--Suspension or revocation of license.Any person violating the provisions of 34-11-2 to 34-11-9, inclusive, or the regulations adopted pursuant thereto is guilty of a Class 1 misdemeanor. A violation is also grounds, upon hearing held pursuant to chapter 1-26, for suspension or revocation of any prior authorized license. Source: SL 1974, ch 239, 7; SL 1977, ch 190, 13.
34-11-11. Development of quality assurance program for advanced life support providers--Requirements--Reviews--Reports.Any ambulance service that provides advanced life support shall conduct a quality assurance program. The quality assurance program shall include, at a minimum, a review of the appropriate use of oxygen therapy, the appropriate use of intravenous therapy, medication administration, and the appropriate use of cardiac monitors. The Department of Health shall develop a quality assurance program that meets the requirements of this section. The ambulance service may use the program developed by the department or the ambulance service may develop its own quality assurance program. The ambulance service shall compile the quality assurance reviews into an annual report, which shall be kept on file for at least three years and made available to the Department of Health upon request. Source: SL 2003, ch 179, 1; SL 2004, ch 17, 207; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-11-12. Minimum personnel required on ambulance run.The minimum personnel required on each ambulance run includes:(1)One emergency medical technician certified by the Department of Health or an advanced life support personnel licensed pursuant to chapter 36-4B; and(2)One driver who meets the requirements established by the Department of Health pursuant to rules promulgated pursuant to 34-11-5. Source: SL 2016, ch 170, 1.
34-11-13. Ambulances equipped with epinephrine--Statewide protocols.Any ambulance service licensed pursuant to this chapter may be equipped with single-dose epinephrine. The department shall adopt statewide protocols for the administration of epinephrine. A copy of the protocols, signed by the medical director of the ambulance service, must be carried in any ambulance equipped with epinephrine. Any emergency medical technician who has received training approved by the department may, pursuant to the protocols, administer epinephrine. Source: SL 2022, ch 102, 1.
34-11-14. Ambulances equipped with supraglottic airway devices--Statewide protocols.Any ambulance service licensed pursuant to this chapter may be equipped with a supraglottic airway device. The department shall adopt statewide protocols for the use of supraglottic airway devices. A copy of the protocols, signed by the medical director of the ambulance service, must be carried in any ambulance equipped with a supraglottic airway device. Any emergency medical technician who has received training approved by the department may, pursuant to the protocols, utilize a supraglottic airway device. Source: SL 2022, ch 102, 2.
34-11-2. Licensing of ambulance service--Definition of terms.Terms used in this chapter mean:(1)"Air ambulance," an aircraft, fixed wing, or helicopter, that is designated or can be quickly modified to provide transportation of wounded, injured, sick, invalid, or incapacitated human beings or expectant mothers;(2)"Ambulance," a vehicle for emergency care with a driver compartment and a patient compartment, carrying all equipment and supplies needed to provide emergency medical technician-basic level emergency care at the scene and enroute to an appropriate medical facility;(3)"Ambulance service," any person or organization licensed to provide emergency medical services and patient transport;(4)"Emergency medical responder," any person certified by the Department of Health trained to provide simple, noninvasive care focused on lifesaving interventions for critical patients. The emergency medical responder renders on site emergency care while awaiting additional emergency medical services response from an emergency medical technician or higher level personnel. An emergency medical responder may not make decisions independently regarding the appropriate disposition of a patient;(5)"Emergency medical technician" any person trained in emergency medical care in accordance with standards prescribed by rules promulgated pursuant to this chapter, who provides emergency medical services, including automated external defibrillation under indirect medical control, in accordance with the person's level of training;(6)"License," the permit to provide ambulance service;(7)"Licensing agency," the Department of Health; (8)"Medical director," a physician licensed pursuant to chapter 36-4 who is responsible for providing medical supervision and direction to an ambulance service; and (9)"Operator," any person or entity who has a license from the licensing agency to provide ambulance service. Source: SL 1974, ch 239, 1; SL 1989, ch 287, 1; SL 1992, ch 240, 2; SL 2004, ch 17, 199; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015; SL 2017, ch 148, 1; SL 2022, ch 102, 3; SL 2022, ch 145, 4.
34-11-3. Unlicensed ambulance service prohibited.No ambulance service shall be operated in this state unless the ambulance service has a currently valid license from the licensing agency to provide such service. Source: SL 1974, ch 239, 3.
34-11-4. Application for license--Fee--Issuance--Duration.The licensing agency shall provide application forms for the providing of ambulance service. A fee of not more than twenty-five dollars shall accompany each application, except for applications from state agencies. The licensing agency shall issue a license to any ambulance service which makes application to the agency providing such service complies with 34-11-2 to 34-11-10, inclusive. A license shall be valid for a period of not more than two years. Source: SL 1974, ch 239, 5.
34-11-5.1. Patient information received by ambulance service is confidential.Any patient information identifying the patient's name, address, diagnosis, or treatment received by an ambulance service under the authority of this chapter is not a public record and is confidential, except for official purposes, and may not be published or disclosed without authorization from the patient or the patient's designee. Source: SL 1999, ch 169, 1.
34-11-5.2. Certification of emergency medical responders.No person may practice as an emergency medical responder or represent oneself as an emergency medical responder unless the person possesses a certification from the department or holds a privilege to practice. The department shall promulgate rules, pursuant to chapter 1-26, for the application, qualifications, issuance, and renewal of a certification of an emergency medical responder. A certification issued under this section shall be renewed every two years. Source: SL 2017, ch 148, 2; SL 2022, ch 145, 5.
34-11-5. Promulgation of rules relating to operation of ambulance services.The Department of Health may adopt rules, pursuant to chapter 1-26, relating to the operation of ambulance services including patient care, personnel, medical and maintenance equipment, sanitary conditions, and necessary supplies. Source: SL 1974, ch 239, 2, 4 (3); SL 1980, ch 238, 3; SL 1992, ch 240, 3; SL 2004, ch 17, 200; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015; SL 2016, ch 170, 2.
34-11-6.1. Denial, suspension or revocation of certification--Gross incompetence, unprofessional conduct, dishonorable conduct to be defined--Acts occurring before July 1, 2006.The Department of Health may deny the issuance or renewal of a certification or suspend or revoke the certification of any driver or attendant certified pursuant to 34-11-6 upon satisfactory proof of the person's gross incompetence, or unprofessional or dishonorable conduct, including acts of gross incompetence, or unprofessional or dishonorable conduct occurring before July 1, 2006. For the purposes of this section, the Department of Health shall define, in rules pursuant to chapter 1-26, the terms, gross incompetence, unprofessional conduct, and dishonorable conduct. Source: SL 2003, ch 178, 1; SL 2004, ch 17, 202; SL 2006, ch 178, 1; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-11-6.2. Appeal of denial, suspension or revocation.Any party feeling aggrieved by any act, ruling, or decision of the Department of Health acting pursuant to 34-11-6.1 may appeal such act, ruling, or decision under the provisions of chapter 1-26. Source: SL 2003, ch 178, 2; SL 2004, ch 17, 203; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-11-6.3. Suspension of certification for mental incompetence--Restoration--Establishment of rules.If a person holding a certification pursuant to 34-11-6 is adjudged to be mentally incompetent by final order or adjudication of a court of competent jurisdiction, the Department of Health shall suspend such person's certification pursuant to chapter 1-26. The suspension shall continue until the person holding the certification is found or adjudged by such court to be restored to reason. The Department of Health may establish, by rules promulgated pursuant to chapter 1-26, probationary conditions that it deems necessary for the best interest of the person holding the certification. Source: SL 2003, ch 178, 3; SL 2004, ch 17, 204; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-11-6.4. Reissuance of certification--Conditions.Upon application, the Department of Health may reissue a certification issued pursuant to 34-11-6 that has been cancelled, suspended, or revoked. A reissuance of a certification that has been cancelled, suspended, or revoked may not be made prior to one year after the cancellation, suspension, or revocation. The Department of Health may, by rules promulgated pursuant to chapter 1-26, provide for the manner, form, and condition for the reissuance of any certification pursuant to this section. Source: SL 2003, ch 178, 4; SL 2004, ch 17, 205; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-11-6.5. Emergency medical technicians--Background check required.In addition to the requirements of 34-11-6, each applicant for emergency medical technician certification must submit to a state and federal criminal background check. The applicant must submit a full set of the applicant's fingerprints to the department in a form and manner prescribed by the department. The department shall submit the applicant's fingerprints to the Division of Criminal Investigation to conduct a criminal background check by the division and the Federal Bureau of Investigation. The applicant must sign a release of information to the department, and pay any fee charged for the cost of fingerprinting or conducting the background check.Upon completion of the background check, the division shall deliver to the department all criminal history record information regarding the applicant, and the department shall consider this information in its determination to issue a certification to the applicant. The department may not issue a certification to an applicant before receiving this information. The department may only disseminate an applicant's information to a person employed by the department.The department may require any certified emergency medical technician who is the subject of a disciplinary investigation to submit to a state and federal background check. The department may deny the issuance of, suspend, or revoke a certification for failure to submit to or cooperate with a background check. Source: SL 2022, ch 145, 2.
34-11-6. Emergency care certification required for drivers and attendants.No operator may provide ambulance service unless both the driver of the ambulance and the attendant on duty in the ambulance possess certification of completing an emergency care course approved by the Department of Health. Source: SL 1974, ch 239, 4 (2); SL 1992, ch 240, 4; SL 2004, ch 17, 201; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-11-7. Trip records required.Each operator shall record each trip on forms designated by the licensing agency and copies submitted to the department monthly. These records shall be maintained for a period of four years and upon request be made available to the department for inspection. Source: SL 1974, ch 239, 4 (1); SL 1992, ch 240, 5.
34-11-8. Vehicle equipment regulation unaffected.No provision of 34-11-2 to 34-11-10, inclusive, nor any regulation adopted pursuant to said sections shall be construed as limiting any other provision of law delegating to the Department of Health the authority to regulate and inspect the warning lights, siren, brakes, and mechanical adequacy and safety of ambulances. Source: SL 1974, ch 239, 2; SL 2004, ch 17, 206; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-11-9. Exemptions from license requirements.The following are exempt from the provisions of 34-11-2 to 34-11-10, inclusive:(1)The occasional use of a privately owned vehicle or aircraft not ordinarily used in the business of ambulance service or operating under provisions of 32-34-3;(2)A vehicle rendering services as an ambulance in case of major catastrophe or emergency when ambulance services based in the localities of the catastrophe or emergency are insufficient or unavailable to render the services required;(3)Ambulance services based outside the state, except that any such ambulance service receiving a patient within this state for transport to a location within this state shall comply with 34-11-2 to 34-11-10, inclusive, unless such transport is a medical emergency;(4)Vehicles owned and operated by rescue squads which are not regularly used as ambulances except as part of rescue operations;(5)Ambulances owned and operated by agencies of the United States government;(6)Coach services engaged by prior appointment in the transportation of infirm or disabled individuals not requiring emergency medical care in transit. Source: SL 1974, ch 239, 6; SL 1982, ch 259, 33; SL 1989, ch 287, 2; SL 1992, ch 240, 6.
34-11A-1. Petition by voters or resolution by county commissioners for establishment of district.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.
34-11A-12. Board of directors--Election--Certain persons ineligible.Permanent organization shall be effected by the election of a board of directors consisting of not less than five residents of the district. No employee of the ambulance district may serve as a director. Source: SL 1982, ch 259, 12; SL 2000, ch 165, 2.
34-11A-13. Board of directors--Meeting to elect officers.The board of directors shall meet as soon after the organizational meeting as possible to elect a president, a vice-president, and a secretary-treasurer. Source: SL 1982, ch 259, 13.
34-11A-14. Terms of directors and officers--Compensation of ambulance district director.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 34-11A-13 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. An ambulance 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 1982, ch 259, 14; SL 1988, ch 275, 1.
34-11A-15. District constitutes body politic and corporate.Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10, the district under its designated name shall be and constitute a body politic and corporate. Source: SL 1982, ch 259, 15.
34-11A-16. General powers of directors.The board of directors has the following general powers:(1)To determine upon a general ambulance service program for the district;(2)To manage and conduct the business affairs of the district;(3)To make and execute contracts in the name of and on behalf of the district;(4)To purchase or lease such ambulance equipment, supplies, and other real or personal property as may be necessary to carry out the ambulance service program of the district;(5)To incur indebtedness on behalf of the district within the limits prescribed by 34-11A-24, and to authorize the issuance of evidences of the indebtedness permitted under this subdivision, and to pledge any real or personal property owned or acquired by the district as security;(6)To organize, establish, equip, maintain, and supervise an ambulance service to serve the district;(7)Generally to perform all acts necessary to fully carry out the purposes of this chapter; and(8)To levy a tax and a special assessment as provided by this chapter. Source: SL 1982, ch 259, 16; SL 2000, ch 166, 1.
34-11A-17. Contracts with other districts or agencies authorized.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.
34-11A-18. Annual estimate and certification of expenses--Source of payment.The board of directors may make an annual estimate of the probable expense for carrying out the ambulance service program for the district. The board of directors shall, by resolution, certify the estimate to the proper county auditor in the manner provided by 34-11A-19. The resolution shall state if the estimate shall be paid by a general tax levy against all taxable real property located within the district, by a special assessment against the real property within the district that is specifically benefited by the project, or by both a general tax levy and a special assessment with a portion to be paid by each. Source: SL 1982, ch 259, 18; SL 2000, ch 166, 2.
34-11A-19. Estimate certified--Date.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.
34-11A-2. Requirement for inclusion of municipality in district.Any municipality located within the area may be included in the ambulance district if at least twenty percent of the number of registered voters within the municipality voting in the last gubernatorial election sign a separate petition from that municipality, or if the governing body of the municipality establishes intent by passing a resolution so indicating. Source: SL 1982, ch 259, 2; SL 1992 ch 60, 2; SL 1998, ch 36, 20; SL 2002, ch 144, 3; SL 2007, ch 191, 1.
34-11A-20. Tax levy--Limitations--Exemption of district from general county levy for ambulance service.No tax in excess of sixty cents per thousand dollars of taxable valuation upon the property within an ambulance district may be levied for such district pursuant to the provisions of this chapter. The amount of money received from the tax levy on all property within the district plus the amount of money received from the imposition of any special assessment within the district may not exceed the amount which would be raised by a general tax levy of sixty cents per thousand dollars upon all property within an ambulance district.In no case may 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.However, no district organized pursuant to this chapter is subject to any general county levy for ambulance service. Source: SL 1982, ch 259, 20, 20A, 21; SL 1989, ch 87, 15H; SL 2000, ch 166, 4.
34-11A-21. Tax levy and special assessment--Collection.The tax and the special assessment shall be collected as other taxes and special assessments are collected in the county. Source: SL 1982, ch 259, 22; SL 2000, ch 166, 5.
34-11A-22. Tax levy and special assessment--Deposit--Bond of secretary-treasurer.The tax and the special assessment shall be deposited with the secretary-treasurer of the ambulance district, who shall have a surety bond in the amount of at least five thousand dollars. Source: SL 1982, ch 259, 23; SL 2000, ch 166, 6.
34-11A-23. Tax exempt organizations--Assessment of property--Annual statement of payments.Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within an ambulance district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for ambulance service such amount as may be agreed upon, but not less than twenty-five percent of the amount which would be levied against such property under the provisions of this chapter if such property were subject to such levy. For the purposes of this section, such property shall be assessed by the director of equalization of the county in which such property lies, or by his deputies.The board of directors shall file an annual statement with the Department of Health showing the names of persons or organizations making payments and the amounts of payments made under this section. Source: SL 1982, ch 259, 24, 25; SL 2004, ch 17, 208; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-11A-24. Limitation on indebtedness--Power to borrow money.No district may become indebted for an amount that is not payable from ten annual maximum tax levies as authorized by 34-11A-19. With the limits herein authorized, the district shall have power to borrow money at a rate not in excess of twelve percent and to issue appropriate evidence of indebtedness thereof. Source: SL 1982, ch 259, 26.
34-11A-25. Deposit of funds--Warrant for disbursement.All funds collected on behalf of the district through the levy of taxes; all donations, contributions, bequests, or annuities; and all borrowed money received by or on behalf of the district shall be deposited in a state or national bank to the credit of the district fund and shall be drawn out only by warrant. Source: SL 1982, ch 259, 27.
34-11A-26. Claim vouchers.Such claim voucher shall be authorized by the board of directors and shall bear the signature of the treasurer and the countersignature of the president of such district. Source: SL 1982, ch 259, 28.
34-11A-27. Examination of financial reports of secretary-treasurer.When the Department of Legislative Audit examines other county records, it shall examine the financial report of the secretary-treasurer of the ambulance district. The secretary-treasurer of the ambulance district shall, on or before January thirty-first of each year, file a financial report of the previous calendar year with the appropriate county auditor. Source: SL 1982, ch 259, 29; SL 1988, ch 276.
34-11A-28. Change of district boundaries.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.
34-11A-29. Annual and special meetings of voters--Annual election--Notice of election.A regular meeting of the registered voters who are residing within the boundaries of a district shall be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. The annual election shall be conducted during the regular meeting consistent with the provisions of chapter 8-3. Notice of the annual election shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated. The meeting shall be held not less than seven days nor more than fourteen days after the date of publication of the notice. Source: SL 1982, ch 259, 31; SL 2002, ch 144, 4; SL 2007, ch 75, 5.
34-11A-3. Contents of petition or resolution.The petition shall contain the suggested name of the proposed district, the area to be included, and a complete description according to government survey, if possible, of the boundaries of the real properties intended to be embraced in the proposed ambulance district. The petitioners shall also present to the county auditor a plat or map showing the suggested boundaries of the proposed district and shall deposit with the county auditor a sum sufficient to defray the expenses of publishing the notices required by 34-11A-6 and 6-16-4. Source: SL 1982, ch 259, 3; SL 1998, ch 36, 21; SL 2003, ch 181, 2.
34-11A-30. Report of secretary-treasurer.The secretary-treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district. Source: SL 1982, ch 259, 32.
34-11A-31. Capital outlay fund established--Uses.The capital outlay fund of an ambulance district is a fund provided by law to meet expenditures of three hundred dollars or more which result in the acquisition of or additions to real property, plant or equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase of equipment. Source: SL 1992, ch 241, 1.
34-11A-32. Tax levy for capital outlay fund.In addition to any tax levy authorized pursuant to 34-11A-19 or 34-11A-20, the board of directors of an ambulance district may authorize an annual levy of a tax not to exceed fifty cents per thousand dollars of taxable valuation on the taxable valuation of the district for the capital outlay fund. Source: SL 1992, ch 241, 2.
34-11A-33. Public hearing required for certain expenditures of capital outlay fund.Any district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities, the total of which will require advertising for bids under chapter 5-18, must have a public hearing at least ten days prior to the advertisement of any contract specifications. Such public hearing shall be advertised in the legal newspapers of each county where the district has territory. Following such public hearing, and approval of the board of directors, the district may use the capital outlay fund as provided in 34-11A-32. However, if a district changes the originally advertised use of the fund it shall hold another public hearing. Source: SL 1992, ch 241, 3.
34-11A-34. Deferred compensation program for volunteer advanced life support personnel.Any ambulance district with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the ambulance district or by the volunteer advanced life support personnel and may be managed through the ambulance district or through an insurance company or other financial institution. Such program shall be established by ordinance. Each ambulance district shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel. Source: SL 2011, ch 36, 4.
34-11A-4. Certification of petition--Designation of time and place for hearing.Upon the filing of petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by at least twenty percent of the number of registered voters voting in the last gubernatorial election within the proposed district. If the petition contains sufficient names, the county auditor shall designate a time and place for the petition or resolution of the county commissioners to be heard by the board of county commissioners. Source: SL 1982, ch 259, 4; SL 1998, ch 36, 22; SL 2007, ch 191, 2.
34-11A-5. Two or more counties in proposed district--Procedure.If the proposed district is situated within two or more counties, the county auditor of the county containing the largest area, shall confer with the auditor of any other county concerned, and shall obtain a certificate as to the adequacy of the petitions or resolution pertaining to such county. Thereafter the auditor of the county containing the largest area shall designate a time and place for hearing before a joint meeting of the boards of county commissioners of all counties in which the proposed district is to be situated and shall give notice thereof by publication in a manner provided in 34-11A-6. Source: SL 1982, ch 259, 5; SL 2000, ch 165, 1.
34-11A-6. Notice of hearing.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.
34-11A-7. Conduct of hearing--Order and filing of determination.At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the boundaries thereof. Thereupon the board or boards of county commissioners shall determine whether the proposed district is suited to the ambulance service policy of the county, or each of such counties, as a whole, determine the boundaries of the proposed district, whether as suggested in the petition or otherwise, and make a written order of such determination which shall describe the boundaries of the district and be filed in the office of the county auditor or auditors of each county in which such district is situated. Source: SL 1982, ch 259, 7.
34-11A-8. Conduct of election.Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in 6-16-4 to 6-16-6, inclusive. Source: SL 1982, ch 259, 8; SL 1998, ch 36, 24.
34-11C-1. Emergency medical personnel--Licensure--Interstate compact. The Emergency Medical Personnel Licensure Interstate Compact is enacted into law and entered into with all other jurisdictions that legally join the compact, which is substantially as follows:SECTION 1. PURPOSEIn order to protect the public through verification of competency and ensure accountability for patient care related activities all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This Compact is designed to achieve the following purposes and objectives:1.Increase public access to EMS personnel;2.Enhance the states' ability to protect the public's health and safety, especially patient safety;3.Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation;4.Support licensing of military members, and their spouses, who are separating from an active duty tour;5.Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action and significant investigatory information;6.Promote compliance with the laws governing EMS personnel practice in each member state; and7.Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.SECTION 2. DEFINITIONSIn this compact:A."Advanced Emergency Medical Technician (AEMT)" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.B."Adverse Action" means: any administrative, civil, equitable or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions and state court judgments enforcing adverse actions by the state EMS authority.C."Alternative program" means: a voluntary, non-disciplinary substance abuse recovery program approved by a state EMS authority.D."Certification" means: the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.E."Commission" means: the national administrative body of which all states that have enacted the compact are members.F."Emergency Medical Technician (EMT)" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.G."Home State" means: a member state where an individual is licensed to practice emergency medical services.H."License" means: the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level in between EMT and paramedic.I."Medical Director" means: a physician licensed in a member state who is accountable for the care delivered by EMS personnel.J."Member State" means: a state that has enacted this compact.K."Privilege to Practice" means: an individual's authority to deliver emergency medical services in remote states as authorized under this compact.L."Paramedic" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.M."Remote State" means: a member state in which an individual is not licensed.N."Restricted" means: the outcome of an adverse action that limits a license or the privilege to practice.O."Rule" means: a written statement by the interstate Commission promulgated pursuant to Section 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.P."Scope of Practice" means: defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform.Q."Significant Investigatory Information" means:1.Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or2.Investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond.R."State" means: any state, commonwealth, district, or territory of the United States.S."State EMS Authority" means: the board, office, or other agency with the legislative mandate to license EMS personnel.SECTION 3. HOME STATE LICENSUREA.Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.B.Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.C.A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:1.Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;2.Has a mechanism in place for receiving and investigating complaints about individuals;3.Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;4.No later than five years after activation of the Compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with US CFR 731.202 and submit documentation of such as promulgated in the rules of the Commission; and5.Complies with the rules of the Commission.SECTION 4. COMPACT PRIVILEGE TO PRACTICEA.Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Section 3.B.To exercise the privilege to practice under the terms and provisions of this compact, an individual must:1.Be at least 18 years of age;2.Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and3.Practice under the supervision of a medical director.C.An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.D.Except as provided in Section 4 subsection C, an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the Commission.E.If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.F.If an individual's privilege to practice in any remote state is restricted, suspended, or revoked the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATEAn individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:1.The individual originates a patient transport in a home state and transports the patient to a remote state;2.The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;3.The individual enters a remote state to provide patient care and/or transport within that remote state;4.The individual enters a remote state to pick up a patient and provide care and transport to a third member state;5.Other conditions as determined by rules promulgated by the commission.SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACTUpon a member state's governor's declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSESA.Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.B.Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses.C.All individuals functioning with a privilege to practice under this Section remain subject to the Adverse Actions provisions of Section 8.SECTION 8. ADVERSE ACTIONSA.A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.B.If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.1.All home state adverse action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority.2.An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority.C.A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.D.A remote state may take adverse action on an individual's privilege to practice within that state.E.Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.F.A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.G.Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS AUTHORITYA member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:1.Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and2.Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICEA.The Compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.1.The Commission is a body politic and an instrumentality of the Compact states.2.Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3.Nothing in this Compact shall be construed to be a waiver of sovereign immunity.B.Membership, Voting, and Meetings1.Each member state shall have and be limited to one (1) delegate. The responsible official of the state EMS authority or his designee shall be the delegate to this Compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the Governor of the state will determine which entity will be responsible for assigning the delegate.2.Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.3.The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.4.All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 12.5.The Commission may convene in a closed, non-public meeting if the Commission must discuss:a.Non-compliance of a member state with its obligations under the Compact;b.The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;c.Current, threatened, or reasonably anticipated litigation;d.Negotiation of contracts for the purchase or sale of goods, services, or real estate;e.Accusing any person of a crime or formally censuring any person;f.Disclosure of trade secrets or commercial or financial information that is privileged or confidential;g.Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;h.Disclosure of investigatory records compiled for law enforcement purposes;i.Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; orj.Matters specifically exempted from disclosure by federal or member state statute.6.If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.C.The Commission shall, by a majority vote of the delegates, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:1.Establishing the fiscal year of the Commission;2.Providing reasonable standards and procedures:a.For the establishment and meetings of other committees; andb.Governing any general or specific delegation of any authority or function of the Commission;3.Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed;4.Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission;5.Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the Commission;6.Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees;7.Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations;8.The Commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any;9.The Commission shall maintain its financial records in accordance with the bylaws;10.The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.D.The Commission shall have the following powers:1.The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;2.To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected;3.To purchase and maintain insurance and bonds;4.To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;5.To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;6.To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;7.To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;8.To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;9.To establish a budget and make expenditures;10.To borrow money;11.To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;12.To provide and receive information from, and to cooperate with, law enforcement agencies;13.To adopt and use an official seal; and14.To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of EMS personnel licensure and practice.E.Financing of the Commission1.The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.2.The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.3.The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.4.The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.5.The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.F.Qualified Immunity, Defense, and Indemnification1.The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.2.The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.3.The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.SECTION 11. COORDINATED DATABASEA.The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.B.Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the Commission, including:1.Identifying information;2.Licensure data;3.Significant investigatory information;4.Adverse actions against an individual's license;5.An indicator that an individual's privilege to practice is restricted, suspended or revoked;6.Non-confidential information related to alternative program participation;7.Any denial of application for licensure, and the reason(s) for such denial; and8.Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.C.The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.D.Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.E.Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.SECTION 12. RULEMAKINGA.The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.B.If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any member state.C.Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.D.Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:1.On the website of the Commission; and2.On the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.E.The Notice of Proposed Rulemaking shall include:1.The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;2.The text of the proposed rule or amendment and the reason for the proposed rule;3.A request for comments on the proposed rule from any interested person; and4.The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.F.Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.G.The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:1.At least twenty-five (25) persons;2.A governmental subdivision or agency; or3.An association having at least twenty-five (25) members.H.If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.1.All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.2.Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3.No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.4.Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.I.Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.J.The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.K.If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.L.Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:1.Meet an imminent threat to public health, safety, or welfare;2.Prevent a loss of Commission or member state funds;3.Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or4.Protect public health and safety.M.The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENTA.Oversight1.The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.2.All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Commission.3.The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.B.Default, Technical Assistance, and Termination1.If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall:a.Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; andb.Provide remedial training and specific technical assistance regarding the default.2.If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.3.Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.4.A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.5.The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the Commission and the defaulting state.6.The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.C.Dispute Resolution1.Upon request by a member state, the Commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.2.The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.D.Enforcement1.The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.2.By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.3.The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTA.The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.B.Any state that joins the compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in that state.C.Any member state may withdraw from this compact by enacting a statute repealing the same.1.A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.2.Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.D.Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.E.This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.SECTION 15. CONSTRUCTION AND SEVERABILITYThis Compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies. Source: SL 2021, ch 139,  1.
34-12-1.1. Definition of terms.Terms used in this chapter mean:(1)"Ambulatory surgery center," any facility that is not part of a hospital and that is not an office of a dentist, whether for individual or group practice, in which surgical procedures requiring the use of general anesthesia are performed upon patients;(2)"Assisted living center," any institution, rest home, boarding home, place, building, or agency that is maintained and operated to provide personal care and services that meet some need beyond basic provision of food, shelter, and laundry;(3)"Chemical dependency treatment facility," any facility that provides a structured inpatient treatment program for alcoholism or drug abuse;(4)"Health care facility," any institution, birth center, ambulatory surgery center, chemical dependency treatment facility, hospital, nursing facility, assisted living center, rural primary care hospital, adult foster care home, inpatient hospice, residential hospice, freestanding emergency care facility, community living home, rural emergency hospital, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization, nursing care, or supervised care of the sick or injured;(5)"Hospital," any establishment with an organized medical staff with permanent facilities that include inpatient beds and is primarily engaged in providing by or under the supervision of physicians, to inpatients, any of the following services: diagnostic or therapeutic services for the medical diagnosis, treatment, or care of injured, disabled, or sick persons; obstetrical services including the care of the newborn; or rehabilitation services for injured, disabled, or sick persons. In no event may the inpatient beds include nursing facility beds or assisted living center beds unless the same are licensed as such pursuant to this chapter;(6)"Nursing facility," any facility that is maintained and operated for the express or implied purpose of providing care to one or more persons whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician on a twenty-four hour per day basis; or a facility that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who do not require the degree of care and treatment that a hospital is designed to provide, but who because of their mental or physical condition require medical care and health services that can be made available to them only through institutional facilities;(7)"Critical access hospital," any nonprofit or public hospital providing emergency care on a twenty-four hour basis located in a rural area that has limited acute inpatient services, focusing on primary and preventive care, and that has in effect an agreement with a general hospital that provides emergency and medical backup services and accepts patient referrals from the critical access hospital. For the purposes of this subdivision, a rural area is any municipality under fifty thousand population;(8)"Adult foster care home," a family-style residence that provides supervision of personal care, health services, and household services for no more than four aged, blind, physically disabled, developmentally disabled, or socially-emotionally disabled adults;(9)"Inpatient hospice," any facility that is not part of a hospital or nursing home that is maintained and operated for the express or implied purpose of providing all levels of hospice care to terminally ill individuals on a twenty-four hour per day basis;(10)"Residential hospice," any facility that is not part of a hospital or nursing home that is maintained and operated for the express or implied purpose of providing custodial care to terminally ill individuals on a twenty-four hour per day basis;(11)"Birth center," any health care facility at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth;(12)"Freestanding emergency medical care facility," any facility structurally separate and distinct from a hospital that directly receives a person and provides emergency medical care;(13)"Community living home," any family-style residence whose owner or operator is engaged in the business of providing individualized and independent residential community living supports for compensation to at least one unrelated adult, but no more than four adults, and provides one or more regularly scheduled health related services, either administered directly or in collaboration with an outside health care provider. This term does not include any setting that is certified or accredited through chapter 34-20A, title 27A, or title 27B; and(14)"Rural emergency hospital," any nonprofit or public health care facility previously licensed as a hospital that provides emergency care on a twenty-four-hour basis, is located in a municipality under fifty thousand population that has no acute inpatient services, and that has in effect a transfer agreement with a level I or II trauma hospital, as designated by the Department of Health, to accept patients from the rural emergency hospital. Source: SL 1986, ch 278, 2; SL 1988, ch 277, 1; SL 1991, ch 272, 1; SL 1993, ch 230; SL 1995, ch 191, 1; SL 1997, ch 167, 3; SL 1999, ch 170, 1; SL 2005, ch 179, 1; SL 2008, ch 167, 1; SL 2009, ch 163, 1; SL 2011, ch 155, 2; SL 2012, ch 177, 8; SL 2017, ch 149, 1; SL 2017, ch 150, 1; SL 2022, ch 103, 1.
34-12-11.1. Disclosure of public reimbursement rates required of nursing homes and related institutions.All nursing homes, homes for the aged, and related institutions shall disclose all reimbursement rates established by the Department of Social Services under the medical assistance program upon request of any person. Source: SDCL, 34-12-7 as added by SL 1978, ch 248; SL 1980, ch 238, 21.
34-12-11.2. Visitation of patients and residents--Required post.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.
34-12-12. Lodging and food service laws not applicable to licensees.No licensee under the provisions of this chapter shall be required to be licensed or inspected under the laws of this state relative to lodging or food service establishments. Source: SL 1945, ch 108, 5; SL 1953, ch 123, 5; SDC Supp 1960, 27.1205.
34-12-13. Rules to protect patients' health and safety.The State Department of Health may promulgate rules, pursuant to chapter 1-26, which are necessary to protect the health and safety of patients cared for in licensed health care facilities. The regulations may be in regard to the following areas:(1)Sanitary and safe conditions of the premises;(2)Cleanliness of operation;(3)Fire safety and construction;(4)Physical equipment found necessary and in the public interest;(5)Management and administration;(6)Physician's services;(7)Nursing and related care;(8)Dietetic services;(9)Medication control;(10)Records;(11)Diagnostic services;(12)Hospital complementary services;(13)Long-term care diversionary services;(14)Patient safety and health;(15)Residents' rights in nursing homes and assisted living centers. Source: SL 1945, ch 108, 6; SL 1953, ch 123, 6; SDC Supp 1960, 27.1206; SL 1980, ch 238, 22; SL 1986, ch 278, 8; SL 1991, ch 270, 1; SL 1991, ch 272, 2.
34-12-14. Application of regulations and standards to Christian Science institution.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.
34-12-15.1. Handling of residents' funds by nursing homes--Definition of terms.Terms used in 34-12-15.1 to 34-12-15.10, inclusive, unless the context otherwise requires mean:(1)"Nursing homes," public or private facilities licensed pursuant to this chapter 34-12, as a skilled nursing facility, an intermediate care facility, or an assisted living center;(2)"Residents," persons committed or cared for in any home, center, or other facility which is subject to the provisions of 34-12-15.1 to 34-12-15.10, inclusive. Source: SL 1977, ch 279, 1; SL 1991, ch 272, 2.
34-12-15.10. Escheat of unclaimed funds of deceased resident--Notice and transfer to state.If, upon the death of a resident and after notification to any known guardian, conservator, or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the state notwithstanding chapter 21-36. The home or other facility shall notify the office of surplus property of such unclaimed property. However, all money, stocks, bonds, contracts, and claims on banks which can readily be converted to money shall be sent to the state treasurer for deposit in the general fund. Source: SL 1977, ch 279, 10; SL 1993, ch 213, 222.
34-12-15.2. Residents' funds kept separate--Free from facility's liabilities.Upon written authorization of the resident, every nursing facility shall hold, safeguard, and account for the moneys and funds of residents of such home and shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs. Source: SL 1977, ch 279, 2; SL 1991, ch 271, 1.
34-12-15.3. Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.Residents' moneys in excess of fifty dollars shall be deposited in a local financial institution authorized to do business in South Dakota in an interest bearing demand trust account that is separate from any of the facility's operating accounts and credits all interest earned on such account to such account. However, a public agency which is subject to 34-12-15.1 to 34-12-15.10, inclusive, shall deposit such funds with the state treasurer in the appropriate trust and agency account for the facility. Source: SL 1977, ch 279, 5; SL 1991, ch 271, 2.
34-12-15.5. Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.Each private nursing facility covered by 34-12-15.1 to 34-12-15.10, inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensing the facility, a surety bond in the following amounts:(1)If the amount to be handled is seven hundred fifty dollars per month or less the bond required shall be one thousand dollars;(2)If the amount to be handled is seven hundred fifty-one dollars to one thousand five hundred dollars the bond required shall be two thousand dollars; and(3)If the amount to be handled is one thousand five hundred one dollars to two thousand five hundred dollars the bond required shall be three thousand dollars.Every further increment of one thousand dollars or fraction thereof shall require an additional one thousand dollars on the bond. Source: SL 1977, ch 279, 9.
34-12-15.6. Records required on residents' funds--Form--Receipts kept.Every nursing facility or other facility covered by the provisions of 34-12-15.1 to 34-12-15.10, inclusive, shall, in addition to the requirements of 34-12-15.2, maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their care. These safeguards and records shall include:(1)Records of residents' moneys which are maintained in an interest bearing demand trust account shall include a control account for all the receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account shall be kept current with columns for debits, credits, and balance; and(2)Records of residents' moneys and funds entrusted to the home or facility for safekeeping shall include a copy of the receipt furnished to the resident or to the person or agency responsible for the resident. Source: SL 1977, ch 279, 3; SL 1991, ch 271, 4.
34-12-15.7. Records of residents' funds available for audit.Records which are maintained pursuant to 34-12-15.1 to 34-12-15.10, inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home or other facility, which is required to keep and maintain the same. Source: SL 1977, ch 279, 7.
34-12-15.8. Noncompliance as ground for revocation of administrator's license.Failure of any licensed nursing facility to keep complete records or to comply with any other provision of 34-12-15.1 to 34-12-15.10, inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes or facilities, under chapter 36-28. Source: SL 1977, ch 279, 8.
34-12-15.9. Surrender of funds on discharge of resident--Time allowed.Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home or other facility covered by 34-12-15.1 to 34-12-15.10, inclusive, shall be surrendered to the resident or a legally empowered representative in exchange for a signed receipt. Moneys and valuables kept within the facility shall be surrendered upon demand, and those kept in an interest bearing demand trust account shall be made available within ten business days. Source: SL 1977, ch 279, 6; SL 1991, ch 271, 5.
34-12-15. Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.All superintendents, or managers, or other persons in charge of hospitals, lying-in, or other institutions, public or private, to which persons resort for treatment of disease, confinement, or are committed by process of law, shall make and keep a record of all the personal and statistical particulars relative to the inmates, such record to be made at the time of their admittance and in such form of certificate as directed by the secretary of health. In case of persons admitted or committed for treatment of disease, the physician in charge shall specify for entry in such record the nature of the disease and where in the physician's opinion it was contracted. The personal particulars and information required by this section shall be obtained from the individual, if it is practicable to do so, and if not practicable, shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. Such record shall be open at all times to the inspection of the secretary of health or an accredited agent of the secretary.A health care facility shall provide copies of all medical records, reports, and X rays pertinent to the health of the patient, if available, to a discharged patient or the patient's designee upon receipt by the health care facility of a written request or a legible copy of a written request signed by the patient. The health care facility may require before delivery that the patient pay the actual reproduction and mailing expense.If a personal representative of a deceased patient has not been appointed, the following surviving family members, in the priority stated, have the right to copies of the patient's medical record to the same extent as the patient would have the right to copies of the medical record while alive:(1)The spouse, if not legally separated at the time of the patient's death;(2)An adult child;(3)A parent;(4)An adult sibling;(5)A grandparent or an adult grandchild;(6)An adult aunt or uncle, or an adult niece or nephew.A health care facility, complying in good faith with the provisions of this section, may not be held liable for any injury or damage proximately resulting from compliance with this section. This section does not apply to chemical dependency treatment facilities. Source: SDC 1939, 27.0205; SL 1979, ch 236, 1; SL 1981, ch 258, 1, 2; SL 1989, ch 288; SL 1999, ch 171, 1.
34-12-16. Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.Any building, institution, or establishment for which a license is issued under this chapter shall be inspected by the Department of Health under rules established by the department pursuant to 34-12-13. The provisions of this section do not apply to a licensed hospital or licensed chemical dependency treatment facility surveyed and accredited under the standards of the accreditation program of the joint commission on accreditation of health care organizations that submits to the department, within a reasonable time, copies of its currently valid accreditation certificate and accreditation letter, together with accompanying recommendations and comments and any further recommendations, progress reports, and correspondence directly related to the accreditation. However, the department may inspect all licensed hospitals or licensed chemical dependency treatment facilities to determine compliance with rules promulgated pursuant to subdivisions 34-12-13(1), (2), and (3).The department retains the right of access to all hospital or licensed chemical dependency treatment facility premises and to relevant records to investigate complaints or to follow through on corrective measures related to deficiencies identified by the joint commission survey process which are in conflict with state law or rule. If, prior to an inspection, the operator refuses to allow the inspection, no inspection may be made. If, during the course of the inspection, the operator refuses to allow the inspection to continue, the inspection shall cease. In such cases, the department may immediately initiate revocation proceedings pursuant to chapter 1-26 against the operator's license. Source: SL 1945, ch 108, 5; SL 1953, ch 123, 5; SDC Supp 1960, 27.1205; SL 1980, ch 238, 23; SL 1982, ch 260; SL 1986, ch 278, 10; SL 1989, ch 289; SL 2016, ch 171, 1.
34-12-17. Information received by department confidential--Disclosure.Information received by the State Department of Health under the authority of this chapter shall be confidential, except for official purposes, and shall not be disclosed except in accordance with a proper judicial order, or as otherwise provided by law. Source: SL 1945, ch 108, 8; SL 1953, ch 123, 8; SDC Supp 1960, 27.1208.
34-12-18. Unlicensed operation as misdemeanor.Any person establishing, conducting, managing, or operating any health care facility or related institution without a license is guilty of a Class 1 misdemeanor. Source: SL 1925, ch 220, 7; SDC 1939, 27.9927; SL 1945, ch 108, 9; SL 1953, ch 123, 9; SDC Supp 1960, 27.9946; SL 1977, ch 190, 14; SL 1986, ch 278, 11; SL 1989, ch 290.
34-12-19. Grounds for suspension or revocation of license.The State Department of Health may suspend or revoke a license issued under this chapter on any of the following grounds:(1)Violation of any of the provisions of this chapter or the rules issued pursuant thereto;(2)Permitting, aiding, or abetting the commission of any unlawful act in such institution;(3)Conduct of practices detrimental to the welfare of the patient; and(4)Failure to allow department inspections, including inspections authorized under 34-12-16, complaint inspections and necessary follow-up inspections. Source: SL 1925, ch 220, 5; SDC 1939, 27.1205; SL 1945, ch 108, 7; SL 1953, ch 123, 7; SDC Supp 1960, 27.1207; SL 1986, ch 278, 12.
34-12-2.1. Unlicensed institutions ineligible for state or federal funds.No state or federal funds passing through the state treasury may be paid to a health care facility or related institution which does not have a license issued by the State Department of Health under this chapter. Source: SL 1986, ch 278, 14.
34-12-2. License required to operate institution.No person, partnership, limited liability company, association, or corporation may establish, conduct, or maintain in the State of South Dakota, any health care facility or related institution for the hospitalization or care, or both, of human beings without first obtaining a license from the South Dakota Department of Health in the manner provided in this chapter. The term, corporation, as used in this chapter means public and municipal corporations as well as private corporations. Source: SL 1925, ch 220, 2; SDC 1939, 27.1202; SL 1945, ch 108, 1; SL 1953, ch 123, 1; SL 1955, ch 93; SDC Supp 1960, 27.1201; SL 1986, ch 278, 3; SL 1994, ch 351, 56.
34-12-20. Procedure for suspension or revocation of license.No license shall be suspended or revoked except in compliance with chapter 1-26. Source: SL 1925, ch 220, 5; SDC 1939, 27.1205; SL 1945, ch 108, 7; SL 1953, ch 123, 7; SDC Supp 1960, 27.1207; SL 1972, ch 15, 4.
34-12-21. New license issued after suspension or revocation.If a license is suspended or revoked as provided in 34-12-19, a new application for license may be considered by the said Department of Health if, when, and after the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has been satisfactorily submitted to said department. A new license may then be granted after proper inspection has been made and all provisions of this chapter and the rules and regulations adopted hereunder have been complied with. Source: SL 1945, ch 108, 7; SL 1953, ch 123, 7; SDC Supp 1960, 27.1207.
34-12-22. Appeal from department.Any person aggrieved by any decision or ruling of the said Department of Health may appeal under the provisions of chapter 1-26. Source: SL 1925, ch 220, 5; SDC 1939, 27.1205; SL 1945, ch 108, 7; SL 1953, ch 123, 7; SDC Supp 1960, 27.1207; SL 1972, ch 15, 4.
34-12-29. Promulgation of rules regarding nurse aide registration.The Department of Health and the Board of Nursing may promulgate rules pursuant to chapter 1-26 to provide for the following regarding nurse aide registration:(1)Education, training, and examination requirements;(2)Qualifications of nurse aide instructors;(3)Revocation, denial, or suspension of nurse aide registry status; and(4)Hearing process. Source: SL 1990, ch 268; SL 1995, ch 192.
34-12-3. Licensed child welfare agencies exempt from chapter.The provisions of this chapter do not apply to any state institution, children's home, association or institution having the care of children or pregnant women under its control, which is required to be licensed or registered by the Department of Social Services under chapter 26-6. Source: SL 1925, ch 220, 1; SDC 1939, 27.1201; SL 1945, ch 108, 2; SL 1953, ch 123, 2; SDC Supp 1960, 27.1202; SL 1985, ch 211, 15.
34-12-30. Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.Every nursing facility shall provide written notice to each resident receiving medical assistance under chapter 28-6 if the amount in the resident's interest bearing demand trust account reaches two hundred dollars less than resource limit in the medical assistance program under chapter 28-6. The written notice shall notify the resident that if the amount in the account (in addition to the value of the resident's other nonexempt resources) reaches the resource limit in the medical assistance program under chapter 28-6, the resident may lose eligibility for medical assistance benefits under chapter 28-6 or benefits under the federal supplemental security income program. Source: SL 1991, ch 271, 6.
34-12-31. No charge against resident funds for services paid under medical assistance program.No nursing facility may impose a charge against the moneys and funds of a resident for any item or service for which payment is made under the medical assistance program under chapter 28-6 or the federal medicare program. Source: SL 1991, ch 271, 7.
34-12-32. Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor.Any person engaged in the business of operating a home or facility for the purpose of providing residential services for compensation to two or more elderly or disabled persons not related to the owner by blood or marriage shall register annually with the State Department of Health, unless otherwise required to be licensed under this chapter. As used in this section, the term, "residential services," means room, meals, and daily living services, but not habilitative or health care. The department shall establish procedures and provide forms for registration. No fee may be established for registration. To implement this section, the State Department of Health may adopt rules pursuant to chapter 1-26. Failure to register pursuant to this section is a Class 2 misdemeanor. Source: SL 1991, ch 272, 3.
34-12-33. Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection.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.
34-12-34. Failure to register--Notice--Closure.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.
34-12-35.10. Nursing facility beds at Michael J. Fitzmaurice Veterans Home.Notwithstanding the provisions of 34-12-35.4, the Department of Veterans Affairs may increase the number of nursing facility beds at the Michael J. Fitzmaurice Veterans Home. The total number of beds the nursing facility may operate may not exceed seventy-eight. Source: SL 2016, ch 172, 1, eff. Mar. 25, 2016; SL 2019, ch 142, 1.
34-12-35.11. Annual report to legislative committees on need for additional nursing facility beds or nursing facilities.The Department of Health and the Department of Human Services shall, before the fourth Tuesday in January of each year, submit a written report to and testify before the Senate and House standing committees on health and human services concerning the consideration of additional nursing facility beds or additional new nursing facilities and long-term healthcare needs pursuant to 34-12-35.7. Source: SL 2017, ch 151, 2.
34-12-35.12. Regional nursing facility--Designation. A nursing facility may submit to the Department of Human Services an application for designation as a regional nursing facility. In order to obtain the designation, a nursing facility must:(1)Be enrolled and in good standing with South Dakota Medicaid;(2)Provide home and community-based services in the region through an affiliation or a contractual arrangement;(3)Demonstrate intent to construct a new nursing facility or to substantially remodel an existing facility, upon merging with one or more health care facilities within a thirty-mile radius;(4)Demonstrate that the newly constructed nursing facility or the substantially remodeled facility will:(a)Support a homelike environment with a cluster, neighborhood, or household model layout;(b)Contain single occupancy rooms and toilet areas;(c)Abide by best practices regarding infection control and prevention;(d)Allow for private visitation; and(e)Support other best practices related to aging;(5)Meet any other criteria set forth in rules promulgated by the department for the implementation of this section.Upon approval of the application and completion of the construction or remodeling referenced in this section, the department shall designate the facility as a regional nursing facility. Upon a determination by the department that the proposal is budget-neutral for South Dakota Medicaid, the department shall reimburse the facility in accordance with the regional nursing facility rate methodology.The department may promulgate rules, in accordance with chapter 1-26, to implement this section. Source: SL 2021, ch 141,  1.
34-12-35.4. Number of beds in nursing facility.No nursing facility in this state may operate more than the number of beds authorized by the Department of Health pursuant to this chapter and in existence on July1, 2005. Source: SL 2005, ch 180, 1.
34-12-35.5. Access critical nursing facilities. The Department of Human Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria:(1)No other nursing facility is located within twenty miles;(2)The nursing facility is located in the largest municipality within thirty-five miles, unless the next closest nursing facility is located more than fifty miles from any other nursing facility;(3)The nursing facility provides nursing facility services;(4)The nursing facility is integrated with other health care services, either through affiliation with other services or through formal agreement;(5)The current five-year average number of occupied beds in the facility is less than sixty; and(6)The nursing facility agrees to relinquish any excess moratorium beds that are authorized pursuant to 34-12-35.4. Source: SL 2011, ch 154, 1; SL 2021, ch 140,  1.
34-12-35.6. Redistribution of existing nursing facility beds.Notwithstanding the provisions of 34-12-35.4 and 34-12-39.2, the Department of Health may authorize the increase in the number of beds in an existing nursing facility or may authorize the construction of a new nursing facility as defined in 34-12-1.1, so long as the total number of nursing facility beds statewide does not exceed the total number of beds in existence statewide on July 1, 2005. Source: SL 2012, ch 178, 1.
34-12-35.7. Annual consideration of need for additional nursing facility beds or new nursing facilities .The Department of Health, with assistance from the Department of Human Services, shall annually consider the need for additional nursing facility beds or additional new nursing facilities or both in the state. The following factors shall be taken into consideration:(1)The current number of available nursing facility beds and nursing facilities in the state;(2)The current and projected future need for additional nursing facility beds and nursing facilities in the state and the current long-term care needs of the population to be served;(3)The number of nursing facility beds available for redistribution and the number of nursing facility beds redistributed pursuant to this chapter;(4)The potential impact on existing nursing facilities;(5)Any additional costs to the state or general public that may result; and(6)Other current and projected long-term healthcare needs across the state. Source: SL 2012, ch 178, 2; SL 2017, ch 151, 1.
34-12-35.8. Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules.If a need for additional nursing facility beds or additional new nursing facilities or both in a defined area is identified by the Department of Health in accordance with 34-12-35.7, the department shall solicit and evaluate proposals to address the identified need. In doing so the department shall utilize the process and criteria established in 5-18D-17 to 5-18D-20, inclusive. Additionally, the Department of Health may promulgate rules pursuant to chapter 1-26 to establish additional criteria specific to the identified need. The rules may include criteria pertaining to:(1)Minimum nursing facility occupancy rates;(2)Unique characteristics of the area and population to be served;(3)Proposal viability, including financial business plan information and payor source information;(4)Local community support for the proposed project;(5)Benchmarks for quality assurance;(6)Additional services to be provided; and(7)Ability to meet workforce needs. Source: SL 2012, ch 178, 3.
34-12-35.9. Authorization to increase number of nursing facility beds.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.
34-12-37. Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities.A nursing facility which limits its admissions to only those persons who have resided in an adjacent self-care living unit operated by the nursing facility for at least one year, which also maintains an endowment to provide nursing bed care for such persons who are unable to pay the cost of nursing care, and which does not participate in medicaid may change not more than ten assisted living center beds to nursing beds after June 30, 1992. Source: SL 1991, ch 272, 7A.
34-12-38. Interest of Department of Social Services in funds of deceased resident receiving medical assistance.Upon the death of a resident, the Department of Social Services is entitled to recover any funds of the resident kept or maintained by the home or other facility if the resident was receiving medical assistance from the department at the time of death. The home or other facility may not release or transfer any property under 34-12-15.10 until it has determined that the Department of Social Services has no interest in or right to the property. The department shall file an affidavit pursuant to 29A-3-1201 to establish its right to recover such funds. Source: SL 1994, ch 229, 12; SL 1995, ch 167, 183.
34-12-39.2. New nursing facilities--Limitations--Requirements.No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and has met at least one of the following requirements to:(1)Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;(2)Comply with state licensure standards;(3)Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004;(4)Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions;(5)Improve physical conditions which are related to operational or functional deficiencies; or(6)Consolidate, merge, or join another health care or long-term service provider.The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility must be located within sixty miles of the existing facility. Source: SL 2005, ch 180, 2; SL 2019, ch 143, 2; SL 2020, ch 141,  1.
34-12-39.4. New nursing facility as part of existing facility.Notwithstanding the provisions of 34-12-39.2, a new nursing facility as defined in34-12-1.1 may be constructed, operated, and maintained as part of an existing nursing facility licensed under chapter 34-12 if:(1)The new nursing facility is located within fifteen miles of the existing nursing facility;(2)The combined bed capacity of both the licensed existing nursing facility and the new nursing facility do not exceed the total number of beds afforded to the existing nursing facility under 34-12-35.4; and(3)Both the existing nursing facility and the new nursing facility serve medicaid residents and both facilities independently maintain an annual minimum medicaid occupancy rate no less than ten percent below the state-wide average at the time rates are established.For the purposes of medicaid reimbursement, the facility shall submit a combined annual cost report to include the combined costs for both the existing nursing facility and the new nursing facility. Medicaid reimbursement rates shall be calculated using the combined cost report, and rates will be subject to the ceilings and limitations set forth in rules promulgated pursuant to 28-6-1. The existing facility's medicaid reimbursement rate shall be used to establish the overall ceiling as outlined in rules promulgated pursuant to 28-6-1. The existing nursing facility is limited to construction of one new facility under this section. Source: SL 2010, ch 170, 3.
34-12-39.5. Authorization to construct new nursing facility.Notwithstanding the provisions of 34-12-39.2, a new nursing facility as defined in 34-12-1.1 may be constructed, operated, and maintained with prior authorization by the Department of Health in accordance with 34-12-35.6 to 34-12-35.8, inclusive. Any new nursing facility authorized in accordance with 34-12-35.6 to 34-12-35.8, inclusive shall maintain an annual minimum Medicaid occupancy rate no less than ten percent below the statewide average at the time rates are established. Source: SL 2012, ch 178, 5.
34-12-39.6. Closure of existing nursing facility--Availability of authorized beds.Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases operation, the authorized beds from that existing facility shall be held available by the department for eighteen months from the date the facility closes and shall be available for use by an entity licensed to operate a nursing facility pursuant to this chapter. Source: SL 2019, ch 143, 1.
34-12-39.7. Authorization to construct new nursing facility in Moody County.Notwithstanding the provisions of 34-12-35.4 and 34-12-39.2, a new nursing facility may be constructed and operated on the Flandreau Santee Sioux Reservation in Moody County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursing facility to participate in the Medicaid program. The number of beds in the new facility may not exceed fifty. Source: SL 2020, ch 142,  1, eff. Mar. 24, 2020. 
34-12-39.8. Authorization to construct new nursing facility in Lyman County.Notwithstanding the provisions of 34-12-35.4 and 34-12-39.2, a new nursing facility may be constructed and operated on the Lower Brule Sioux Reservation in Lyman County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursing facility to participate in the Medicaid program. The number of beds in the nursing facility may not exceed fifty. Source: SL 2022, ch 105, 1, eff. Mar. 18, 2022.
34-12-4. Lodging establishments exempt from chapter.Nothing in this chapter shall apply to lodging establishments or other similar places that furnish only board and room, or either, to their guests. Source: SL 1945, ch 108, 2; SL 1953, ch 123, 2; SDC Supp 1960, 27.1202.
34-12-40. Continuing care agreement defined.For the purposes of 34-12-40 to 34-12-47, inclusive, a continuing care agreement is an agreement to provide a person board and lodging, in addition to care in a nursing facility or assisted living center, as defined in 34-12-1.1, for the duration of the person's life, in consideration for an entrance fee paid to the provider. Source: SL 1998, ch 206, 1.
34-12-41. Entrance fee defined.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.
34-12-42. Continuing care retirement community defined.For the purposes of 34-12-40 to 34-12-47, inclusive, a continuing care retirement community is a facility that offers any person, under a continuing agreement, board and lodging, in addition to care in a nursing facility or assisted living center, regardless of whether the lodging and care is provided at the same location. Source: SL 1998, ch 206, 3.
34-12-43. Agreements--Exemptions--Insurance.A continuing care retirement community and any agreement it enters into with its residents is not subject to any provision of Title 58 except as contained in this section. This section does not provide any exemption for the sale of long-term care or other insurance product to a continuing care retirement community. This section does not provide any exemption for the sale of long-term care or other insurance products by persons other than the continuing care retirement community to residents of the continuing care retirement community. Source: SL 1998, ch 206, 4.
34-12-44. Information to be provided.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.
34-12-45. Escrow of fees.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.
34-12-46. Construction--Fees.Any new continuing care retirement community may not start construction until escrowed deposits of at least ten percent of the proposed entrance fee has been received for at least fifty percent of the proposed living units planned to be constructed. This section does not apply to the building of a continuing care retirement community if the funds used for building such facility are exclusively derived from sources other than prospective residents. Source: SL 1998, ch 206, 7.
34-12-47. Notification of escrow accounts.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.
34-12-49. Use of state funds to construct nursing facility on American Indian reservation prohibited.No state funds may be used for the construction of a nursing facility built pursuant to 34-12-48. (Section 34-12-49 is repealed by SL 2003, ch 180, 3, effective June 30, 2005.) Source: SL 2003, ch 180, 2.
34-12-5. Application for license--Contents--Issuance of license--Denial--Contesting the denial.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.
34-12-50. Court order for medical treatment of disabled adult under treatment by spiritual means.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.
34-12-51. Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability.Any institution regulated pursuant to chapter 34-12 and any employee, agent, or member of a medical or dental staff thereof who, in good faith, makes a report of abuse, exploitation, or neglect of any elder or disabled adult, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the report. This immunity extends in a like manner to any public official involved in the investigation of abuse, exploitation, or neglect of any elder or disabled adult, or to any person or institution who in good faith cooperates with any public officials in an investigation. The provisions of this section do not extend to any person alleged to have committed any act of abuse or neglect of any elder or disabled adult or to any person who has aided and abetted any such act. Source: SL 1991, ch 195; SDCL 22-46-6; SL 2005, ch 120, 343, 344; SL 2007, ch 147, 6.
34-12-52. Definition of terms related to trauma care system.Terms used in this section and 34-12-53 to 34-12-55, inclusive, mean:(1)"Department," the Department of Health;(2)"Emergency medical services," health care provided to the patient at the scene, during transportation to a medical facility, between medical facilities, and upon entry at the medical facility;(3)"Trauma," a sudden, severe injury or damage to the body caused by an external force that results in potentially life-threatening injuries or that could result in the following disabilities:(a)Impairment of cognitive or mental abilities;(b)Impairment of physical functioning; or(c)Disturbance of behavioral or emotional functioning;(4)"Trauma care system," a statewide system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both the provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, inter-hospital, and rehabilitative care for trauma patients;(5)"Trauma hospital," a hospital designated by the department as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility; and(6)"Trauma registry," patient-specific trauma data that is maintained by a health care facility, in a format prescribed by rules promulgated pursuant to 34-12-54. Source: SL 2008, ch 168, 1; SL 2017, ch 150, 3; SL 2022, ch 103, 3.
34-12-53. Trauma care system and statewide trauma registry.The department shall develop, implement, and administer a trauma care system including a statewide trauma registry that involves all hospitals, freestanding emergency medical care facilities, rural emergency hospitals, and emergency medical services within the state. Source: SL 2008, ch 168, 2; SL 2017, ch 150, 4; SL 2022, ch 103, 4.
34-12-54. Promulgation of rules regarding trauma care system.The department shall promulgate rules, pursuant to chapter 1-26, to provide for a trauma care system and statewide trauma registry. The rules shall include:(1)Designation of the levels of trauma hospitals or freestanding emergency medical care facilities and the resources each hospital or freestanding emergency medical care facility is required to have concerning personnel, equipment, data collection, and organizational capacity for each level;(2)Prehospital emergency medical services triage and treatment protocols for trauma patients; and(3)Requirements for collection and release of trauma registry data. Source: SL 2008, ch 168, 3; SL 2017, ch 150, 5.
34-12-55. Each facility to meet requirements of one of designated levels of trauma hospital.Each hospital or freestanding emergency medical care facility shall meet the requirements of one of the designated levels of trauma hospitals as provided for in 34-12-54. The department may not direct a hospital or freestanding emergency medical care facility to establish a certain level of designation. Source: SL 2008, ch 168, 4; SL 2017, ch 150, 6.
34-12-56.2. Nursing facility on Cheyenne River Indian Reservation.Notwithstanding the provisions of 34-12-39.2 and 34-12-35.4, a new nursing home may be operated and maintained on the Cheyenne River Indian Reservation located in Eagle Butte, South Dakota. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the Medicaid program. The number of nursing facility beds in the new facility may not exceed fifty. Source: SL 2017, ch 152, 1, eff. Feb. 9, 2017.
34-12-56. Nursing facility construction on American Indian reservations.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.
34-12-57. Services of licensed birth center.Any birth center licensed by the state in accordance with this chapter, may operate to provide care for women before, during, and after normal pregnancy, labor, and birth. Source: SL 2011, ch 155, 1.
34-12-58. Location of birth center.Any birth center shall be located within thirty minutes normal driving time of a hospital licensed pursuant to this chapter that provides routine birth services. Source: SL 2011, ch 155, 3.
34-12-59. License required to operate birth center.Except as provided in 34-12-60, no person may establish or operate a birth center in this state without an appropriate license issued under 34-12-57 to 34-12-63, inclusive. Source: SL 2011, ch 155, 4.
34-12-6. Amount of license fee--Disposition.Any application for a license to operate a health care facility must be accompanied by a fee. The annual license fee established for each licensure category of health care facilities is:(1)For a nursing facility of:(a)Fifty beds or less, six hundred dollars;(b)Fifty-one to one hundred beds, inclusive, nine hundred dollars;(c)One hundred one to one hundred fifty beds, inclusive, one thousand two hundred dollars; and(d)One hundred fifty-one or more beds, one thousand five hundred dollars;(2)For an assisted living center of:(a)Sixteen beds or less, one hundred fifty dollars;(b)Seventeen to fifty beds, inclusive, three hundred dollars;(c)Fifty-one to one hundred beds, inclusive, four hundred fifty dollars; and(d)One hundred one or more beds, six hundred dollars;(3)For a hospital of:(a)Twenty-five beds or less, one thousand dollars;(b)Twenty-six to fifty beds, inclusive, one thousand five hundred dollars;(c)Fifty-one to one hundred beds, inclusive, two thousand dollars;(d)One hundred one to one hundred fifty beds, inclusive, three thousand dollars;(e)One hundred fifty-one to two hundred beds, inclusive, four thousand dollars; and(f)Two hundred one or more beds, five thousand dollars;(4)For an ambulatory surgery center, five hundred dollars;(5)For a chemical dependency treatment facility of:(a)Sixteen beds or less, one hundred fifty dollars;(b)Seventeen to fifty beds, inclusive, three hundred dollars; and(c)Fifty-one or more beds, four hundred fifty dollars;(6)For an inpatient and residential hospice, two hundred dollars;(7)For a freestanding emergency medical care facility, five hundred dollars;(8)For a community living home, one hundred fifty dollars; and(9)For a rural emergency hospital, five hundred dollars.No fee may be refunded. All fees received by the Department of Health under the provisions of this chapter must be paid into the general fund. Source: SL 1945, ch 108, 4; SL 1947, ch 128; SL 1953, ch 123, 4; SDC Supp 1960, 27.1204; SL 1986, ch 278, 5; SL 1987, ch 252; SL 2009, ch 164, 1; SL 2017, ch 149, 2; SL 2017, ch 150, 2; SL 2022, ch 103, 2.
34-12-60. Facilities exempt from birth center license requirements.The following facilities are exempt from the requirements of 34-12-57 to 34-12-63, inclusive:(1)A hospital licensed pursuant to this chapter; and(2)A critical access hospital licensed pursuant to this chapter. Source: SL 2011, ch 155, 5.
34-12-61. Application for birth center license.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.
34-12-62. Promulgation of rules for birth centers.The Department of Health shall promulgate rules pursuant to chapter 1-26 for the issuance, renewal, denial, suspension, and revocation of a license to operate a birth center. The department shall adopt, by rules promulgated pursuant to chapter 1-26, minimum standards to protect the health and safety of mothers and infants of a birth center. The rules shall establish minimum standards regarding:(1)Facility safety, including fire safety and construction, ADA accessibility, and sanitation;(2)Qualifications and supervision of professional and nonprofessional personnel, including certification in neonatal and maternal CPR;(3)Emergency equipment and procedures to provide emergency care;(4)Medical records and reports;(5)Birthing room requirements, including minimum size requirements;(6)Support areas for patients, including toilet, hand washing station, and bath/shower facility;(7)Infection control, including cleaning and laundry requirements, scrub area, decontamination, disinfection, sterilization, and storage of sterile supplies, storage for soiled product, and disposal of medical waste;(8)Medication control;(9)Quality assurance;(10)Information on and access to patient follow-up care;(11)Informed consent and disclosure requirements;(12)Patient screening, assessment, and monitoring, including transport protocols and physician referral protocols; and(13)Administrative and public areas, including staff support areas, reception area, family room, public restroom with toilet and hand washing station, nourishment area, record storage, and provisions for drinking water. Source: SL 2011, ch 155, 7.
34-12-63. Risk assessment system for birth centers.A birth center shall adopt, implement, and enforce a written risk assessment system that conforms to the patient assessment protocols established pursuant to 34-12-62. A birth center shall perform the risk assessment of a potential client prior to accepting the client for admission and shall only admit a client that has been assessed to have a low-risk pregnancy. A birth center client shall be continually assessed to identify if her condition deviates from a low-risk pregnancy at any time during the pregnancy, delivery, or postpartum period. The birth center shall refer or transfer the client to a physician or hospital in accordance with the standards established pursuant to 34-12-62. Source: SL 2011, ch 155, 8.
34-12-64. Certain medical foster homes for veterans exempt from chapter.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.
34-12-65. Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions.Any freestanding emergency medical care facility that is federally certified as a department of a hospital is exempt from the freestanding emergency medical care facility licensing and license fee provisions of this chapter. Source: SL 2017, ch 150, 7.
34-12-66. Mammogram reports required to include information on breast density.Any health care facility as defined in 34-12-1.1 that performs mammography services shall include information on breast density in the mammogram report that is required to be sent to each mammography patient under the Federal Mammography Quality Standards Act (42 U.S.C. Section 263b), as amended to January 1, 2019. The information shall identify the patient's individual breast density classification as determined by the interpreting physician based on the breast imaging reporting and data system standards established by the American College of Radiology. If the interpreting physician determines that a patient has heterogeneously or extremely dense breasts, the mammogram report shall include the following notice:"Your mammogram indicates that you have dense breast tissue. Dense breast tissue is common and is not abnormal. It is found in more than forty percent of women. However, dense breast tissue may make it harder to detect cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information is given to you and your health care provider to raise your awareness of breast density. We encourage you to talk with your health care provider about this and other breast cancer risk factors. Together, you can decide if additional breast imaging would be beneficial based on your mammogram results, risk factors, and physical examination."Notwithstanding any other provision of law, this section does not create a cause of action or create a standard of care, obligation, or duty beyond the duty to provide notice as set forth in this section.This section does not require a notice that is inconsistent with the provisions of the Federal Mammography Quality Standards Act or any regulations adopted under the act. Source: SL 2019, ch 144, 1.
34-12-67. Assisted living facility--Resident--Visitation rights. Each resident of an assisted living facility has a right to receive visitors of the resident's own choosing, at the time of the resident's own choosing, provided the visitation does not impose upon the rights of another resident.In addition to those persons granted access to a resident in accordance with their official capacities, a facility must provide access to any resident by:(1)A member of the resident's immediate family and other relatives of the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent;(2)Any other person visiting with the consent of the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent; and(3)Any person providing health, social, legal, or other services to the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent. Source: SL 2021, ch 142,  1.
34-12-68. Visitation policies and procedures--Limitations and restrictions--Notice--Review. An assisted living facility shall post on its website, if one exists, and in a conspicuous place within the facility, all policies and procedures pertaining to the visitation rights set forth in 34-12-67. The facility shall, prior to the signing of an occupancy contract with a resident and at least annually thereafter, provide electronic copies of the visitation policies and procedures to the resident and the resident's designated family members and shall provide printed copies upon request.If in accordance with federal or state laws, or if in accordance with best clinical practices during a health emergency, the visitation policies and procedures must be limited or restricted, the facility shall inform each resident and designated family members and shall provide electronic or, if requested, printed notices regarding the limitations and restrictions, the reason and rationale for such, and the period of time that the limitations and restrictions are to remain in effect. The facility shall also post such information on its website, if one exists.Any limitations and restrictions instituted in accordance with this section must be reviewed at least every thirty days. The facility shall provide notice of the review to residents and designated family members, encourage the submission of written and oral comments, and give due consideration to the submissions.If after the required review the facility determines that the limitations or restrictions are to be continued, the facility shall post notice of the continuation on the facility's website, if one exists, and in a conspicuous place within the facility. The notice must include:(1)The citation of the federal or state law being implemented; or(2)A link to evidence-based research indicating that the continuation is clinically necessary for the health and safety of the residents.A printed copy of the applicable laws or evidence-based research must be provided upon request. Source: SL 2021, ch 142,  2.
34-12-69. Guidance documents--Visitation--Posting requirement. During a health emergency, each facility shall post on its website, if one exists, a link to the most recent guidance documents provided from or through the Department of Health and pertaining to the imposition of restrictions or limitations on visitation and the conditions under which such restrictions or limitations may be reduced or removed. Source: SL 2021, ch 142,  3.
34-12-7. Department of Health authorized to issue licenses--Promulgation of rules.The State Department of Health may issue licenses to operate a health care facility or related institutions as defined in 34-12-1.1 which, after application and inspection, are found to comply with the provisions of this chapter, and the rules adopted by the State Department of Health. Provision may be made for annual or biennial licenses, prorated license fees, and multiple licenses for health care facilities providing different levels of care and services to patients. To implement this section, the State Department of Health may promulgate rules pursuant to chapter 1-26. Source: SL 1925, ch 220, 3; SDC 1939, 27.1203; SL 1945, ch 108, 7; SL 1953, ch 123, 7; SDC Supp 1960, 27.1207; SL 1969, ch 107; SL 1978, ch 248; SL 1986, ch 278, 6; SL 1992, ch 244; SL 2009, ch 164, 2.
34-12-8.1. Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation.The State Department of Health may issue a probationary license if a licensee under this chapter fails to comply with the provisions of this chapter and if a hearing is pending on licensure suspension or revocation as provided in 34-12-19. Upon issuance of a probationary license and prior to a suspension or revocation proceeding, the licensee may request an inspection by the department. If the department inspects the facility and if the facility meets the provisions of this chapter, the department shall issue a regular license under 34-12-7. A nursing facility or assisted living center which has been issued a probationary license is prohibited from accepting new admissions during the period of probationary licensure. Source: SL 1986, ch 278, 13; SL 1991, ch 272, 2.
34-12-8. Provisional licenses--Circumstances under which issued.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.
34-12-9. License not transferable.No license granted under this chapter shall be assignable or transferable. Source: SL 1945, ch 108, 4; SL 1947, ch 128; SL 1953, ch 123, 4; SDC Supp 1960, 27.1204.
34-12B-1. Right to choose pharmacy for filling prescriptions.Any person shall have the right and privilege of having his prescription filled at the pharmacy or by the pharmacist of his choice. Source: SL 1975, ch 225, 1.
34-12B-2. Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions.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.
34-12B-3. Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as misdemeanor.It is a Class 1 misdemeanor for any licensed nursing facility or nursing facility administrator to accept any rebate or free equipment from, or engage in splitting fees with any pharmacy department or pharmacist that is providing drugs or medicines to such home. Source: SL 1975, ch 225, 3; SL 1977, ch 190, 17.
34-12B-4. Pharmacy splitting fees or giving rebate or free equipment and services to nursing facility as misdemeanor.It is a Class 1 misdemeanor for any licensed pharmacy or pharmacist to split fees with, or give a rebate of any type or furnish free equipment to any nursing facility or nursing facility administrator as an incentive to the nursing facility or nursing facility administrator to designate such pharmacy or pharmacist as an exclusive provider of drugs and medicines. Source: SL 1975, ch 225, 4; SL 1977, ch 190, 18.
34-12B-5. Nursing facility prohibited from providing exclusive services to pharmacy.No nursing facility or nursing facility administrator shall provide services to a pharmacy or pharmacist that is not also made available to all pharmacies or pharmacists providing drugs or medicines to said nursing facility or its residents or patients. A violation of this section is a Class 1 misdemeanor. Source: SL 1975, ch 225, 6; SL 1977, ch 190, 19.
34-12B-6. Violation as ground for suspension or revocation of license.Any violation of this chapter is grounds for the suspension or revocation of the license of a pharmacy, pharmacist, nursing facility, or nursing facility administrator by the appropriate licensing board or commission. Source: SL 1975, ch 225, 7; SL 1977, ch 190, 20.
34-12B-7. Investigation of complaints.The Department of Health shall have the responsibility to investigate any complaints or alleged violations of this chapter. Source: SL 1975, ch 225, 5.
34-12C-1. Definition of terms.Terms used in this chapter mean:(1)"Attending physician," the physician who has primary responsibility for the treatment and care of the patient;(2)"Durable power of attorney for health care," an instrument executed pursuant to 59-7-2.1 that authorizes its attorney in fact to make a health care decision or to consent to health care on behalf of its principal;(3)"Health care," any care, treatment, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition. The term also includes admission to, and personal and custodial care provided by, a licensed health care facility as defined in 34-12-1.1;(4)"Health care decision," the determination of the health care to be provided to a person;(5)"Health care provider," any licensed health care facility and any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care, and any physician licensed pursuant to chapter 36-4;(6)"Incapacitated person," any person who is incapable of giving informed consent to health care;(7)"Person available to consent," any person who is authorized to make a health care decision for an incapacitated person and whose existence is known to the health care provider and who, in the good faith judgment of the health care provider, is reasonably available for consultation and is willing and competent to make an informed health care decision;(8)"Close friend," any adult who has provided significant care and exhibited concern for the patient, and has maintained regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs. Source: SL 1990, ch 222, 1; SL 2007, ch 192, 1.
34-12C-2. Conditions authorizing health care decision by another--Determination by physician.A health care decision by another is authorized under this chapter for an adult person who is incapable of giving informed consent to health care. A person is incapable of giving informed consent to health care if:(1)A guardian has been appointed for him or he has otherwise been adjudged legally incompetent;(2)A limited guardian has been appointed for him and the order of limited guardianship authorizes the limited guardian to make health care decisions on his behalf;(3)It has been so determined by the circuit court as provided in 34-12C-4; or(4)It has been so determined in good faith by his attending physician, acting either alone or in consultation with another physician.A determination by the attending physician that a person is incapable of giving informed consent is effective until there is a subsequent determination, either by the attending physician, or by the circuit court, that the person is either capable of giving informed consent or that the diagnosis upon which the determination of incapacity was based is no longer valid. The attending physician may decline to make a determination as to either a person's capacity or incapacity to give informed consent and a health care provider may, but need not, rely on any such determination.Any determination by an attending physician shall be in writing, shall be signed by the attending physician and shall be made a part of the person's medical record. Source: SL 1990, ch 222, 2; SL 1993, ch 213, 223.
34-12C-3. Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician.In the absence of a durable power of attorney for health care or the appointment of a guardian of the person, or if neither the attorney in fact nor guardian is available to consent, a health care decision for an incapacitated person may be made by the following persons or members of the incapacitated person's family who are available to consent, in the order stated:(1)The spouse, if not legally separated;(2)An adult child;(3)A parent;(4)An adult sibling;(5)A grandparent or an adult grandchild;(6)An adult aunt or uncle, adult cousin, or an adult niece or nephew;(7)Close friend.However, any person may, before a judicial adjudication of incompetence or incapacity, disqualify any member of the person's family from making a health care decision for the person. The disqualification shall appear in a document signed by the person or may be made by a notation in the person's medical record, if made at the person's direction.Any member of the incapacitated person's family may delegate the authority to make a health care decision to another family member in the same or succeeding class. The delegation shall be signed and may specify conditions on the authority delegated.Any person authorized to make a health care decision for an incapacitated person shall be guided by the express wishes of the incapacitated person, if known, and shall otherwise act in good faith, in the incapacitated person's best interest, and may not arbitrarily refuse consent. Whenever making any health care decision for the incapacitated person, the person available to consent shall consider the recommendation of the attending physician, the decision the incapacitated person would have made if the incapacitated person then had decisional capacity, if known, and the decision that would be in the best interest of the incapacitated person. Source: SL 1990, ch 222, 3; SL 2007, ch 192, 2.
34-12C-4. Court-ordered health care--Conditions.If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, appoint its own representative to make the decision, or order any other appropriate relief.However, the circuit court may act only if it makes a further finding that:(1)There is no person available to consent; or(2)There are two or more persons in the same class available to consent and their decision is not unanimous; or(3)The person seeking to make the health care decision is not authorized to do so, is not reasonably available, is not able to make an informed decision, lacks capacity, or is not acting as required by 34-12C-3; or(4)The health care provider has declined to follow the direction of a person authorized to make the health care decision; or(5)There are other substantial reasons for the circuit court's intervention; and(6)The relief granted is not inconsistent with the incapacitated person's express wishes, if known, and is otherwise in his best interest. Source: SL 1990, ch 222, 4.
34-12C-5. Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court-ordered investigation.A petition pursuant to 34-12C-4 may be filed by the incapacitated or alleged incapacitated person, by any person who is, or who might be, authorized to make a health care decision for him pursuant to 34-12C-3, by a health care provider or by any other interested person. Any petition shall be filed in the circuit court where the incapacitated or alleged incapacitated person either resides or is present for purposes of receiving health care.The petition shall state, or set forth by affidavit, medical records or other evidence attached thereto, all of the following so far as known to the petitioner:(1)The nature of the physical or mental condition which requires treatment;(2)The recommended course of treatment and its predictable or probable outcome;(3)The available alternatives, if any, to the recommended course of treatment;(4)The efforts made to obtain informed consent if the petition requests that the circuit court make a determination that an alleged incapacitated person is incapable of giving an informed consent; and(5)Such other matters as may be necessary or appropriate for the specific relief requested.Reasonable notice of time and place of hearing on the petition shall be given to the incapacitated or alleged incapacitated person and to any other person as the court may direct. However, the court may modify or dispense with notice and hearing if it finds that the delay may have a serious adverse effect upon the health of the incapacitated or alleged incapacitated person.The court may appoint a guardian ad litem to make an investigation, report and recommendation as to the relief requested in the petition, or on any other matters as the court may direct. Source: SL 1990, ch 222, 5.
34-12C-6. Rights of authorized person as incapacitated person.The informed consent of the person authorized under this chapter to make a health care decision shall, for all purposes, be deemed the informed consent of the incapacitated person. The person has the same right as does the incapacitated person to receive information relevant to the proposed health care, and to receive, review, and consent to the disclosure of medical records. Disclosure of information regarding contemplated health care to a person authorized to make a health care decision for an incapacitated person is not a waiver of any evidentiary privilege or of a right to assert confidentiality. Source: SL 1990, ch 222, 6.
34-12C-7. Liability of health care provider--Liability of authorized decision maker.A health care provider acting or declining to act in reliance on a health care decision by a person whom the health care provider believes in good faith is authorized by this chapter to make a health care decision for another is not subject to criminal prosecution, civil liability, or professional disciplinary action on the ground that the person either had or did not have authority, capacity, or sufficient interest to make an informed health care decision or for disclosing to the person medical records or other information.A health care provider who believes in good faith that a person is incapable of giving informed consent for himself or lacks authority, capacity, or sufficient interest to make an informed health care decision for another is not subject to criminal prosecution, civil liability, or professional disciplinary action for failing to follow that person's direction or for making such determination.A health care provider who in good faith believes that a person is capable of giving informed consent for his own health care is not subject to criminal prosecution, civil liability, or professional disciplinary action for following that person's direction or for making such determination.A person who in good faith believes that he is authorized under this chapter to make an informed health care decision for another is not subject to criminal prosecution or civil liability on the ground that he lacked authority or capacity. Source: SL 1990, ch 222, 7.
34-12C-8. Scope of chapter.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.
34-12C-9. Insertion of urinary catheter into patient under age sixteen without consent of parent or guardian prohibited.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.
34-12D-1. Definition of terms.Terms used in this chapter mean:(1)"Attending physician," the physician who has primary responsibility for the treatment and care of the patient;(2)"Declaration," a writing executed in accordance with the requirements of 34-12D-2;(3)"Health care provider," any licensed health care facility or any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care;(4)"Life-sustaining treatment," any medical procedure or intervention that, when administered to a patient, will serve only to postpone the moment of death or to maintain the patient in a condition of permanent unconsciousness. The term does not include the provision of appropriate care to maintain comfort, hygiene and human dignity, the oral administration of food and water, or the administration of any medication or other medical procedure deemed necessary to alleviate pain;(5)"Person," an individual, corporation, business trust, estate, trust, limited liability company, partnership, association, joint venture, government, governmental subdivision, or agency, or any other legal or commercial entity;(6)"Physician," an individual licensed to practice medicine in this state;(7)"Terminal condition," an incurable and irreversible condition such that, in accordance with accepted medical standards, death is imminent if life-sustaining treatment is not administered, or a coma or other condition of permanent unconsciousness that, in accordance with accepted medical standards, will last indefinitely without significant improvement and in which the individual is unable to communicate verbally or nonverbally, demonstrates no purposeful movement or motor ability, and is unable to interact purposefully with environmental stimulation. Source: SL 1991, ch 273, 1; SL 1994, ch 351, 57; SL 2007, ch 193, 1.
34-12D-10. Treatment of pregnant woman notwithstanding declaration.Notwithstanding a declaration made pursuant to this chapter, life-sustaining treatment and artificial nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman's medical chart by the attending physician and one other physician who has examined the woman, such procedures will not maintain the woman in such a way as to permit the continuing development and live birth of the unborn child or will be physically harmful to the woman or prolong severe pain which cannot be alleviated by medication. Source: SL 1991, ch 273, 10.
34-12D-11. Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider.A health care provider need not participate in the withdrawal or withholding of life-sustaining treatment. However, a health care provider electing for any reason not to participate in the withholding or withdrawal of life-sustaining treatment shall make a reasonable effort to locate and to transfer the declarant to a physician or health care provider willing to honor the declaration. Source: SL 1991, ch 273, 11; SL 2007, ch 193, 6.
34-12D-12. Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider.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.
34-12D-13. Immunity from civil or criminal liability, and from professional discipline.A health care provider is not subject to civil or criminal liability or to professional disciplinary action for giving effect to a declaration, absent actual knowledge of its revocation, for determining that a terminal condition does or does not exist or for declining to give effect to a declaration under 34-12D-11. Source: SL 1991, ch 273, 12; SL 2007, ch 193, 8.
34-12D-14. Withdrawal or withholding of treatment neither suicide or homicide.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.
34-12D-15. Withdrawal or withholding of treatment--Effect upon life insurance or annuity.The making of a declaration pursuant to this chapter does not affect the sale, procurement, or issuance of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annuity is not legally impaired or invalidated by the withdrawal or withholding of life-sustaining treatment from an insured, notwithstanding any term to the contrary. Source: SL 1991, ch 273, 14.
34-12D-16. Insurer or health-care provider may not prohibit or require declaration.A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health-care services. Source: SL 1991, ch 273, 15.
34-12D-17. Revocation of or failure to execute declaration--No presumption created concerning intent.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.
34-12D-18. Patients able to make decisions regarding medical care--Effect upon rights.This chapter does not affect the right of a patient to make decisions regarding the use of life-sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that a person has to effect the withdrawal or withholding of medical care. Source: SL 1991, ch 273, 17.
34-12D-19. Health care provider not required to deviate from accepted medical standards.This chapter does not require a physician or other health care provider to take action contrary to accepted medical standards. Source: SL 1991, ch 273, 18; SL 2007, ch 193, 10.
34-12D-2. Declaration--Requirements as to execution.A competent adult may at any time execute a declaration governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be signed by the declarant, or another at the declarant's direction, and witnessed by two adult individuals. The signing may be in the presence of a notary public who shall thereafter notarize the declaration. A declaration shall state the declarant's preferences regarding whether the declarant wishes to receive or not receive artificial nutrition and hydration. If the declaration does not state the declarant's preferences with respect to artificial nutrition and hydration, whether artificial nutrition and hydration is to be provided, withheld, or withdrawn shall be governed by the law of this state which would apply in the absence of a declaration. Source: SL 1991, ch 273, 2.
34-12D-20. Mercy-killing, euthanasia, suicide, and assisted suicide not condoned.This chapter does not condone, authorize, or approve mercy-killing or euthanasia, suicide or assisted suicide. Source: SL 1991, ch 273, 19.
34-12D-21. Assumption as to valid declaration permissible.In the absence of actual knowledge to the contrary, a health care provider may assume that a declaration complies with this chapter and is valid. Source: SL 1991, ch 273, 20; SL 2007, ch 193, 11.
34-12D-23. Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide.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.
34-12D-24. Standing to bring injunctive relief against person believed to be about to assist in suicide.A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating 22-16-37 by any person who is:(1)The spouse, parent, child, sibling, legally appointed guardian, or conservator of the person who would commit suicide;(2)Entitled to inherit under the laws of intestate succession from the person who would commit suicide or the beneficiary under a life insurance policy of the person who would commit suicide;(3)Any health care provider of the person who would commit suicide;(4)Any public official with appropriate jurisdiction to prosecute or enforce the laws of this state. Source: SDCL 22-16-37.2; SL 2005, ch 120, 169, 170.
34-12D-25. Cause of action for compensatory and punitive damages for assisting suicide.Any person given standing by subdivision 34-12D-24(1) or (2) or the person who would have committed suicide, in the case of an attempt, may maintain a cause of action against any person who violates or attempts to violate 22-16-37 for compensatory damages and punitive damages. An action under this section may be brought whether or not the plaintiff had prior knowledge of the violation or attempt. Source: SDCL 22-16-37.3; SL 2005, ch 120, 170.
34-12D-26. Attorney's fees to plaintiff in assisted suicide action.Reasonable attorney's fees shall be awarded to the prevailing plaintiff in any civil action brought pursuant to 34-12D-24 or 34-12D-25. Source: SDCL 22-16-37.4; SL 2005, ch 120, 170.
34-12D-27. Licensing board notified of assisted suicide violation.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.
34-12D-28. Revocation of license for assisted suicide violation.Any professional licensing board authorized pursuant to Title 36 may, subject to the procedures set out in Title 36, suspend or revoke the license of any licensed health care professional who:(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 22-16-37.6; SL 2005, ch 120, 170.
34-12D-29. Licensed health care professional defined.For the purposes of 34-12D-23 to 34-12D-28, inclusive, the term, licensed health care professional, means any physician, surgeon, podiatrist, osteopath, physician assistant, nurse, certified nurse practitioner, certified nurse midwife, clinical nurse specialist, certified registered nurse anesthetist, dentist, or pharmacist licensed pursuant to Title 36. Source: SDCL 22-16-37.7; SL 2005, ch 120, 170; SL 2007, ch 193, 12.
34-12D-3. Declaration--Sample form.A declaration may, but need not, be in the following form:LIVING WILL DECLARATIONThis 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.TO MY FAMILY, HEALTH CARE PROVIDER, AND ALL THOSE CONCERNED WITH MY CARE: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. Date: _________________________________________________________(your signature)___________________________________________________________________(your address)(type or print your signature)The declarant voluntarily signed this document in my presence.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 ________, ______.______________________________________ Notary PublicMy commission expires: ____________________________. Source: SL 1991, ch 273, 3; SL 2007, ch 193, 2.
34-12D-4. Multiple documents--Resolving conflicts--Participation by attorney in fact.If an individual has executed both a declaration and a durable power of attorney, the later executed document shall control to the extent that its provisions conflict with the provisions of the earlier executed document. However, nothing in this chapter may be construed to create a presumption that an attorney in fact may not participate in the implementation of a declaration. Source: SL 1991, ch 273, 4.
34-12D-5. When declaration becomes operative.A living will declaration becomes operative when the declarant is determined by the attending physician to be in a terminal condition, death is imminent, and the declarant is no longer able to communicate decisions about medical care. Source: SL 1991, ch 273, 5; SL 2007, ch 193, 3.
34-12D-6. Decisions regarding life-sustaining treatment--Rights of qualified patient.A qualified patient may make decisions regarding life-sustaining treatment so long as the patient is able to do so. Source: SL 1991, ch 273, 8.
34-12D-7. Entry of declaration into medical record.Upon determining that a declarant is in a terminal condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record. Source: SL 1991, ch 273, 7.
34-12D-8. Revocation of declaration--Medical record to contain revocation.A declarant may revoke a declaration at any time and in any manner without regard to the declarant's mental or physical condition. A revocation is effective upon communication to the health care provider. The health care provider shall make the revocation a part of the declarant's medical record. Source: SL 1991, ch 273, 6; SL 2007, ch 193, 4.
34-12D-9. Providing for patient's comfort and related needs--Responsibility of health care provider.This chapter does not affect the responsibility of any health care provider to provide treatment when necessary to alleviate pain or to provide for the patient's comfort, hygiene, or human dignity. Source: SL 1991, ch 273, 9; SL 2007, ch 193, 5.
34-12E-1. Definition of terms.Terms used in this chapter mean:(1)"Health care procedure," an act of diagnosis, treatment, or care to a patient for which compensation is or may be charged;(2)"Health care provider," any licensed health care facility licensed pursuant to chapter 34-12 or any practitioner of the healing arts, including a physician licensed under chapter 36-4, dentist, optometrist, podiatrist, chiropractor, physical therapist, respiratory care practitioner, occupational therapist, or psychologist;(3)"Patient," an individual who receives, or requests to receive, diagnosis, treatment, or care from a health care provider. Source: SL 1994, ch 276, 1.
34-12E-11.1. Website available to public for reporting charge information.The South Dakota Association of Healthcare Organizations shall develop a web-based system, available to the public at no cost, for reporting the charge information of hospitals. The charge information shall include disclaimers regarding factors, including case severity ratings and individual patient variations, which may affect actual charges to a patient for services rendered. The website shall provide information that compares hospital-specific data to hospital statewide data. The website shall be established by June 1, 2009, and shall be updated no less than annually. Source: SL 2008, ch 169, 2.
34-12E-11. Annual hospital report on charge information--Promulgation of rules.Any hospital licensed pursuant to chapter 34-12 shall report annually to the South Dakota Association of Healthcare Organizations the charge information as described in 34-12E-13 for that hospital's All Patient Refined Diagnosis-Related Groups for which that hospital had at least ten cases during the twelve months preceding the report. The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the reporting of the charge information by hospitals. The rules shall include:(1)The method for hospitals to report charges; and(2)Standards that provide for the validity and comparability of charge reports. Source: SL 2005, ch 182, 1; SL 2008, ch 169, 1.
34-12E-12. Hospital charge information website linked to department website.The Department of Health shall provide a link to the web-based system developed pursuant to 34-12E-11.1 on its website. Source: SL 2005, ch 182, 2; SL 2008, ch 169, 3.
34-12E-13. Charge information defined.For the purposes of 34-12E-11 and 34-12E-11.1, the term, charge information, includes the number of discharges; average length of stay; average charge; median charge; demographic information; payer mix; charges not paid and charges paid by medicare, medicaid, and other government programs, and private insurance; and uncompensated care. Source: SL 2005, ch 182, 3; SL 2008, ch 169, 4.
34-12E-8. Disclosure of fees and charges upon request.All fees and charges for health care procedures shall be disclosed by a health care provider or facility upon request of a patient. Source: SL 1994, ch 276, 8.
34-12E-9. Failure to comply--Disciplinary action.Failure to comply with the provisions of this chapter shall be grounds for disciplinary action on behalf of the appropriate licensing agency. Source: SL 1994, ch 276, 9.
34-12F-1. Definitions.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.
34-12F-2. Execution of EMS cardiopulmonary resuscitation directive.Any adult who has the decisional capacity to provide informed consent to, or refusal of, medical treatment, or any other person who is, pursuant to 34-12C-2 or 59-7-2.5 or other laws of this state, authorized to make medical treatment decisions on behalf of a person who lacks such decisional capacity, may execute an EMS cardiopulmonary resuscitation directive. Source: SL 2004, ch 226, 2; SL 2005, ch 183, 2. 
34-12F-3. Implementation of directive by emergency medical personnel--Rules--Construction of section.The Department of Health may promulgate rules, pursuant to chapter 1-26, for the implementation of EMS cardiopulmonary resuscitation directives by emergency medical personnel. Any such rules shall include protocols for uniform methods for rapid identification of persons, including a unique, immediately recognizable bracelet to be worn for immediate identification of persons who have executed an EMS cardiopulmonary resuscitation directive, controlled distribution of the methods of identifying such persons, and any other pertinent information. Nothing in this section may be construed to restrict any other manner in which a person may make a cardiopulmonary resuscitation directive. Source: SL 2004, ch 226, 3; SL 2005, ch 183, 3; SL 2015, ch 277 (Ex. Ord. 15-1), 33, eff. Apr. 20, 2015.
34-12F-4. Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct.Any emergency medical service personnel, health care provider, and health care facility shall comply with a person's EMS cardiopulmonary resuscitation directive that is apparent and immediately available. Any emergency medical service personnel, health care provider, health care facility, or any other person who, in good faith, complies with an EMS cardiopulmonary resuscitation directive which is perceived to be valid is not subject to civil or criminal liability or to discipline for unprofessional conduct. Source: SL 2004, ch 226, 4; SL 2005, ch 183, 4. 
34-12F-5. Effect of compliance with directive on criminal prosecution of person otherwise criminally charged.Compliance by any emergency medical service personnel, health care provider, or health care facility with an EMS cardiopulmonary resuscitation directive does not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act. Source: SL 2004, ch 226, 5; SL 2005, ch 183, 5. 
34-12F-6. Directive for person admitted to health care facility--Implementation as physician's order.An EMS cardiopulmonary resuscitation directive for any person who is admitted to a health care facility shall be implemented as a physician's order concerning resuscitation as directed in the EMS cardiopulmonary resuscitation directive, pending any further order by a physician. Source: SL 2004, ch 226, 6; SL 2005, ch 183, 6. 
34-12F-7. Directive or failure to execute directive--Effect on annuity or insurance.Neither an EMS cardiopulmonary resuscitation directive nor the failure of a person to execute one affects, impairs, or modifies any contract of life or health insurance or annuity or constitutes the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor. Source: SL 2004, ch 226, 7; SL 2005, ch 183, 7. 
34-12F-8. Revocation of directive.An EMS cardiopulmonary resuscitation directive may be revoked at any time by the person who is the subject of the directive or by any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of the person who is the subject of the directive. Source: SL 2004, ch 226, 8; SL 2005, ch 183, 8. 
34-12F-9. Parental notification required to withhold resuscitation--Records--Parental objection--Court action.If a physician determines that a patient who is an unemancipated minor has a life-limiting illness, the physician may not institute an order to withhold resuscitation unless the physician has:(1)Informed at least one of the patient's parents or the patient's legal guardian of the intent to institute such an order; and(2)Made a reasonable attempt to inform the patient's other parent, if that parent's contact information is available or discernible, and if that parent has custodial or visitation rights.The physician shall provide the information required by this section orally and in written form unless, using medical judgment, the physician determines that the urgency of the patient's condition requires reliance on only oral information.The physician shall ensure that all communications made or attempted in accordance with this section are contemporaneously documented in the patient's medical record and that the record includes a listing of all participants in the communication, the date and time that communications or attempted communications occurred, and whether the information was provided orally or in written form. Copies of any written information provided must also be placed in the medical record.Either of the patient's parents or the patient's legal guardian may object, orally or in written form, to the institution of an order to withhold resuscitation. The objection must be contemporaneously documented in the patient's medical record. An objection under this section precludes the physician from instituting an order to withhold resuscitation until the objection is withdrawn or a court permits institution of the order.If the patient's parents are unable to agree on the institution of an order to withhold resuscitation, either parent may petition the circuit court of the county in which that parent resides or in which the patient is receiving treatment for an order enjoining a violation or a threatened violation of this section or to resolve a conflict. Pending a final determination, including any appeals, an order to withhold resuscitation may not be instituted. Source: SL 2019, ch 145, 1.
34-12G-1. Program to assist rural communities recruit health care professionals.The Department of Health may establish a program to assist rural communities in recruiting physicians, dentists, physician assistants, certified nurse practitioners, and certified nurse midwives. Source: SL 2012, ch 179, 1; SL 2017, ch 171, 50.
34-12G-10. Program to assist rural health care facilities recruiting health care professionals.The Department of Health may establish a program to assist rural health care facilities in recruiting eligible health care professionals as defined pursuant to 34-12G-12. Source: SL 2012, ch 180, 1.
34-12G-11. Eligible rural health care facilities.A rural health care facility eligible to participate in the recruitment assistance program is any rural health care facility which:(1)Is located in a community with a population of ten thousand or less;(2)Is licensed pursuant to chapter 34-12 or certified under Title XVIII or XIX of the Social Security Act as amended through December 31, 2011; and(3)Agrees to provide its portion of the recruitment assistance payment payable to a health care professional who practices in the health care facility as required by 34-12G-10 to 34-12G-17, inclusive.A rural health care facility may have up to three eligible health care professionals per year participate in the program. Source: SL 2012, ch 180, 2.
34-12G-12. Eligible health care professionals.A health care professional is eligible to participate in the recruitment assistance program, established pursuant to 34-12G-10 to 34-12G-17, inclusive, if the health care professional is licensed or certified to practice in his or her profession in South Dakota and agrees to practice full time in an eligible rural health care facility for a minimum period of three years. No more than sixty health care professionals may participate in the program each year. The Department of Health shall promulgate rules pursuant to chapter 1-26 to specify those health care professionals eligible to receive incentive payments under this recruitment assistance program. Source: SL 2012, ch 180, 3.
34-12G-13. Incentive payment.A health care professional who fulfills the requirements of the recruitment assistance program established pursuant to 34-12G-10 to 34-12G-17, inclusive, is entitled to receive an incentive payment not to exceed ten thousand dollars. Source: SL 2012, ch 180, 4.
34-12G-14. Rural health care facility agreement for payment of recruitment assistance.Any agreement for the payment of recruitment assistance pursuant to 34-12G-10 to 34-12G-17, inclusive, shall obligate the rural health care facility employing the health care professional to provide a portion of the total amount of recruitment incentives based on the following criteria: rural health care facilities in communities of two thousand five hundred persons or less shall provide twenty-five percent of recruitment incentive payments, and rural health care facilities in communities of greater than two thousand five hundred persons shall provide fifty percent of recruitment incentive payments. When the rural health care facility certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of health shall pay to the health care professional the remaining balance of the total incentive amount. The secretary shall pay the required amount out of funds appropriated by the Legislature for such purpose. The incentive shall be paid upon the health care professional's completion of the required three-year practice period. However, a rural health facility may pay its portion of the incentive at any time during the three-year period. Source: SL 2012, ch 180, 5.
34-12G-15. Agreement to be approved by secretary of health.No recruitment assistance agreement entered into pursuant to the provisions of 34-12G-10 to 34-12G-17, inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the form of the agreements and procedures for approval by rules promulgated pursuant to chapter 1-26. Source: SL 2012, ch 180, 6.
34-12G-16. Restrictions on participation.No person may participate in the program established pursuant to the provisions of 34-12G-10 to 34-12G-17, inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obligates the person to provide medical services within an underserved area. Source: SL 2012, ch 180, 7.
34-12G-17. Participating rural health care facility to be medical assistance provider.Any rural health care facility participating in the program established pursuant to the provisions of 34-12G-10 to 34-12G-17, inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any person eligible under chapter 28-6 and may not refuse treatment to any such person while participating in the program. Source: SL 2012, ch 180, 8.
34-12G-2. Eligible rural communities.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.
34-12G-3. Eligible health care professionals. A physician is eligible to participate in the recruitment assistance program established pursuant to 34-12G-1 to 34-12G-9, inclusive, if the physician is licensed to practice medicine pursuant to chapter 36-4 and has completed an accredited residency program in family practice, pediatrics, internal medicine, or obstetrics/gynecology, and if the physician agrees to practice in an eligible rural community for a minimum period of three years. No more than fifteen physicians may participate in the program at any specified time. Preference shall be given to physicians who have graduated from the University of South Dakota School of Medicine and completed an accredited residency program located in South Dakota.A dentist is eligible to participate in the recruitment assistance program established pursuant to 34-12G-1 to 34-12G-9, inclusive, if the dentist is licensed to practice dentistry pursuant to chapter 36-6A and agrees to practice general or pediatric dentistry in an eligible rural community for a minimum period of three years. No more than five dentists may participate in the program at any specified time.A physician assistant, certified nurse practitioner, or certified nurse midwife is eligible to participate in the recruitment assistance program established pursuant to 34-12G-1 to 34-12G-9, inclusive, if the physician assistant, certified nurse practitioner, or certified nurse midwife is licensed to practice pursuant to chapter 36-4A or chapter 36-9A, respectively, and has completed an accredited physician assistant, certified nurse practitioner, or certified nurse midwife program and if the person agrees to practice as a primary care physician assistant, family certified nurse practitioner, or certified nurse midwife in an eligible rural community for a minimum period of three years.A certified registered nurse anesthetist is eligible to participate in the recruitment assistance program established pursuant to  34-12G-1 to 34-12G-9, inclusive, if the nurse is authorized to practice the nursing specialty of nurse anesthesia, as described in  36-9-3.1, and agrees to practice as a certified registered nurse anesthetist in an eligible rural community for a minimum period of three years.No more than a cumulative total of fifteen physician assistants, certified nurse practitioners, certified nurse midwives, or certified registered nurse anesthetists may participate in the program at any specified time. Source: SL 2012, ch 179, 3; SL 2017, ch 171, 50; SL 2021, ch 143,  1.
34-12G-4. Incentive payment.A physician or dentist who fulfills the requirements of the recruitment assistance program established pursuant to 34-12G-1 to 34-12G-9, inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota School of Medicine resident tuition for the four most recently completed academic years.A physician assistant, certified nurse practitioner, or certified nurse midwife who fulfills the requirements of the recruitment assistance program established pursuant to 34-12G-1 to 34-12G-9, inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota resident tuition for physician assistant studies for the three most recently completed academic years. Source: SL 2012, ch 179, 4; SL 2017, ch 171, 50.
34-12G-5. Rural community agreement for payment of recruitment assistance.Any agreement for the payment of recruitment assistance pursuant to 34-12G-1 to 34-12G-9, inclusive, shall obligate the rural community to be served by a physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife to provide a portion of the total amount of the incentive payment, based on the following criteria: communities of two thousand five hundred persons or less shall provide twenty-five percent of incentive payments; communities of more than two thousand five hundred persons and less than five thousand persons shall provide fifty percent of incentive payments; and all remaining eligible communities shall provide seventy-five percent of incentive payments. When the rural community certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of the Department of Health shall pay to the physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife the remaining balance of the total incentive payment amount. The secretary shall pay the required amount out of funds appropriated by the Legislature for such purpose. The incentive payment shall be paid upon completion of the required three-year practice period by the physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife. However, a community may pay its portion of the incentive payment at any time during the three-year period. Source: SL 2012, ch 179, 5; SL 2017, ch 171, 50.
34-12G-6. Appropriation of funds.Any municipality or county may appropriate funds for the purpose of carrying out the provisions of 34-12G-1 to 34-12G-9, inclusive. Source: SL 2012, ch 179, 6.
34-12G-7. Agreement to be approved by secretary of health.No recruitment assistance agreement entered into pursuant to the provisions of 34-12G-1 to 34-12G-9, inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the format of the agreements and procedures for approval. Source: SL 2012, ch 179, 7.
34-12G-8. Restrictions on participation.No person may participate in the program established pursuant to the provisions of 34-12G-1 to 34-12G-9, inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obligates the person to provide medical services within an underserved area. Source: SL 2012, ch 179, 8.
34-12G-9. Program participant to be medical assistance provider.Any person participating in the program established pursuant to the provisions of 34-12G-1 to 34-12G-9, inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any individual eligible under chapter 28-6 and may not refuse treatment to any such individual while participating in the program. Source: SL 2012, ch 179, 9.
34-12H-1. Definitions.Terms used in this chapter mean:(1)"Advance health care directive," a durable power of attorney executed under 59-7-2.1 to 59-7-2.4, inclusive, a living will executed under chapter 34-12D, or an EMS cardiopulmonary resuscitation directive executed pursuant to chapter 34-12F;(2)"Authorized representative," a person authorized to make health care decisions for a patient pursuant to chapters 29A-5 or 34-12C or 59-7-2.1 to 59-7-2.4, inclusive;(3)"Decision-making capacity," a patient's ability to understand to a reasonable extent the nature of and the significant benefits, risks and alternatives to any proposed health care and to make and communicate, with reasonable accommodation when necessary, a decision regarding the health care;(4)"Department," the Department of Health;(5)"Health care provider," as defined in 34-12D-1;(6)"Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;(7)"Life-sustaining treatment," as defined in subdivision 34-12D-1(4);(8)"Medical provider," a physician, physician assistant or certified nurse practitioner designated by a patient or the patient's authorized representative, to have responsibility for the patient's health care;(9)"Medical order for scope of treatment," or "MOST," a document, other than an advance health care directive, executed by a patient who has been diagnosed with a terminal condition, or the patient's authorized representative, and the patient's medical provider and entered in the patient's medical record that provides direction to health care providers about the patient's goals and preferences regarding the use of medical interventions, including cardiopulmonary resuscitation and other life-sustaining treatment;(10)"Patient," a person who has been diagnosed with a terminal condition;(11)"Secretary," the secretary of the Department of Health;(12)"Terminal condition," as defined in 34-12D-1. Source: SL 2019, ch 146, 1.
34-12H-10. Refusal of health care provider to comply with MOST.A health care provider who refuses to comply with the provisions of a duly executed MOST shall:(1)Not prevent the transfer of the patient to another health care provider who is willing to comply with the MOST; and(2)Continue providing care for the patient until the transfer is completed. Source: SL 2019, ch 146, 10.
34-12H-11. Execution or revocation of MOST may not be condition for providing health care.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.
34-12H-12. Immunity of health care provider.A health care provider acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:(1)Complying with a MOST and assuming that it was valid when made and has not been revoked;(2)Not complying with a MOST when it appears it was revoked or invalid when made;(3)Not complying with a MOST due to the health care provider's beliefs as a matter of conscience; or(4)The good faith belief that the patient has or lacks decision-making capacity. Source: SL 2019, ch 146, 12.
34-12H-2. Patient or representative may execute MOST.A patient with decision-making capacity, or in the case that a patient lacks decision-making capacity, the patient's authorized representative, may execute a MOST in the form and manner prescribed by 34-12H-4. Source: SL 2019, ch 146, 2.
34-12H-3. Representative may only act when patient lacks decision-making capacity.A patient's authorized representative may execute a MOST only if the patient lacks decision-making capacity. The patient's lack of decision-making capacity shall be recorded in the patient's medical record. Source: SL 2019, ch 146, 3.
34-12H-4. MOST form--Contents.The secretary shall develop a standardized form for a MOST and instructions for completion of the form. The secretary shall make the form available to the public on the department's website. A completed form includes:(1)The name and date of birth of the patient;(2)A statement that the patient either has or does not have an advance health care directive;(3)Information regarding the patient's diagnosis of a terminal condition;(4)Information indicating the preference of the patient or the patient's authorized representative regarding the use of cardiopulmonary resuscitation, specified medical interventions, and the intensity of treatment for each intervention, and if there is no such indication of the patient or authorized representative's preference, a directive to health care providers to use all necessary and appropriate medical interventions;(5)A provision directing the administration of artificial nutrition and hydration unless it is determined that:(a)Artificial nutrition and hydration cannot reasonably be expected to prolong the patient's life;(b)The burden of providing artificial nutrition and hydration outweighs its benefit, if the determination of burden refers to the provision of artificial nutrition and hydration itself and not to the quality of the continued life of the patient;(c)Administering artificial nutrition and hydration would cause the patient significant discomfort; or(d)The patient has expressed a desire not to receive artificial nutrition and hydration by tube;(6)A statement confirming that the medical provider and the patient or the patient's authorized representative had a discussion about the patient's medical condition, treatment goals, and use of medical intervention;(7)A statement confirming that the execution of the MOST by the patient or the patient's authorized representative is based on informed consent;(8)A statement advising the patient that if there is a conflict between the MOST and the patient's written directives in any previously executed and unrevoked durable power of attorney or living will, the health care provider will treat the patient in accordance with the instructions in the MOST;(9)The signature and date of signing of the patient or the patient's authorized representative;(10)The signature and date of signing of the medical provider; and(11)A statement that the duty of medicine is to care for patients even when they cannot be cured, that health care providers and their patients must evaluate the use of technology at their disposal based on available information, that judgments about the use of technology to maintain life must reflect the inherent dignity of the patient and the purpose of medical care, and that everyone is to be treated with dignity and respect. Source: SL 2019, ch 146, 4.
34-12H-5. MOST form part of medical record.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.
34-12H-6. Out-of-state documents valid in state.A document executed in another state or jurisdiction that meets the requirements for a valid medical order for scope of treatment in that state or jurisdiction is valid in this state. Source: SL 2019, ch 146, 6.
34-12H-7. Physician to treat patient in accordance with MOST.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.
34-12H-8. Conflict between patient's MOST and patient's other directives.If there is a conflict between a patient's MOST and a patient's oral directives or any written directives in an advance health care directive, the health care provider shall treat the patient in accordance with the most recent instruction. Source: SL 2019, ch 146, 8.
34-12H-9. Revocation of MOST.A patient with decision-making capacity may revoke a MOST at any time by:(1)Destroying or defacing the MOST with the intent to revoke;(2)A written revocation of the MOST, signed and dated by the patient; or(3)An oral expression of the intent to revoke the MOST, in the presence of a witness eighteen years of age or older who signs and dates in writing, confirming that the expression of intent was made.An authorized representative may not revoke a MOST unless the MOST was executed by the authorized representative. The authorized representative shall make the revocation in writing.A revocation is effective upon communication to the health care provider. A health care provider who is informed of a revocation shall record the date and time of the notification of revocation in the patient's medical record. Source: SL 2019, ch 146, 9.
 34-12I-1. Definitions.   Terms as used in this chapter mean:   (1) "Assisted living center," any institution, rest home, boarding home, place, building, or agency, which is maintained and operated to provide personal care and services, beyond food, shelter, and laundry;   (2) "Authorized representative," the legal guardian of a resident, acting under a court order that specifically authorizes the guardian to consent to video monitoring of the resident, or the agent of a resident, acting under a durable power of attorney that specifically authorizes the agent to consent to video monitoring of the resident;   (3) "Decision-making capacity," the ability to understand, to a reasonable extent, the nature of and the risks and benefits of video monitoring, and to make and communicate, with reasonable accommodation if necessary, a decision regarding video monitoring;   (4) "Facility," an assisted living center or a nursing facility;   (5) "Nursing facility," any entity that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician, twenty-four hours per day, or an entity that is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who do not require the   degree of care and treatment that a hospital is designed to provide, but who because of their mental or physical condition require medical care and health services that can be made available to them only through institutional facilities;   (6) "Resident," a person who is at least eighteen years of age and resides in a facility; and   (7) "Video monitoring device," a camera or other device, which captures, records or broadcasts video and which is placed in a residents room and used to monitor the resident or activities in the room.     Source:  SL 2020, ch 152,  1. 
34-12I-10. Responsibility of resident--Facility.A resident is responsible for the installation, operation, maintenance, and removal of the video monitoring device. Except as otherwise provided in this chapter, a facility has no duty to perform any act or incur any cost related to the installation, operation, maintenance, or removal of a video monitoring device, or the implementation or enforcement of any restriction imposed by or in accordance with this chapter. Source: SL 2020, ch 152,  10.
 34-12I-11. Notice.   If a resident is conducting video monitoring, the facility shall post conspicuous signage at the entrance to the residents room indicating that the room is being monitored by means of a video monitoring device.     Source:  SL 2020, ch 152,  11. 
34-12I-12. Destruction prohibited--Violation as misdemeanor.Except as otherwise provided in this chapter, a person may not intentionally remove, hamper, obstruct, tamper with, or destroy a video monitoring device or a video recording produced by such device, without the permission of the resident. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 152,  12.
34-12I-13. Access and dissemination--Violation as misdemeanor.Except as otherwise provided in this chapter, a person may not access or disseminate a recording produced by a video monitoring device, without the written consent of the resident. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 152,  13.
34-12I-14. Allegation of misconduct--Request for video.A person who possesses a video recording created in accordance with this chapter shall, upon the facilitys written request, provide a copy of the recording to the facility if:(1)An allegation of neglect, abuse, or other misconduct has been filed against the facility in a civil, criminal, or administrative action; and(2)The recording contains evidence pertinent to the alleged neglect, abuse, or other misconduct.The facility shall reimburse the person for any reasonable costs incurred in providing the video recording. Source: SL 2020, ch 152,  14.
34-12I-15. Evidentiary material.Subject to applicable rules of evidence and procedure, a video recording produced by a video monitoring device may be admitted into evidence in any civil, criminal, or administrative proceeding, provided:(1)The video monitoring was conducted in accordance with this chapter;(2)The recording has not been edited or artificially enhanced; and(3)The recording indicates the date and time that the events occurred. Source: SL 2020, ch 152,  15.
 34-12I-16. Discrimination--Retaliation--Prohibition.   A facility may not discriminate or retaliate against any resident or roommate for consenting to or refusing to consent to video monitoring.   A facility may not discriminate against any potential resident or potential roommate for consenting to or refusing to consent to video monitoring.     Source:  SL 2020, ch 152,  16. 
34-12I-17. Liability--Civil--Criminal.A facility is not civilly or criminally liable for any violation of a person's right to privacy arising out of the use of a video monitoring device, except to the extent the violation was caused by the facility's intentional violation of this chapter. Source: SL 2020, ch 152,  17.
34-12I-18. Complaint--Adjudication.Any complaint alleging that a facility has violated this chapter must be filed with the secretary of the Department of Health and adjudicated under chapter 1-26. A violation of this chapter may not form the basis of any private civil cause of action. Source: SL 2020, ch 152,  18.
 34-12I-2. Consent form--Submission to facility.   Before initiating video monitoring, a resident shall complete and submit to the facility a notice and consent form that meets the requirements of 34-12I-4. If the resident lacks decision-making capacity, as determined by a physician, the form may be completed and submitted by an authorized representative of the resident.     Source:  SL 2020, ch 152,  2. 
 34-12I-3. Roommate--Consent--Refusal--Restrictions--Relocation.   If a resident has a roommate, the resident may not conduct video monitoring unless the roommate has provided written consent. If the roommate lacks decision-making capacity, as determined by a physician, the consent may be provided by an authorized representative of the roommate.   The roommate may refuse or withdraw consent to video monitoring. If consent is refused, the resident may not conduct video monitoring and if consent is withdrawn, the resident shall remove any video monitoring device from the room. If the resident fails to remove the video monitoring device, the facility shall remove the device.   The roommate may impose restrictions on the placement and operation of the resident's video monitoring device and on the dissemination and use of any data produced by the device. The restrictions must be included with the residents notice and consent form, in accordance with 34-12I-4.   The resident shall comply with any restrictions imposed by a roommate. Upon being notified by a roommate and determining that the resident is not in compliance with any such restriction, the facility shall remove the video monitoring device from the room.   If the roommate refuses to consent, the facility shall, upon the written request of the resident, relocate the resident to another room, as soon as circumstances permit. The   facility is not required to provide the resident with a single room, unless the resident agrees to pay the increased charges.     Source:  SL 2020, ch 152,  3. 
 34-12I-4. Consent form--Content.   The notice and consent form must include:   (1) A statement affirming that the resident consents to video monitoring and assumes full responsibility for implementing any restrictions imposed on the placement and use of the video monitoring device and on the dissemination and use of any data produced by the device;   (2) If the resident has a roommate, a statement affirming that the roommate, subject to any noted restrictions, consents to video monitoring by the resident and to the dissemination and use of any data produced by the device;   (3) A description of the video monitoring device, including the brand name and model number, and the installation and operating requirements;   (4) Restrictions that the resident or the roommate impose on the placement and use of the video monitoring device, including:   (a) Prohibitions on video recording;   (b) Prohibitions on broadcasting video recordings;   (c) Requiring that the video monitoring device be turned off or blocked during an examination or procedure by a health care provider;   (d) Requiring that the video monitoring device be turned off or blocked while dressing, bathing, or personal care is being performed; and   (e) Requiring that the video monitoring device be turned off or blocked during a visit with an attorney, financial planner, intimate partner, ombudsman, spiritual adviser, or other visitor;   (5) A statement of the circumstances under which a video recording may be disseminated;   (6) A section for documenting the withdrawal of consent by the resident or a roommate;   (7) The signature of the resident and the date of signing; and   (8) If the resident has a roommate, the signature of the roommate and the date of signing.   The resident or a roommate may amend the information contained in the notice and consent form. Any amendment must be dated, signed, and submitted to the facility.    If the notice and consent form or an amendment to the form is signed by an authorized representative, it must include a physicians statement verifying that the person, on whose behalf the authorized representative is acting, lacks decision-making capacity, and a copy of the guardianship order or power of attorney granting the authorized representative authority to consent to video monitoring.   Upon receiving a completed notice and consent form, or any amendment to the form, the facility shall place the form in the residents file and provide a copy to the resident or an authorized representative of the resident, and to the resident's roommate or an authorized representative of the roommate.   The notice and consent form, or an amendment thereto, is not effective until it has been received by the facility.     Source:  SL 2020, ch 152,  4. 
 34-12I-5. Cost--Liability.   The resident is liable for any costs associated with the installation, operation, maintenance, and removal of the video monitoring device, except that the facility may not impose a fee on the resident to cover the cost of electricity for operating the device.     Source:  SL 2020, ch 152,  5. 
 34-12I-6. Connection to internet--Options--Conditions.   A resident may not use a facilitys local area network to connect the video monitoring device to the internet, unless the facility provides written consent to the resident. A facility that consents to a resident's use of the network may impose conditions on the use to prevent a data breach and to limit the consumption of available bandwidth.   If a facility does not consent to a resident's use of the network, the resident may arrange for access to the internet through an internet service provider. The facility may impose conditions on the installation of any wire, cable, or other technologies, required for internet access to:   (1) Prevent damage to the facility;   (2) Avoid the creation of a safety hazard; or   (3) Avoid the violation of any applicable building or electrical code.     Source:  SL 2020, ch 152,  6. 
 34-12I-7. Video monitoring device--Placement--Conditions.   The resident shall place the video monitoring device in a conspicuously visible location in the resident's room. The facility may impose conditions on the placement of the device to:   (1) Prevent damage to the facility;   (2) Avoid the creation of a safety hazard; or   (3) Avoid the violation of any applicable building or electrical code.     Source:  SL 2020, ch 152,  7. 
34-12I-8. Audio monitoring device--Use--Violation as misdemeanor.Any person who places or operates an audio monitoring device in a resident's room is guilty of a Class 1 misdemeanor.A facility is not civilly or criminally liable for any violation of a person's right to privacy arising out of the use of an audio monitoring device, except to the extent the violation was caused by the facility's intentional violation of this chapter.For purposes of this section, an "audio monitoring device, means a device that is designed to capture, record, or broadcast audio and when placed in a resident's room is used to monitor the resident's conversations or other sounds in the room. Source: SL 2020, ch 152,  8.
34-12I-9. Removal of device--Authority.A facility may deactivate and remove any video monitoring device that is installed, placed, operated, or used in violation of this chapter or in violation of any condition imposed in accordance with this chapter. Source: SL 2020, ch 152,  9.
34-14-1. Information obtained in medical studies confidential--Inadmissibility in evidence.All information, interviews, reports, statements, memoranda, or other data procured by the Department of Health, South Dakota State Medical Association, allied medical societies, or in-hospital staff committees of accredited hospitals in the course of a medical study for the purpose of reducing morbidity or mortality shall be strictly confidential and shall only be used for medical research.Such information, records, reports, statements, notes, memoranda, or other data, shall not be admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person. Source: SL 1959, ch 134, 1, 2; SDC Supp 1960, 27.0117.
34-14-16. Research that destroys human embryo prohibited--Violation as misdemeanor.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.
34-14-17. Research subjecting human embryo to substantial risk prohibited--Sale or transfer of embryos for research prohibited--Violation as misdemeanor.No person may knowingly conduct nontherapeutic research that subjects a human embryo to substantial risk of injury or death. No person may sell or transfer a human embryo with the knowledge that the embryo will be subjected to nontherapeutic research. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 169, 2.
34-14-18. Use of cells or tissues obtained in violation of 34-14-16 or 34-14-17 prohibited.No person may use for research purposes cells or tissues that the person knows were obtained by performing the activities described in 34-14-16 and 34-14-17. A violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 169, 3.
34-14-19."Nontherapeutic research" defined.For purposes of 34-14-16 to 34-14-20, inclusive, the term, nontherapeutic research, means research that is not intended to help preserve the life and health of the particular embryo subjected to risk. It does not include in vitro fertilization and accompanying embryo transfer to a woman's body or any diagnostic test which may assist in the future care of a child subjected to such tests. Source: SL 2000, ch 169, 4.
34-14-20."Human embryo" defined.For purposes of 34-14-16 to 34-14-20, inclusive, the term, human embryo, means a living organism of the species Homo sapiens at the earliest stages of development (including the single-celled stage) that is not located in a woman's body. Source: SL 2000, ch 169, 5.
34-14-21. Definition of terms used in 34-14-21 to 34-14-24.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.
34-14-22. Informed consent required prior to predictive genetic testing--Minimum requirements of written, informed consent.No person may order or perform a predictive genetic test without first obtaining the written, informed consent of the person to be tested. For purposes of this section, written, informed consent consists of a signed writing executed by the person to be tested or the legally authorized representative of the person to be tested that includes, at a minimum, all of the following:(1)The nature and purpose of the predictive genetic test;(2)The effectiveness and limitations of the predictive genetic test;(3)The implications of taking the predictive genetic test, including, the medical risks and benefits;(4)The future uses of the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test;(5)The meaning of the predictive genetic test results and the procedure for providing notice of the results to the person tested; and(6)A listing of who will have access to the sample taken from the person tested in order to conduct the predictive genetic test and the information obtained from the predictive genetic test, and the person's right to confidential treatment of the sample and the information. Source: SL 2001, ch 184, 2.
34-14-23. Person to be tested to receive copy of signed consent form--Original signed form to be filed in medical records.If a person to be tested or the person's legally authorized representative signs a copy of the informed consent form developed pursuant to 34-14-22, the person obtaining the informed consent shall give the person to be tested a copy of the signed informed consent form and shall include the original signed informed consent form in the medical record of the person tested. Source: SL 2001, ch 184, 3.
34-14-24. Tests performed in pursuance of criminal investigation or court order not affected.Nothing in 34-14-21 to 34-14-24, inclusive, or 34-14-25, alters the ability to perform genetic tests done in pursuance of a lawful criminal investigation or court order. Source: SL 2001, ch 184, 4; SL 2002, ch 166, 2.
34-14-25. Genetic testing to be performed by accredited laboratory enrolled in proficiency testing program--State health laboratory not affected.If a genetic test, as defined in 34-14-21, is required or authorized by state law, or performed in the state, the test shall be performed in a laboratory accredited by the College of American Pathologists, the Joint Commission on Accreditation of Healthcare Organizations, or any accreditation body approved by the United States Secretary of Health and Human Services and which has requirements that are substantially equivalent to, or more comprehensive than, those of the College of American Pathologists. In addition, the laboratory shall be enrolled in a proficiency testing program sponsored by an organization approved by the Centers for Medicare and Medicaid Services. Nothing in this section alters the ability of the state health laboratory to perform genetic tests. Source: SL 2002, ch 166, 1.
34-14-26. Definition of terms.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.
34-14-27. Human cloning as felony--Civil penalty.No person or entity, public or private, may:(1)Perform or attempt to perform human cloning;(2)Participate in an attempt to perform human cloning;(3)Transfer or receive the product of human cloning; or(4)Transfer or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell, for the purpose of human cloning.Any person that knowingly or recklessly violates this section is guilty of a Class 6 felony. Any person or entity that violates this section and derives a pecuniary gain from such violation is subject to a civil penalty of two thousand dollars or twice the amount of gross gain, or any intermediate amount at the discretion of the court. Source: SL 2004, ch 227, 2.
34-14-28. Scientific research not restricted if not prohibited.Nothing in 34-14-26 to 34-14-28, inclusive, restricts areas of scientific research not specifically prohibited by 34-14-26 to 34-14-28, inclusive, including research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans. Source: SL 2004, ch 227, 3.
34-14-3. Disclosure of information from medical study as misdemeanor.It is a Class 1 misdemeanor to disclose any information, records, reports, statements, notes, memoranda, or other data obtained for or contained in any medical study for the purpose of reducing morbidity or mortality, except that necessary for the purpose of the specific study. Source: SL 1959, ch 134, 5, 6; SDC Supp 1960, 27.9960, 27.9961; SDCL, 34-14-2; SL 1977, ch 190, 22.
34-14-4. Immunity from liability for furnishing information to research agencies.The furnishing of information described in 34-14-1 in the course of a research project to the Department of Health, South Dakota State Medical Association, or allied medical societies or their authorized representatives, shall not subject any person, hospital, sanitarium, nursing, or rest home or any such agency to any action for damages or other relief. Source: SL 1959, ch 134, 3; SDC Supp 1960, 27.0117.
34-14-5. Physician's consent required for research interviews.No patient, or patient's relatives, or patient's friends named in any medical study, shall be interviewed for the purpose of such study unless consent of the attending physician and surgeon is first obtained. Source: SL 1959, ch 134, 4; SDC Supp 1960, 27.0117.
34-14-6. Legislative findings as to use of animals in research.The public health and welfare depend on the humane use of animals for the diagnosis and treatment of human and animal diseases, the advancement of veterinary, dental, medical, and biological sciences, and the testing and diagnosis, improvement, and standardization of laboratory specimens, biologic products, pharmaceuticals, and drugs. Source: SL 1951, ch 136, 1; SDC Supp 1960, 27.2601.
34-16-1. Act endangering public health as misdemeanor.Every person who intentionally commits any act which grossly endangers the public health is guilty of a Class 1 misdemeanor. Source: PenC 1877, 742; CL 1887, 6934; RPenC 1903, 768; RC 1919, 4381; SDC 1939, 13.1501; SL 1977, ch 190, 27.
34-16-14. County responsibility for dead animals in unorganized territory.In any county not wholly organized into civil townships the superintendent of the county board of health shall perform all of the duties of the township supervisor within such unorganized territory in respect to dead, putrid, or decaying bodies of any animals, and all expenses incurred in connection with the burning or burial of such animals or the giving of notice shall be paid by the county, and the owner of such animal and the person in charge thereof shall become liable therefor to the county. Source: SL 1903, ch 11, 4; RC 1919, 7687; SL 1925, ch 121, 4; SDC 1939, 27.2504.
34-16-15. County disposal of dead animal on failure of township to act--Liability for expense. If the owner of a dead animal or the township supervisor fails to act as provided in  34-16-17 within two days after the knowledge of the fact that the dead animal exists, the superintendent of the county board of health shall forthwith cause the body of the dead animal to be burned or buried, and the expense of the same shall be paid by the county. The amount of the expenses paid by the county constitutes a lien against the township in which the animal was found. The township shall pay the expenses and the township shall in turn recover the expenses from the owner or person in charge of the dead animal. Source: SL 1903, ch 11, 6; RC 1919, 7689; SL 1925, ch 121, 6; SDC 1939, 27.2505; SL 2021, ch 175,  3.
34-16-16. Action by county to recover expense of disposal of dead animal.Whenever any such dead body shall be buried or burned by order of the superintendent of the county board of health, such superintendent shall at once inform the state's attorney of the fact of such burning or burial, and the costs and expenses of the same and the giving of notice, together with the names of the owner and person in charge if known, and the state's attorney shall by civil action in the proper court collect the amount of such costs and expenses from the township in which said animal was found. Where such dead animal is found in territory not within the limits of any organized township, it shall be the duty of the state's attorney to forthwith proceed against the owner, and the person having charge of such animal as herein provided. Source: SL 1925, ch 121, 7; SL 1931, ch 210, 3; SDC 1939, 27.2507.
34-16-17. Failure to dispose of dead animal as petty offense.Whenever the owner and the person in charge of any unburied dead animal shall fail to burn or bury or cause the same to be burned or buried, or otherwise dispose of such body or cause the same to be buried in accordance with laws, rules, and regulations as required by 34-16-14 to 34-16-16, inclusive, he shall have committed a petty offense for each dead body so left unburned or unburied or otherwise disposed of. Source: SL 1903, ch 11, 7; RC 1919, 7690; SL 1925, ch 121, 7; SL 1931, ch 210, 3; SDC 1939, 27.9941; SL 1977, ch 190, 29.
34-16-18. Remedies against nuisances and interference with private rights unimpaired.Nothing contained in this chapter shall be so construed as to affect the powers of the courts to administer the usual legal and equitable remedies in case of nuisances or of improper interference with private rights. Source: SL 1913, ch 109, 7; RC 1919, 7670; SDC 1939, 27.0108.
34-16-19. Notice to owner of nuisance.If any nuisance, source of filth, cause of sickness or condition which endangers the public health is found on any property, the county health officer shall, by written notice served personally or by mail upon the property owner, describe the nuisance or condition found to exist and any corrective action to be taken by the owner of the property. The written notice shall inform the owner of the property that he shall either take the stated corrective action or file a written request for hearing before the board of county commissioners for the county in which the property is located within thirty days from the date of service of the notice. The notice shall further state that if the owner fails to comply with the requirements of the notice, the county health officer shall proceed to have the nuisance or condition complained of abated or removed at the expense of the property owner. Source: SL 1986, ch 279, 1.
34-16-2. Release of disease germs as felony.Any person who releases or spreads any disease germs intending thereby to accomplish the infection of one or more persons or domestic animals is guilty of a Class 2 felony. Source: SL 1923, ch 160; SDC 1939, 13.1504; SL 1977, ch 190, 28; SL 2006, ch 130, 14.
34-16-20. Failure to comply with notice--Removal of nuisance--Cost.If an owner of property fails to comply with the requirements of a notice served pursuant to 34-16-19, the county health officer shall proceed to have the nuisance, source of filth, cause of sickness or condition which endangers the public health removed from the property or abated and report the cost of the removal or abatement to the county auditor. The cost of such removal or abatement shall be assessed and charged against the property on which the nuisance or condition was located in the manner that other taxes are collected. Source: SL 1986, ch 279, 2.
34-16-21. Hearing--Time--Issuance of order--Appeal.Any hearing before the board of county commissioners requested pursuant to 34-16-19 shall be held during an open session of the board of county commissioners and shall be held no later than forty-five days after filing of the request for hearing. Following hearing, the board of county commissioners shall issue an appropriate order, including a statement of any corrective action which the board deems necessary. A decision of the board may be appealed to the circuit court in accordance with the provisions of chapter 7-8. Source: SL 1986, ch 279, 3.
34-16-22. County board of health--Composition.Each county may establish a county board of health which shall be composed of the state's attorney of the county, who shall be president of the board; a physician, a physician assistant, or certified nurse practitioner who practices in the county, appointed by the Department of Health, who shall serve as superintendent of the board of health; and one other resident of the county. Source: SL 2002, ch 168, 6; SL 2017, ch 171, 50.
34-16-23. Meetings of county board.The county board of health shall meet at the county seat at such times as the superintendent may designate. The president of the county board of health shall preside at the meetings. Source: SL 2002, ch 168, 7.
34-16-24. Supervision of public health matters by superintendent--Action without board in event of immediate danger.The superintendent of the county board of health shall have charge of and superintend, subject to the approval of the board, all the matters and things specified in this chapter. In case of immediate danger to the health of persons, the superintendent may act without consultation with the county board, for the prevention of such danger, and shall immediately report the action to the president of the county board and to the secretary of health. Source: SL 2002, ch 168, 8.
34-16-25. Removal of putrid substances by county board.The county board of health, within the territorial limits of its county not included in any first or second class municipality having its own board of health, may remove or cause to be removed any dead, decaying, or putrid body, or any decayed, putrid, or other substance that may endanger the health of persons or domestic animals. Source: SL 2002, ch 168, 9.
34-16-5. Access of health officers to places where source of disease suspected.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.
34-18-1. Definition of terms.Terms used in this chapter mean:(1)"Campground," a plot of ground for public use upon which two or more campsites are located, established, maintained, advertised, or held out to the public to be a place where camping units can be located and occupied as temporary living quarters for children or adults, or both. Camping units are considered to be trailers, tent campers, campers, tents, recreational park trailers, or other equipment that may be used by the public at individual campsites located at campgrounds or areas used by the public as campgrounds;(2)"County fair," any fair or celebration operated by any county of this state and under the supervision of a county fair board, county fair association, or the county board of commissioners;(3)"Department," the Department of Health;(4)"Food," any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption;(5)"Food service establishment," any fixed restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; catering kitchen; delicatessen; bakery; grocery store; boardinghouse; or similar place in which food or drink is prepared for sale or for service to the public on the premises or elsewhere with or without charge;(6)"Hotel," any hotel, motel, lodge, resort, cabins, building, or buildings with more than ten rental units which is used to provide sleeping accommodations for a charge to the public;(7)"Lodging establishment," any building or other structure and property or premises kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to two or more transient guests. The term includes hotels, motels, cabins, bed and breakfast establishments, lodges, vacation home establishments, dude ranches, and resorts;(8)"Mobile food service establishment," any mobile unit in which food or drink is prepared for sale or for service to the public with or without charge;(9)"Nonprofit organization," any governmental organization, church, fraternal, social, school, youth, or other similar organization that is organized and operated for a common good and not for the specific monetary gain of any person or persons;(10)"Owner," the operator, agent, proprietor, manager, or licensee whether it be a person, firm, corporation, limited liability company, or association;(11)"Rental unit," any room, cabin, or other quarters that may be rented to a guest for sleeping accommodations;(12)"Secretary," the secretary of the Department of Health;(13)"Specialty resort," any bed and breakfast establishment, lodge, dude ranch, resort, building, or buildings used to provide accommodations or recreation for a charge to the public, with no more than ten rental units for up to an average of twenty guests per night and in which meals are provided to only the guests staying at the specialty resort;(14)"State Fair," the fair at Huron, South Dakota, operated by the Department of Agriculture and Natural Resources;(15)"Temporary food service establishment," any food service establishment which operates at a fixed location for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering;(16)"Transient guest," any person who resides in a lodging establishment less than four consecutive calendar weeks;(17)"Vacation home establishment," any home, cabin, or similar building that is rented, leased, or furnished in its entirety to the public on a daily or weekly basis for more than fourteen days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in subdivision 34-18-9.1(1); (18)"Water recreational facility," any artificial basin of water located at a facility licensed pursuant to chapter 34-18 constructed, installed, modified, or improved for the purpose of swimming, wading, diving, or recreation, including swimming pools, spas, hot tubs, and water slides. Source: SDC 1939, 27.1702 to 27.1705; SL 1963, ch 158, 2; SL 1970, ch 199, 1; SL 1994, ch 351, 60; SL 1996, ch 213, 6, 7; SL 2008, ch 53, 5; SL 2008, ch 172, 1; SL 2009, ch 165, 1; SL 2014, ch 164, 1; SL 2021, ch 1 (Ex. Ord. 21-3),  14, eff. Apr. 19, 2021.
34-18-10.1. Review of application--Issuance or refusal to issue license--Reasons for denial--Contest of denial.The department shall, in the case of every application for licensure, review and ascertain whether the facts set forth in the application are true. The department shall issue a license to the applicant when it is satisfied that the facts set forth in the application are true. The department may refuse to issue a license upon any of the grounds stated in 34-18-27.1. 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 1986, ch 281, 5.
34-18-10.2. Notice--Closure order on failure to secure license--Injunctive relief.If it is determined that a lodging establishment, campground, food service, or mobile food service establishment has not secured a license pursuant to 34-18-10, the secretary shall notify the owner of such establishment. If the owner refuses or fails to comply with the provisions of 34-18-10 within fourteen calendar days after notification, the secretary shall, subject to the requirements of chapter 1-26, issue a closure order to the owner of the establishment until such time as the owner complies with the licensure requirements. If the establishment or campground continues to operate after a closure order is issued, the secretary may refer the matter to the appropriate state's attorney for criminal proceedings or the attorney general's office for injunctive relief. Source: SL 1988, ch 279, 4.
34-18-10.3. Verification requirement for annual renewal of license.Unless there has been a change in the information or consent provided in the initial or any subsequent license application provided for in 34-18-10, an application for annual renewal of the license does not have to be verified under oath. Source: SL 1995, ch 194, 2.
34-18-10.4. Initial license fee for food service establishment, lodging establishment, and campground.A one-time initial license fee of one hundred dollars shall be charged to any new food service establishment, lodging establishment, or campground upon initial licensure. Source: SL 2009, ch 165, 4.
34-18-10. Annual license required--Contents of application.Every owner of a lodging establishment, campground, food service, or mobile food service establishment shall annually secure a license on or before the first day of the license renewal period or before beginning the operation of the establishment or campground after making proper application on a form provided by the department, accompanied by the proper license fee. The initial application form shall be verified under oath and shall contain the following:(1)The name and address of the establishment or campground and previous name, if changed due to a change in ownership;(2)The name, address, and telephone number of the owner and operator of the establishment or campground;(3)A specification of the type of license applied for;(4)If for a lodging establishment license, a description of the size of the establishment and whether it has a water recreational facility;(5)If for a campground license, a description of the size and type of the campground and whether it has a water recreational facility;(6)If for a food service or mobile food service establishment license, a description of the size of the establishment;(7)A license fee schedule; and(8)A certification of consent to allow inspections of the establishment or campground by authorized department inspectors during business hours upon the presentation of identification. Source: SDC 1939, 27.1706; SL 1941, ch 127, 1; SL 1955, ch 94, 2; SL 1963, ch 158, 7; SL 1967, ch 106, 1; SL 1970, ch 199, 4; SL 1986, ch 281, 1; SL 1995, ch 194, 1; SL 2009, ch 165, 3.
34-18-11.1. Annual campground license fee.The annual license fee for a campground is:(1)Two to twenty-five campsites, inclusive, seventy-five dollars;(2)Twenty-six to one hundred campsites, inclusive, one hundred thirteen dollars;(3)One hundred one to two hundred campsites, inclusive, one hundred fifty dollars;(4)Two hundred one to three hundred campsites, inclusive, one hundred eighty-eight dollars; and(5)Three hundred one or more campsites, two hundred twenty-five dollars. Source: SL 1970, ch 199, 5; SL 1980, ch 238, 8; SL 2009, ch 165, 6; SL 2014, ch 164, 2.
34-18-11.2. Annual fees for water recreational facilities.Each facility licensed pursuant to this chapter with one water recreational facility shall be charged an annual fee of forty dollars. Each facility licensed pursuant to this chapter with more than one water recreational facility shall be charged an annual fee of sixty-five dollars. Source: SL 2009, ch 165, 11.
34-18-11. Annual fees for food service and lodging establishment licenses.The annual license fee for a food service establishment or a lodging establishment shall be as follows:(1)Food service establishment with no seating, ninety dollars;(2)Food service establishment with one to fifty seats, inclusive, one hundred twenty dollars;(3)Food service establishment with fifty-one to one hundred seats, inclusive, one hundred eighty dollars;(4)Food service establishment with one hundred one or more seats, two hundred twenty-five dollars;(5)Vacation home establishment, forty-five dollars;(6)Specialty resort, forty-five dollars; and(7)Hotel, two dollars and twenty-five cents per unit, with a minimum of forty-five dollars. Source: SL 1913, ch 238, 6; SL 1915, ch 215, 6; RC 1919, 7826; SL 1921, ch 256, 4; SL 1935, ch 173, 3; SDC 1939, 27.1707; SL 1941, ch 127, 2; SL 1955, ch 94, 3; SL 1963, ch 158, 7; SL 1967, ch 106, 1; SL 1980, ch 238, 7; SL 2009, ch 165, 5.
34-18-13. Prorated license fee for less than full year.A prorated license fee shall be charged for each new lodging establishment, campground, and food service establishment beginning operations after the first day of the license renewal period and for changes in ownership and location of any existing establishment and campground after the first day of the license renewal period. To implement this section, the department may promulgate rules pursuant to chapter 1-26. Source: SL 1963, ch 158, 8; SL 1970, ch 199, 7; SL 1988, ch 279, 2; SL 2009, ch 165, 7.
34-18-14.1. Issuance of provisional license.The department may issue a provisional license if an applicant or licensee under this chapter fails to comply with the established standards but signifies an intention to remedy such fault. The 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 to cover the maintenance of the establishment or campground until an inspection can be completed and a regular license issued, if the application for license is found to be in order. Source: SL 2000, ch 167, 3.
34-18-14. Issuance of license when establishment in compliance.After having received a properly completed application form and the correct license fee and after satisfying himself that the establishment or campground is in compliance with the provisions of this chapter and the rules and regulations of the department, the secretary of health shall issue a license to such establishment or campground. Source: SL 1907, ch 165, 11; SL 1909, ch 185, 11; SL 1913, ch 238, 2, 6; SL 1921, ch 256, 4; SL 1935, ch 173, 3; SDC 1939, 27.1707; SL 1941, ch 127, 2; SL 1955, ch 94, 3; SL 1963, ch 158, 7, 8; SL 1967, ch 106, 1; SL 1970, ch 199, 8; SL 1988, ch 279, 3.
34-18-15. Expiration of license--New license required on change in ownership or location.A license issued pursuant to 34-18-14 shall expire on the thirtieth day of June each year, unless otherwise provided by this chapter, and is not transferable from owner to owner or from location to location of the establishment or campground. Changes in ownership or location shall require the purchase of a new license which may be secured by making proper application on a form provided by the department and the payment of the proper license fee. Source: SDC 1939 27.1706; SL 1941, ch 127, 1; SL 1955, ch 94, 2; SL 1963, ch 158, 7; SL 1967, ch 106, 1; SL 1970, ch 199, 9; SL 2000, ch 167, 2.
34-18-16. Mobile food service license fee.The annual license fee for a mobile food service establishment shall be thirty-eight dollars. Source: SL 1963, ch 158, 11; SL 1972, ch 15, 3; SL 2009, ch 165, 8.
34-18-17. Temporary food service license--Fee--Food service in connection with special promotions--Duration of license.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.
34-18-18. Fairs and nonprofit organizations exempt from temporary food service license fee--Health requirements applicable.Temporary food service establishments located on the state fairgrounds or on county fairgrounds of this state, operated in conjunction with these annual celebrations, and nonprofit organizations operating a temporary food service establishment shall be exempt from the license fee of this chapter. Such exemption from the license fee does not release the owner of such temporary food service establishment from compliance with the public health requirements of this chapter and the rules and regulations of the department. Source: SDC 1939, 27.1707 as enacted by SL 1941, ch 127, 2; SL 1955, ch 94, 3; SL 1963, ch 158, 10.
34-18-19. Closure order for temporary food service establishment--Operation after closure notice as violation--Refund of license fee.Should a temporary food service establishment licensed under 34-18-17 not be in compliance with the provisions of this chapter and the rules and regulations of the department and compliance is not considered feasible during the period of the celebration or public gathering where its operation is planned, it shall be the duty of the secretary of health, subject to the requirements of 1-26-29, to issue a closure order to the owner of such temporary food service establishment. Continued operation after notice of closure as rendered by the secretary shall be in direct violation of the licensing requirements of this chapter. Any license fees paid shall be refunded unless the temporary food service establishment has operated for more than one day. If the temporary food service establishment has operated for more than one day, the fee paid shall be forfeited by the owner of such temporary food service establishment. Source: SL 1963, ch 158, 9; SL 1972, ch 15, 4.
34-18-2. Secretary responsible for safety and sanitation requirements--Bond not required--Additional compensation not provided.The secretary of health shall be responsible for carrying out the provisions of this chapter and all other statutes relating to the safety and sanitation of lodging establishments, campgrounds, food service establishments, temporary food service establishments, and mobile food service establishments as defined in this chapter. The secretary shall not be required to give bond, nor shall he receive any additional compensation for such services. Source: SL 1907, ch 165, 8 to 10; SL 1909, ch 185, 7, 9, 10; SL 1913, ch 238, 1, 7; SL 1915, ch 215, 1, 7; RC 1919, 7821, 7827; SL 1921, ch 256, 5; SL 1935, ch 173, 4; SDC 1939, 27.1701, 27.1708; SL 1963, ch 158, 1; SL 1970, ch 199, 2.
34-18-20. Nonprofit organizations and alcoholic beverage licensees exempt--Health requirements applicable.Nonprofit organizations shall be exempt from the licensing and license fee provisions of this chapter. Establishments serving alcoholic beverages as defined in chapter 35-1 and who do not otherwise come within the definition of a food service establishment, temporary food service establishment, or mobile food service establishment shall be 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 such establishments from compliance with the public health requirements of this chapter and the rules and regulations of the department. Source: SL 1963, ch 158, 12.
34-18-21.1. Confidentiality of information obtained through inspection of records.Information obtained by the department under the authority of 34-18-21 is confidential, except for official purposes of the department, and may not be disclosed except in accordance with a judicial order or as otherwise provided by law. Source: SL 1994, ch 277, 2.
34-18-21.2. Review of requests for inspection of records.In the event that a court is asked to review a request by the secretary for inspection pursuant to 34-18-21, the court shall consider whether a health emergency exists and whether the request is consistent with the needs of the secretary to enforce the secretary's duties in this chapter. The court shall balance the business interests of the proprietor, the privacy interests of the guests and the enforcement interests of the secretary as it determines the extent to which the records shall be delivered to the secretary and determines the costs of such disclosures which shall be allocated to the secretary. Source: SL 1994, ch 277, 3.
34-18-21. Registration of guests at lodging establishment or campground--Contents and inspection of records.Each person conducting a lodging establishment or campground shall keep a record of guests. Such a record may be kept in a register or on separate cards and shall be opened for inspection and copying by the secretary of health for the purpose of protecting the health or life of persons or for an emergency which may affect the public health. The inspection and copying shall take place during business hours and shall be conducted by an authorized department inspector after presentation of identification. The registry shall contain the name of the guest, the number in the party, the place of permanent residence of the guest, the date of registration, the date of departure, the daily rate charged, and the motor vehicle license number of the registrant. The record shall also include each rate, price, or fee charged to the guest for the guest's stay at the lodging establishment or campground, as required by subdivision 37-24-6(8). These records shall be kept for a minimum of one year. Source: SDC 1939, 27.1709; SL 1963, ch 158, 15; SL 1970, ch 199, 10; SL 1994, ch 277, 1; SL 1998, ch 243, 2.
34-18-22.1. Fire safety standards for specialty resort with less than ten occupants.Any specialty resort establishment with less than ten occupants shall meet the following minimum fire safety standards:(1)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;(2)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;(3)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(4)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, 1; SL 2008, ch 171, 1; SL 2011, ch 157, 1.
34-18-22.2. Fire safety standards for specialty resort with ten or more occupants.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.
34-18-22.3. Fire safety standards for vacation home establishments.Any vacation home establishment shall meet the following minimum fire safety standards:(1)Each floor where ten or more 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 and free from obstruction. 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)A portable fire extinguisher with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually. Source: SL 2008, ch 172, 2; SL 2011, ch 157, 3.
34-18-22. Health and safety requirements--Procedure for rules and regulations.The department shall adopt rules and regulations setting forth the minimum public health and safety requirements for lodging establishments, campgrounds, food service establishments, temporary food service establishments, or mobile food service establishments. The procedure for adopting such rules and regulations shall be in accordance with chapter 1-26. Source: SDC 1939, 27.1728 as enacted by SL 1955, ch 94, 5; SL 1963, ch 158, 17; SL 1970, ch 199, 11; SL 1972, ch 15, 4.
34-18-23. Notice to department of construction and alteration of establishments.The department shall be notified thirty days prior to initiating construction of new lodging establishments, campgrounds, food service establishments, mobile food service establishments, or permanent additions, alterations, or modification of existing structures. Owners of temporary food service establishments shall give notice to the department as may be prescribed by the department for any new construction, alteration, or modification of existing structures. Such notifications shall be made by the owner for the purpose of permitting a review of features having public health and safety significance. Source: SL 1963, ch 158, 16; SL 1970, ch 199, 12.
34-18-24. Departmental inspections of lodging establishments and campgrounds.The secretary of health shall at least annually inspect or cause to be inspected every lodging establishment and campground licensed in this state for compliance with the provisions of this chapter and the rules promulgated thereunder. Source: SL 1907, ch 165, 10; SL 1909, ch 185, 10; SL 1913, ch 238, 7; SL 1915, ch 215, 7; RC 1919, 7827; SL 1921, ch 256, 5; SL 1935, ch 173, 4; SDC 1939, 27.1708; SL 1955, ch 94, 4; SL 1963, ch 158, 3; SL 1970, ch 199, 13; SL 1982, ch 261, 1; SL 1986, ch 281, 2.
34-18-25.1. Inspection of lodging establishments, campgrounds, food service establishments, and mobile food services--Fee.The department shall, at least annually, make one inspection of each lodging establishment and campground and, at least twice annually, of each food service establishment or mobile food service licensed under this chapter to ascertain that the lodging establishment, campground, food service establishment, or mobile food service is in compliance with this chapter and the rules promulgated pursuant to this chapter. The department shall charge an inspection fee of twenty-five dollars for each inspection. The inspection shall take place during business hours 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 and the rules promulgated pursuant to this chapter. Source: SL 1986, ch 281, 6; SL 2009, ch 165, 10.
34-18-25.2. Refusal to allow inspection--Suspension or revocation proceedings.If, prior to an inspection being started, the owner or operator of a lodging establishment, campground, food service establishment, or mobile food service establishment refuses to allow the inspection, no inspection shall be made. If, during the course of an inspection, the owner or operator refuses to allow the inspection to continue, the inspection shall cease. In either case, however, the department may immediately initiate proceedings in accordance with chapter 1-26 to suspend or revoke the owner's establishment or campground license. Source: SL 1986, ch 281, 7.
34-18-25.3. Inspection of exempt establishments and campgrounds--Scope.Upon receipt of a complaint, the department may enter and inspect any lodging establishment, campground, food service establishment, mobile food service establishment, or temporary food service establishment which is exempt from the licensing or license fee provisions of this chapter pursuant to 34-18-17, 34-18-18, and 34-18-20 to determine if there are violations of this chapter or any of the rules promulgated thereunder. Before entering an establishment, the department shall obtain the consent of the owner or obtain a court order authorizing entry for the purpose of inspection except in those instances when 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 public health. 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 and the rules promulgated thereunder. After an inspection is completed, the department may proceed in accordance with 34-18-19 or 34-18-26 to cause compliance with this chapter and the rules promulgated thereunder. Source: SL 1991, ch 275.
34-18-26.1. Follow-up inspection--Fee.The department shall conduct a follow-up inspection of a lodging establishment, campground, food service establishment, or mobile food service to ascertain compliance with a sixty-day notice issued pursuant to 34-18-26. When the department conducts an inspection pursuant to this section, the owner shall promptly remit, but not later than thirty days after the follow-up inspection, a fifty dollar inspection fee to the department.The inspection fee provisions of 34-18-26.1 and 34-18-27.1 do not apply to nonprofit organizations. Source: SL 1991, ch 276, 1, 3.
34-18-26.2. Expedited follow-up inspection process.The department shall implement an expedited inspection process whereby the owner of a food service establishment, lodging establishment, or campground may request a follow-up inspection to the establishment's most recent routine inspection. If an establishment has received an inspection score of eighty or higher, but less than ninety, on the most recent routine inspection, the establishment may request a follow-up inspection through the expedited inspection process. A request for a follow-up inspection as part of the expedited inspection process shall be received by the department within ten business days of the most recent routine inspection. The department shall conduct the follow-up inspection within sixty days of receipt of the request, unless the establishment requesting the follow-up inspection ceases or temporarily suspends operations prior to the follow-up inspection. No establishment may receive more than one follow-up inspection every two years, as part of the expedited inspection process. The department shall charge a fee of one hundred dollars for each follow-up inspection performed as part of the expedited inspection process. Source: SL 2013, ch 155, 1.
34-18-26. Notice and correction of deficiencies--Closure order on failure to correct deficiency--Injunctive relief.If, upon an inspection, it is determined that a lodging establishment, campground, food service establishment, or mobile food service establishment is not being conducted or is not equipped and maintained in a manner and condition required by the provisions of this chapter and the rules promulgated thereunder the secretary or an authorized department inspector shall notify the owner or operator of the lodging establishment, campground, food service establishment, or mobile food service establishment of such changes or alterations as are considered necessary for complete compliance. The owner shall make such changes and alterations necessary to put the lodging establishment, campground, food service establishment, or mobile food service establishment in a condition that complies with the provisions of this chapter and rules promulgated thereunder. If, after proper notice, the owner refuses or fails to comply within sixty days following notification, the secretary shall, subject to the requirements of chapter 1-26, issue a closure order to the owner of the establishment or campground until such requirements are complied with. If the establishment or campground continues operation after a closure order is issued, the secretary may refer the matter to the state's attorney for appropriate action or the attorney general's office for injunctive relief. Source: SL 1907, ch 165, 10; SL 1909, ch 185, 10; SL 1913, ch 238, 7; SL 1915, ch 215, 7; RC 1919, 7827; SL 1921, ch 256, 5; SL 1935, ch 173, 4; SDC 1939, 27.1708; SL 1955, ch 94, 4; SL 1963, ch 158, 5; SL 1970, ch 199, 14; SL 1972, ch 15, 4; SL 1986, ch 281, 4; SL 1988, ch 279, 5.
34-18-27.1. Grounds for denial, suspension, or revocation of license.The department may deny any application or suspend or revoke any license issued under the provisions of this chapter on any of the following grounds:(1)Commission of fraud or willful misrepresentation in the application for or in obtaining a license;(2)Commission, or permitting, aiding, or abetting in the commission, of any unlawful act in a lodging establishment, campground, food service establishment, or mobile food service establishment;(3)Conduct or practices detrimental to the public health, safety, or welfare;(4)Failure to allow department inspections authorized under 34-18-24 and 34-18-27.3 or necessary follow-up inspections;(5)Violation by the applicant or licensee of any of the provisions of this chapter or of the rules promulgated thereunder;(6)Failure to remit follow-up inspection fees pursuant to 34-18-26.1. Source: SL 1986, ch 281, 8; SL 1991, ch 276, 2.
34-18-27.2. Consideration of new application after correction of conditions.If a lodging establishment, campground, food service establishment, or mobile food service establishment license is suspended or revoked as provided in 34-18-27.1, a new application for license may be considered by the department when satisfactory evidence has been submitted to show that the conditions upon which suspension or revocation was based have been corrected. A new license may then be granted after proper inspection has been made and all provisions of this chapter and the rules promulgated thereunder have been complied with. Source: SL 1986, ch 281, 9.
34-18-27.3. Departmental inspection upon receipt of complaint--Initiation of suspension, revocation or denial proceedings.The department, upon receipt of a complaint, may inspect any lodging establishment, campground, food service establishment, or mobile food service establishment to determine if there are violations of this chapter or any of the rules promulgated thereunder. The scope of the inspection is limited to those areas set forth in this chapter and the rules promulgated thereunder. After an inspection is completed, the department may, if warranted, proceed in accordance with chapter 1-26 to suspend, revoke, or deny the license of the establishment or campground. Source: SL 1986, ch 281, 10.
34-18-27. Summary suspension of license on discovery of hazardous condition.The secretary of health, upon determining the existence of a hazardous condition that may immediately endanger human life or be seriously detrimental to public health may, subject to the requirements of 1-26-29, summarily suspend the license of any lodging establishment, campground, food service establishment, temporary food service establishment, or mobile food service establishment in this state. A license suspended on this basis shall remain suspended until such time as the establishment or campground is in compliance with the requirements of this chapter and the rules and regulations of the department. Source: SL 1915, ch 215, 24; RC 1919, 7843; SL 1921, ch 256, 7; SL 1935, ch 173, 13; SDC 1939, 27.1727; SL 1963, ch 158, 13; SL 1970, ch 199, 15; SL 1972, ch 15, 4.
34-18-28. Request for hearing on license suspension or revocation or closure order.If the owner of any establishment or campground licensed under this chapter is aggrieved by action taken for suspension or revocation of his license or a closure order he may request a hearing which shall be had and appeal may be taken under the provisions of chapter 1-26 as a contested case. Such request for a hearing shall be a written notice to the secretary of health setting forth the reason or reasons for the grievance. Source: SL 1963, ch 158, 14; SL 1970, ch 199, 16; SL 1972, ch 15, 4.
34-18-31. Precedence over other statutes.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.
34-18-32. Violation of chapter or rules or regulations as misdemeanor--Each day as separate offense.Any lodging establishment, campground, food service establishment, temporary food service establishment, or mobile food service establishment owner violating the provisions of this chapter or the rules and regulations adopted pursuant to this chapter shall be guilty of a Class 2 misdemeanor. Each and every day of operation after serving the notice of closure shall constitute a distinct and separate offense. Source: SL 1907, ch 165, 7; SL 1909, ch 185, 16; SL 1913, ch 238, 24; SL 1915, ch 215, 24; RC 1919, 7843; SL 1921, ch 256, 7; SL 1935, ch 173, 13; SDC 1939, 27.9933; SL 1963, ch 158, 22; SL 1970, ch 199, 19; SL 1977, ch 190, 41.
34-18-33. Severability of provisions.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.
34-18-34. Farmer's market fresh fruits and vegetables--Licensure exemption.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.
34-18-35. Sale of homemade foods and food products.Except as otherwise provided in 34-18-38, the licensure provisions of this chapter do not apply to a person selling:(1)Non-temperature-controlled food prepared at a residence;(2)Home-processed canned goods;(3)Baked goods prepared at a residence; or(4)Any food product prepared at a residence and authorized under 34-18-36 or 34-18-36.1. Source: SL 2010, ch 172, 2; SL 2022, ch 106, 1.
34-18-36.1. Food safety trainingAuthorized sales.Any producer who verifies compliance with the food safety training requirements set forth in accordance with 34-18-36, may sell the following:(1)Any non-heat-processed fermented food, provided the food is consistently maintained at a temperature that is at or below forty-one degrees Fahrenheit;(2)Kuchen and baked goods that require time and temperature control for safety, including soft pies, cheesecake, and baked goods having a custard or cream filling, and sauces and pesto that require time and temperature control for safety, provided the food is consistently maintained at a temperature that is at or below forty-one degrees Fahrenheit; and(3)Home-processed frozen fruit and produce, provided the food is consistently maintained at a temperature that is at or below zero degrees Fahrenheit. Source: SL 2022, ch 106, 3.
34-18-36. Canned goodsRequirements.No canned good may be sold unless the pH level is 4.6 or less or the water activity level is .85 or less.Except as otherwise provided in this section, a producer selling canned goods under this section shall, every five years, complete food safety training approved by the department. The training must be available online. The producer shall retain records verifying the timely completion of such training.A producer selling home-processed goods under this section may, in lieu of the requirement for food safety training, maintain verification of each recipe from a third-party processing authority. The third-party processing authority must have knowledge of the thermal processing required of food in hermetically-sealed containers and shall verify the method of processing and that the pH or water activity threshold levels are met. The processing authority shall provide verification in writing to the producer. Source: SL 2010, ch 172, 3; SL 2022, ch 106, 2.
34-18-37. Label requirements.Food prepared at a residence may not be sold unless it has a label that includes the following information:(1)Name of the product;(2)Name of the producer;(3)Physical address of production;(4)Mailing address of the producer;(5)Telephone number of the producer;(6)Date the product was made or processed;(7)Ingredients;(8)In the case of food sold in accordance with 34-18-36.1, a directive to keep refrigerated or frozen; and(9)A disclaimer that states: "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish." Source: SL 2010, ch 172, 4; SL 2020, ch 143, 1; SL 2022, ch 106, 4.
34-18-38. Exemption from licensureRequirements.A person selling food prepared at the person's primary residence, in accordance with 34-18-35, is exempt from the licensing and license fee provisions of this chapter if:(1)The food meets the requirements of 34-18-37;(2)The food is sold in the seller's physical presence at:(a)The seller's primary residence;(b)A farmer's market;(c)A roadside stand; or(d)Other temporary sale venue; and(3)The seller, or a person residing at the seller's primary residence, personally delivers the food to the buyer at the completion of the sale. Source: SL 2011, ch 158, 1; SL 2020, ch 143, 2; SL 2022, ch 106, 5.
34-18-39. Definition of terms--Camping liability--Immunity.Terms used in 34-18-39 to 34-18-42, inclusive, mean:(1)"Camping," visiting, staying at, using, and leaving a private campground, including lodging of all types;(2)"Inherent risks of camping," dangers and hazards from:(a)Features of the natural world, such as trees, tree stumps, naturally occurring infectious agents, roots, brush, rocks, mud, sand, standing and moving water, and soil;(b)Uneven and unpredictable terrain;(c)Natural bodies of water and accessories permitting the use of natural bodies of water, including piers, docks, swimming and aquatic sports, or recreation facilities or areas;(d)A lack of lighting;(e)Campfires contained in or outside a fire pit or an enclosure provided by the private campground, bonfires, grass or brush fires, wildfires, and forest fires;(f)Weather;(g)Insects, birds, and other wildlife;(h)A violation of safety rules or a disregard for signs or other methods of communicating warnings;(i)Another camper or visitor at the private campground acting in a negligent manner, if the private campground owner or an employee or officer of the private campground owner is not involved;(j)Actions by a camper or visitor that exceed his or her physical limitations or abilities;(k)Actions by a camper or visitor involving climbing, rappelling, caving, mountaineering;(l)Fireworks of a camper, visitor, or offsite entity not authorized by the private campground owner or employee or officer of a private campground owner; and(m)Any person coming onto the campsite not reported to the private campground owner or an employee or officer of the private campground owner.(3)"Private campground," any parcel or tract of land, including buildings and other structures, that is owned or operated by a private property owner where five or more campsites are made available for use as temporary living quarters for recreational, camping, travel, or seasonal use. The term also includes recreational vehicle parks. Source: SL 2022, ch 107, 1.
34-18-40. Camping liability--Immunity granted.Except as provided under 34-18-41, a private campground owner, or an employee or officer of a private campground owner, is not liable if a person is injured or killed or property is damaged as a result of an inherent risk of camping. Source: SL 2022, ch 107, 2.
34-18-41. Camping liability--Immunity not granted.The provisions of 34-18-40 do not limit the liability of a private campground owner or an employee or officer of a private campground owner who:(1)Intentionally causes the injury, death, or property damage;(2)Acts with a willful or wanton disregard for the safety of the person or property damaged. This includes conduct committed with an intentional or reckless disregard for the safety of others;(3)Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or(4)Fails to conspicuously post warning signs of a dangerous, inconspicuous condition known to the owner of the private campground, or his or her employees or officers, on the property that the owner owns, leases, rents, or is otherwise in lawful control of or in possession of, if the owner, employee, or officer is aware of the condition by reason of a prior injury involving the same location or the same mechanism of injury. Such warning signs must appear in black letters on a white background with each letter a minimum of one inch in height. Source: SL 2022, ch 107, 3.
34-18-42. Camping liability--Warning mandated.Every written contract entered into by a private campground owner or an employee or officer of a private campground owner must contain, in clearly readable print, the warning notice specified in this section. A warning sign must be posted at the entrance or registration desk of a private campground. The signs described in subdivision34-18-41(4) and contracts described in this section must contain the following warning:WARNINGUnder South Dakota law, a private campground owner or an employee or officer of a private campground owner is not liable for an injury to or the death of a person or any property damage resulting from the inherent risks of camping. Source: SL 2022, ch 107, 4.
34-18-6. Agreements between secretary of health and other agencies.The secretary of health may enter into mutual agreements with other public and private agencies in order to promote the mutual effectiveness of both agencies in the area of public health and safety and to prevent duplication of effort in the promotion of an efficient public health program. Source: SL 1963, ch 158, 20; SL 1997, ch 201, 1.
34-18-7. Employment of personnel by secretary--Local health departments as enforcement agents.The secretary of health shall employ such personnel as are necessary to perform the duties of this chapter. Any county or district health department or municipal health department organized under existing laws may be designated as an agent of the secretary for the purpose of administering the provisions of this chapter and rules and regulations of the department. Source: SL 1963, ch 158, 6.
34-18-8. Deposit and accounting for money received.All money received by the secretary in the administration of this chapter shall be receipted and accounted for by the State Health Department and all money so collected shall be deposited monthly with the state treasurer to the credit of the state general fund. If any local health department has been designated as an agent of the secretary as provided by 34-18-7, and the local health department actually carries out the duties agreed to with the secretary, then all such money received by the secretary from establishments within the boundaries of the local health department shall be returned to that health department. Source: SDC 1939, 27.1726; SL 1963, ch 158, 18; SL 1970, ch 200; SL 1996, ch 212.
34-18-9.1. Definition of terms related to bed and breakfast establishments.Terms as used in 34-18-9.1 to 34-18-9.4, inclusive, mean:(1)"Bed and breakfast establishment," any building or buildings run by an operator which is used to provide accommodations for a charge to the public, with at most five rental units for up to an average of ten guests per night and in which family style meals are provided;(2)"Family style meal," any meal ordered by persons staying at a bed and breakfast establishment which is served from common food service containers, as long as any food not consumed by those persons is not reused;(3)"Operator," the owner or the owner's agent, who is required to reside in the bed and breakfast establishment or on contiguous property. Source: SL 1986, ch 280, 3; SL 1996, ch 213, 1.
34-18-9.2. Exemption for bed and breakfast establishment.No bed and breakfast establishment as defined in 34-18-9.1 is subject to be licensed under the provisions of this chapter. Source: SL 1986, ch 280, 2; SL 1996, ch 213, 3.
34-18-9.3. Registration of bed and breakfast establishment--Fee--Investigation of complaints.Any bed and breakfast establishment operating in this state shall register with the Department of Health. A one-time registration fee of thirty-eight dollars is required before a bed and breakfast establishment may be operated. The fee shall be placed in the Department of Health fee account. Any change in ownership or location of the bed and breakfast establishment requires a new registration on a form provided by the department. The form shall be submitted to the department along with payment of a thirty-eight dollar registration fee. The department may investigate any complaint made against any bed and breakfast establishment. Source: SL 1986, ch 280, 4; SL 1996, ch 213, 4; SL 2009, ch 165, 2.
34-18-9.4. Bed and breakfast establishment to maintain guest list and smoke detectors--Violation as misdemeanor.Any bed and breakfast establishment shall maintain a guest list and shall place a smoke detector in each sleeping room with a minimum of at least one smoke detector per floor. Any violation of this section is a Class 2 misdemeanor. Source: SL 1986, ch 280, 5; SL 1996, ch 213, 5.
34-18-9. License required to operate lodging or food service establishment or campground--Posting in conspicuous place.It is a Class 2 misdemeanor to maintain, conduct or operate a lodging establishment, campground or food service establishment in this state unless a valid license, issued by the department, is in the possession of the owner and posted in a conspicuous place in such establishment or campground. Source: SL 1909, ch 185, 8; SL 1913, ch 238, 5; SL 1915, ch 215, 5; RC 1919, 7825; SL 1921, ch 241; SL 1929, ch 212, 2; SL 1935, ch 173, 2; SDC 1939, 27.1706; SL 1941, ch 127, 1; SL 1955, ch 94, 2; SL 1963, ch 158, 7; SL 1967, ch 106, 1; SL 1970, ch 199, 3; SL 1977, ch 190, 40.
34-20-1. Label and warnings required for specified poisons--Contents of label.No person shall vend, sell, give away, or furnish, either directly or indirectly, any poison named in schedules A or B as set forth in 34-20-2 and 34-20-3, unless the package, box, bottle, paper, or other container of such poison be labeled with the name of the active ingredients, the name and address of the person furnishing the same, and the word, poison, in red letters not less than one-fourth inch in height together with the skull and crossbones in like color and size and in addition thereto a caution to the user as to the dangerous properties of such poison; provided however, that whenever any such poison is sold in the original unbroken package the name and address of the seller need not be shown on the label. Source: SL 1893, ch 132, 12; SL 1897, ch 103, 2; RPolC 1903, 280; RC 1919, 7844; SL 1929, ch 124, 1; SL 1935, ch 114, 1; SDC 1939, 22.1201.
34-20-14. Sale of misbranded rodenticides and insecticides as misdemeanor--Statements constituting misbranding.It is a Class 2 misdemeanor for any person, firm, or corporation to sell, offer, expose, or keep in possession for sale or delivery in this state any mouse, rat, gopher, rodent, insect, or other poison or preparation intended for use in destroying the life of lower animals, which is misbranded. Such poisons or preparations shall be misbranded, for the purposes of this section, if the package or label shall bear any statement, design, or device regarding such substance, or the ingredients contained therein, which shall be false, deceptive, or misleading in any particular, either as to the substance itself or as to any property of the substance; or if it shall fail to bear the name and address of the manufacturer or distributor of such poison or preparation. Source: SL 1935, ch 114, 2; SDC 1939, 22.1203; SL 1977, ch 190, 43.
34-20-15. Rodenticides and insecticides misbranded if not labeled as poison.Any mouse, rat, gopher, rodent, insect, or other poison or preparation intended for use in destroying the life of lower animals which is also poisonous to human beings shall be considered misbranded also if the label or package shall fail to bear the word, poison, in capital letters not less than one-fourth inch in height printed in red ink, together with the figure of the skull and crossbones. Source: SL 1935, ch 114, 2; SDC 1939, 22.1203.
34-20-16. Federal rodent control program not impaired.Nothing in this chapter shall be construed to interfere with or prevent the preparation, sale and distribution of poisons, poisoned grains or baits by the district leader in rodent control for the United States Department of the Interior, Fish and Wildlife Service, when the same are intended for use in the control of rodents, nor prevent the preparation or distribution of poisoned grain or bait by or under the supervision of the board of county commissioners of any county in the state, acting upon the advice and with the co-operation of a person engaged in rodent control work under the Fish and Wildlife Service of the United States Department of the Interior. Source: SL 1929, ch 124, 5; SL 1933, ch 162; SDC 1939, 22.1204; SL 1951, ch 106; SL 1964, ch 74.
34-20-2. Schedule A--Highly toxic poisons enumerated.The following is schedule A, referred to in 34-20-1:(1)Arsenic, lead arsenate, Paris green, and other poisonous compounds of arsenic;(2)Corrosive sublimate or preparations of the same and other poisonous compounds of mercury;(3)Prussic acid, potassium cyanide, oil of bitter almonds, aconite, belladonna, veratrum viride, strychnine, nux vomica, their preparations or derivatives, and all other poisonous vegetable alkaloids and their salts;(4)Strophanthus or its preparations, cocculus indicus, chloral hydrate, veronal, and other urea derivatives;(5)Creosote, cresols, and their preparations, tartar emetic, carbolic acid (phenol), containing more than ten percent of said acid, nitric acid, and sulphuric acid except in solutions containing ten percent or less of such acids;(6)Yellow phosphorus and its poisonous preparations; and(7)Other poisonous drugs and medicines fatal to human life in doses of fifteen grains or less. Source: SL 1893, ch 132; SL 1897, ch 103, 2; RPolC 1903, 280; RC 1919, 7844; SL 1929, ch 124, 1; SL 1935, ch 114, 1; SDC 1939, 22.1201.
34-20-23. Intentional poisoning of food, drug, or water supply as felony.Every person who intentionally mingles any poison with any food, drink, or medicine with intent that the same shall be taken by any human being to his injury, and every person who intentionally poisons any spring, well, or reservoir of water, is guilty of a Class 4 felony. Source: PenC 1877, 406; CL 1887, 6607; RPenC 1903, 416; RC 1919, 4124; SDC 1939, 13.1503; SL 1977, ch 190, 50.
34-20-24. Laying out of poison in specified places as misdemeanor.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.
34-20-25. Landowner permitted to lay out poison for rodents, magpies, and insects.Section 34-20-24 shall not apply to the laying out of poison for the control of ground squirrels, pocket gophers, mice, prairie dogs, rabbits, and other food, crop, and tree destroying rodents or magpies and insects by a landowner or a lessee on his own land or land controlled by him. 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.
34-20-26. Federal program for rodent, magpie, and insect control unimpaired.Nothing in 34-20-24 shall be construed to prohibit or interfere with the Fish and Wildlife Service of the United States Department of the Interior from laying out poison for the control of ground squirrels, pocket gophers, mice, prairie dogs, rabbits, and other food, crop, and tree destroying rodents or magpies.Nothing in 34-20-24 shall be construed to prohibit or interfere with departments of the State of South Dakota, boards of county commissioners, officers of organized townships, and incorporated municipalities from laying out poison for the control of the above named rodents and magpies and insects when co-operating with and acting on the advice of said Fish and Wildlife Service of the United States Department of the Interior. Source: SL 1937, ch 191; SDC 1939, 13.1502.
34-20-27. County application for federal assistance in rodent control.Application for the services of the Fish and Wildlife Service in the eradication of rodents enumerated in 34-20-26 shall be made by the board of county commissioners of the respective counties, which board shall advise in the naming of the persons selected to lay out such poison. Source: SL 1937, ch 191; SDC 1939, 13.1502.
34-20-28. State predatory animal control program unimpaired.Section 34-20-24 shall not apply to the laying out of poison by the Department of Game, Fish and Parks, its employees or agents or persons or forces cooperating with or under the direction of said department for the extermination of predatory animals. Source: SL 1921, ch 328; SL 1937, ch 191; SDC 1939, 13.1502; SL 1971, ch 205.
34-20-3. Schedule B--Less toxic poisons enumerated.The following is schedule B referred to in 34-20-1:(1)Carbolic acid in solutions containing ten percent or less;(2)Hydrochloric or muriatic acid, except in solutions containing ten percent or less;(3)Oxalic acid, chloroform, ether, santonine, cantharides, iodine, or its tinctures;(4)Sulphate of zinc, sulphate of copper, carbonate of copper;(5)Solutions of formaldehyde and compound solutions of cresol; and(6)Other poisonous drugs and medicines fatal to human life in doses of fifteen to sixty grains. Source: SL 1893, ch 132; RPolC 1903, 280; RC 1919, 7844; SL 1929, ch 124, 1; SL 1935, ch 114, 1; SDC 1939, 22.1201.
34-20-4. Poison register for schedule A poisons--Contents of entries.No person shall furnish any poison named in schedule A to any person unknown to him, unless identified by one known to the seller, and unless he shall record in a well-bound book known as a poison register in the following form: Date of SaleName of Poison or PreparationQuantityPurposeSignature of Buyer or Person to Whom DeliveredAddressBy Whom IntroducedBy Whom Sold the date of such sale, and the initials of the dispenser, the signature and address of the person to whom delivered, and the name of the person, if any, who introduced him, the name and quantity of the poison sold or furnished, and the purpose for which same is to be used. Source: SL 1893, ch 132, 12; SL 1897, ch 103, 2; RPolC 1903, 280; RC 1919, 7844; SL 1929, ch 124, 1; SL 1935, ch 114, 1; SDC 1939, 22.1201.
34-20-5. Sales entered in poison register--Understanding of poisonous nature--Purpose of use--Sales to minors restricted.No poison shall be delivered to any person until such person shall have entered his name in the seller's poison register, and until the seller shall have satisfied himself that the purchaser understands the poisonous nature of the article and that such poison is to be used for legitimate purposes; nor shall any poison be delivered to any minor under sixteen years of age except upon written order of an adult known to the seller. Source: SL 1929, ch 124, 1; SL 1935, ch 114, 1; SDC 1939, 22.1201.
34-20-6. Prescription sales exempt from labeling and registration requirements.The provisions of 34-20-1 to 34-20-5, inclusive, as to labeling and registration of sales of poisons shall not apply to the sale of such by registered pharmacists upon the prescriptions of duly licensed, practicing physicians, dentists, or veterinary surgeons. Source: SL 1929, ch 124, 2; SDC 1939, 22.1202.
34-20A-100. First responder defined.For the purposes of 34-20A-98 to 34-20A-103, inclusive, the term, first responder, includes:(1)A law enforcement officer as defined by subdivision 22-1-2(22);(2)A driver and attendant responding to an emergency call as part of an ambulance service licensed pursuant to chapter 34-11; and(3)A firefighter. Source: SL 2015, ch 179, 3.
34-20A-101. Training of first responders.Each first responder authorized to administer an opioid antagonist shall be trained in the symptoms of an opiate overdose; the protocols and procedures for administration of an opioid antagonist; the symptoms of adverse responses to an opioid antagonist, and protocols and procedures to stabilize the patient if an adverse response occurs; and the procedures for storage, transport, and security of the opioid antagonist. The training shall comply with the criteria established pursuant to 34-20A-102, and may be provided by the employer of first responders at the employer's discretion. Source: SL 2015, ch 179, 4.
34-20A-102. Promulgation of rules for training, possession, and administration of opioid antagonists.The Board of Medical and Osteopathic Examiners shall promulgate rules, pursuant to chapter 1-26, establishing:(1)The criteria for training a first responder to comply with the provisions of 34-20A-101; and(2)The requirements for a physician's issuance of a standing order to a first responder authorizing a prescription for the first responder's possession of an opioid antagonist and the protocols and procedures to be followed in administering an opioid antagonist. Source: SL 2015, ch 179, 5.
34-20A-103. Immunity from civil liability for injuries or death associated with administration of opioid antagonists.A physician who issues a standing order under the rules established pursuant to 34-20A-102, a first responder acting under a standing order who administers an opioid antagonist in good faith compliance with the protocols for administering an opioid antagonist, and the first responder's employer, are not civilly liable for injuries, and may not be held to pay damages to any person, or the person's parents, siblings, children, estate, heirs, or devisees, for injuries or death associated with the administration of an opioid antagonist. Source: SL 2015, ch 179, 6.
34-20A-104. Possession and administration of opioid antagonists by person close to person at risk of overdose.A person who is a family member, friend, or other close third party to a person at risk for an opioid-related drug overdose may be prescribed, possess, distribute, or administer an opioid antagonist that is prescribed, dispensed, or distributed by a licensed health care professional directly or by standing order pursuant to 34-20A-104 to 34-20A-108, inclusive. Source: SL 2016, ch 174, 1.
34-20A-105. Prescription for opioid antagonist.A licensed health care professional may, directly or by standing order, prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose, or prescribe to a family member, friend, or other close third party person the health care practitioner reasonably believes to be in a position to assist a person at risk of experiencing an opioid-related overdose. Source: SL 2016, ch 174, 2.
34-20A-106. Health care professional immunity from liability.A health care professional who is authorized to prescribe or dispense an opioid antagonist is not subject to any disciplinary action or civil or criminal liability for the prescribing or dispensing of an opioid antagonist to a person whom the health care professional reasonably believes may be in a position to assist or administer the opioid antagonist to a person at risk for an opioid-related drug overdose. Source: SL 2016, ch 174, 3.
34-20A-107. Prescription deemed issued for legitimate medical purpose.For the purpose of 34-20A-104 to 34-20A-108, inclusive, any prescription issued pursuant to 34-20A-104 to 34-20A-108, inclusive, is deemed to be issued for a legitimate medical purpose in the usual course of professional practice. Source: SL 2016, ch 174, 4.
34-20A-108. Duty or standard of care regarding opioid antagonists unaffected.The provisions of 34-20A-104 to 34-20A-108, inclusive, do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, or administer an opioid antagonist. Source: SL 2016, ch 174, 5.
34-20A-109. Definitions related to reporting person in need of emergency assistance for drug-related overdose.Terms used in 34-20A-110 to 34-20A-113, inclusive, mean:(1)"Drug-related overdose," an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a person would reasonably believe to be a drug overdose that requires medical assistance. Source: SL 2017, ch 154, 1.
34-20A-110. Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose.No person may be arrested or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts any law enforcement or emergency medical services and reports that a person is in need of emergency medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in 34-20A-109 to 34-20A-113, inclusive, only if:(1)The evidence for the charge or prosecution was obtained as a result of the person seeking medical assistance for another person;(2)The person seeks medical assistance for another person who is in need of medical assistance for an immediate health or safety concern; and(3)The person seeking medical assistance for another person remains on the scene and cooperates with medical assistance and law enforcement personnel. Source: SL 2017, ch 154, 2.
34-20A-111. Immunity from arrest or prosecution for reporting one's own need for emergency medical assistance for drug-related overdose.A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person contacts law enforcement or emergency medical services and reports that he or she is in need of medical assistance as the result of a drug-related overdose. A person qualifies for the immunities provided in this section only if the evidence for the charge or prosecution was obtained as a result of the drug-related overdose and the need for medical assistance. Source: SL 2017, ch 154, 3.
34-20A-112. Providing first aid or other medical assistance as mitigating factor--Limitations on immunity.Providing first aid or other medical assistance to someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for which immunity is not provided under 34-20A-109 to 34-20A-113, inclusive. Nothing in 34-20A-109 to 34-20A-113, inclusive, may be construed to:(1)Bar the admissibility of any evidence obtained in connection with the investigation and prosecution of other crimes or violations committed by a person who otherwise qualifies for limited immunity pursuant to 34-20A-109 to 34-20A-113, inclusive; or(2)Limit, modify, or remove any immunity from liability currently available to public entities, public employees by law, or prosecutors. Source: SL 2017, ch 154, 4.
34-20A-113. One-time immunity.Any person seeking medical assistance or who reports a person is in need of medical assistance shall only qualify once for immunity under 34-20A-109 to 34-20A-112, inclusive. Source: SL 2017, ch 154, 5.
34-20A-18. Solicitation and acceptance of gifts, grants and services.The division may solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services, or property from the federal government, the state, or any political subdivision thereof or any private source, and may do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant. Source: SL 1974, ch 240, 4 (3).
34-20A-2.1. Accredited facility deemed approved.An accredited prevention or treatment facility as defined in 34-20A-2 is deemed to be approved by the state for purposes of 58-18-7.1. Source: SL 1985, ch 278, 58; SL 1989, ch 292, 3.
34-20A-2. Definition of terms.Terms used in this chapter mean:(1)"Accredited prevention or treatment facility," a private or public agency meeting the standards prescribed in 34-20A-27 or a private or public agency or facility surveyed and accredited by the Joint Commission; an Indian Health Service's quality assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse; or the Commission on Accreditation of Rehabilitation Facilities; or the Council on Accreditation; under the drug and alcohol treatment standards incorporated and adopted by the division in rules promulgated pursuant to chapter 1-26, if proof of the accreditation, with accompanying recommendations, progress reports and related correspondence are submitted to the division in a timely manner;(2)"Addiction counselor," a person licensed or certified as an addiction counselor by the South Dakota Board of Addiction and Prevention Professionals;(3)"Alcoholic," a person who habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that the person's health is substantially impaired or endangered or the person's social or economic function is substantially disrupted;(4)"Department," the Department of Social Services;(5)"Designated prevention or treatment facility," an accredited agency operating under the direction and control of the state or providing services under this chapter through a contract with the division or treatment facilities operated by the federal government that may be designated by the division without accreditation by the state;(6)"Division," the Division of Behavioral Health within the department;(7)"Drug abuser," a person who habitually lacks self-control as to the use of controlled drugs or substances as defined in 34-20B-3 to the extent that the person's health is substantially impaired or endangered or that the person's social or economic function is substantially disrupted;(8)"Incapacitated by alcohol or other drugs," that a person, as a result of the use of alcohol or other drugs, is unconscious or the person's judgment is otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for treatment;(9)"Incompetent person," a person who has been adjudged incompetent by the circuit court;(10)"Intoxicated person," a person who demonstrates diminished mental or physical capacity while under the influence of alcohol or other drugs;(11)"Prevention," purposeful activities designed to promote personal growth of a person and strengthen the aspects of the community environment that are supportive to the person in order to preclude, prevent, or impede the development of alcohol or other drug misuse and abuse;(12)"Secretary," the secretary of the Department of Social Services;(13)"Treatment," the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, that may be extended to a person experiencing problems as a result of the use of alcohol or other drugs. Source: SL 1974, ch 240, 2; SL 1981, ch 375, 18, 19; SL 1985, ch 278, 2; SL 1989, ch 21, 154; SL 1989, ch 292, 1; SL 1999, ch 173, 1; SL 2004, ch 253, 29; SL 2009, ch 166, 1; SL 2011, ch 1 (Ex. Ord. 11-1), 70, 163, eff. Apr. 12, 2011; SL 2011, ch 159, 1; SL 2016, ch 15, 10; SL 2017, ch 153, 1; SL 2022, ch 108, 1.
34-20A-27. Standards for accredited prevention or treatment facilities--Fees.The division shall establish reasonable standards and requirements for accredited prevention or treatment facilities. The division may fix the fees to be charged by the division for the required inspections. The division may adopt rules, pursuant to chapter 1-26, in regard to the following standards and requirements:(1)Management and administration, including fiscal control, program planning, and evaluation;(2)Physical facilities and quality control;(3)Services administration, including client rights, confidentiality, treatment planning, and statistical reporting;(4)Service components including: inpatient/residential, outpatient treatment, social detoxification, transitional care, custodial care, counseling and support services, prevention services;(5)Staff qualifications; and(6)Such other standards as are necessary for the safety and health of clients and patients. Source: SL 1974, ch 240, 7 (a); SL 1985, ch 278, 24; SL 2011, ch 1 (Ex. Ord. 11-1), 70, eff. Apr. 12, 2011; SL 2016, ch 15, 12.
34-20A-34. Real property acquisition and provision of facilities.The division may acquire, hold, or dispose of real property or any interest in real property, and construct, lease, or otherwise provide facilities for the prevention of alcohol and drug abuse and facilities for the treatment of those persons suffering from alcohol and drug abuse and for intoxicated persons. Source: SL 1974, ch 240, 4 (8); SL 1985, ch 278, 31; SL 2011, ch 1 (Ex. Ord. 11-1), 70, eff. Apr. 12, 2011; SL 2016, ch 15, 13.
34-20A-40. Procedure for standards, rules, and regulations.The division in the adoption of standards and in the promulgation of other rules and regulations shall be governed by the provisions of chapter 1-26. Source: SL 1974, ch 240, 18.
34-20A-44.1. Access to public and private prevention and treatment facilities and records.If a public or private agency or facility is considered to be an accredited prevention or treatment facility by reason of compliance with accreditation by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, an Indian Health Service's quality assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse, or the Council on Accreditation, as described in 34-20A-2, the division retains the right of access to all facility premises and relevant records to monitor compliance or investigate complaints brought against the facility. Source: SL 1985, ch 278, 56; SL 1989, ch 292, 5; SL 1999, ch 173, 3; SL 2009, ch 166, 3; SL 2011, ch 1 (Ex. Ord. 11-1), 70, eff. Apr. 12, 2011; SL 2011, ch 159, 3; SL 2016, ch 15, 15.
34-20A-44. Inspection of facilities.The division shall inspect accredited prevention or treatment facilities to insure compliance with this chapter. For purposes of inspection, the division shall have access to the facility and its records at reasonable times and in a reasonable manner. This section does not apply to facilities accredited pursuant to accreditation by the Joint Commission, the Commission on Accreditation of Rehabilitation Facilities, an Indian Health Service's quality assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse, or the Council on Accreditation. Source: SL 1974, ch 240, 7 (b); SL 1985, ch 278, 40; SL 1989, ch 292, 4; SL 1999, ch 173, 2; SL 2009, ch 166, 2; SL 2011, ch 1 (Ex. Ord. 11-1), 70, eff. Apr. 12, 2011; SL 2011, ch 159, 2; SL 2016, ch 15, 14.
34-20A-50. Application for voluntary treatment by minor or incompetent.If a person suffering from alcohol or drug abuse is a minor or an incompetent person, he, a parent, a guardian, or other legal representative may make application to an accredited facility for voluntary treatment. Source: SL 1974, ch 240, 9 (a); SL 1985, ch 278, 46; SL 1993, ch 213, 224.
34-20A-51. Determination of admission for treatment--Referral to other facilities.Subject to rules adopted by the division, the administrator in charge of an accredited treatment facility may determine who shall be admitted for treatment. If a person is refused admission to the facility, the administrator, subject to rules adopted by the division, shall refer the person to another treatment facility for treatment if possible and appropriate. Source: SL 1974, ch 240, 9 (b); SL 1985, ch 278, 47; SL 2011, ch 1 (Ex. Ord. 11-1), 70, eff. Apr. 12, 2011; SL 2016, ch 15, 16.
34-20A-55. Protective custody of intoxicated or incapacitated person--Emergency detainment.Any person who appears to be intoxicated or incapacitated by the effects of alcohol or drugs and is clearly dangerous to the health and safety of oneself or others may be taken into protective custody by law enforcement authorities, acting with probable cause. If the person is taken into protective custody, the person must be taken to an approved treatment facility offering detoxication services for emergency detainment. If emergency detainment is not appropriate, as determined by the administrator of the treatment facility or an authorized designee, the person may be detained as a patient in protective custody until no longer intoxicated or up to forty-eight hours after admission. If no approved treatment facility is readily available, the person must be taken to an emergency medical service or a jail, but only until the person is no longer intoxicated or incapacitated or only so long as may be necessary to prevent injury to oneself or others. Source: SL 1974, ch 240, 10 (a), (b); SL 1975, ch 222; SDCL Supp, 34-20A-54; SL 1976, ch 217, 3; SL 1983, ch 198, 10; SL 1985, ch 277, 7; SL 2010, ch 173, 1; SL 2022, ch 108, 2.
34-20A-56. Protective custody procedure--Duty of detaining officer--No arrest or record.Any law enforcement officer, in detaining a person pursuant to 34-20A-55 and in taking the person to an approved treatment facility for emergency detainment, is taking the person into protective custody and shall make every reasonable effort to protect the person's health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect the officer's person. A taking into protective custody under this section is not an arrest. No entry or other record may be made to indicate that the person has been arrested or charged with a crime. Source: SL 1974, ch 240, 10 (b); SL 1985, ch 277, 8; SL 2022, ch 108, 3.
34-20A-57. Law enforcement authorities not criminally or civilly liable for protective custody actions.Law enforcement authorities who act in compliance with 34-20A-55, 34-20A-56, and 34-20A-66 are acting in the course of their official duty and are not criminally or civilly liable therefor. Source: SL 1974, ch 240, 10 (g); SL 1986, ch 283, 1; SL 2022, ch 108, 4.
34-20A-63. Emergency detainment--Grounds.An intoxicated person may be detained in an approved treatment facility for emergency treatment if the person:(1)Has threatened, attempted, or inflicted physical harm on oneself or on another or is likely to inflict physical harm on another unless detained;(2)Is incapacitated by the effects of alcohol or drugs; or(3)Is pregnant and abusing alcohol or drugs.A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. Source: SL 1974, ch 240, 11 (a); SL 1985, ch 277, 14; SL 1998, ch 204, 1; SL 2022, ch 108, 5.
34-20A-64.1. Confinement of disruptive detainee.If any person taken into protective custody, pursuant to 34-20A-55, or under emergency detainment pursuant to 34-20A-64, is disruptive beyond the ability of the facility to control the person's behavior, or leaves without staff approval, the facility administrator, or an authorized designee, shall contact law enforcement authorities who may further detain the person at whatever level of confinement is necessary to protect the detainee or others. Source: SL 1985, ch 277, 1; SL 2022, ch 108, 7.
34-20A-64. Written application--Contents.Any law enforcement officer, physician, spouse, guardian, or relative of the person to be detained, or any other responsible person, may make a written application for detainment under 34-20A-63, directed to the administrator of the approved treatment facility. The application must state the circumstances requiring emergency detainment, including the applicant's personal observations and the specific statements of others, if any, upon which the person making the application relies. Source: SL 1974, ch 240, 11 (b); SL 1985, ch 277, 15; SL 2022, ch 108, 6.
34-20A-65. Administrator to observe--Refusal of application--Disposition of detained person.The administrator of an approved treatment facility or an authorized designee shall refuse an application if the application fails to sustain the grounds for emergency detainment set forth in 34-20A-63. The administrator of an approved treatment facility or an authorized designee may also refuse an application if, upon personal observation, the person to be detained does not meet the grounds for emergency detainment set forth in 34-20A-63. The person detained shall be immediately released and must be encouraged to seek voluntary treatment if appropriate, unless the person is under protective custody. In that event, the person may be detained until no longer intoxicated or up to forty-eight hours. Source: SL 1974, ch 240, 11 (d); SL 1985, ch 277, 16; SL 2022, ch 108, 8.
34-20A-66.1. Payment for treatment under emergency detainment or protective custody.Payment for treatment under emergency detainment, or under protective custody pursuant to 34-20A-55 if emergency detainment is not required, may be assessed to the individual, to a legally responsible relative or guardian, to the county of residence if indigent, or billed to the division through contract with an approved treatment facility. Any payment for emergency detainment to the Human Services Center is subject to the requirements of chapter 27A-13. Source: SL 1985, ch 277, 2; SL 1987, ch 254; SL 2016, ch 15, 17; SL 2022, ch 108, 10.
34-20A-66. Approval of application--Intake procedure--Retention or transfer.Upon approval of the application by the administrator of the approved treatment facility or an authorized designee, the person shall be retained or brought to the facility by a law enforcement officer or any other interested person. A law enforcement officer must only transport the person if criteria for protective custody is met under 34-20A-55 at the time of transport. A law enforcement officer shall notify the treatment facility if criteria for protective custody under 34-20A-55 is not met. The person must be retained at the facility to which the person was admitted, or transferred to another appropriate treatment facility, until discharged under 34-20A-68. Source: SL 1974, ch 240, 11 (c); SL 1985, ch 277, 17; SL 2022, ch 108, 9.
34-20A-67. Person to receive copy of application--Right to counsel.A copy of the written application for detainment and a written explanation of the person's right to counsel must be given to the person within twenty-four hours after detainment by the administrator, who shall provide a reasonable opportunity for the person to consult counsel. Source: SL 1974, ch 240, 11 (f); SL 1985, ch 277, 18; SL 2022, ch 108, 11.
34-20A-68. Discharge from emergency detainment.If the administrator or an authorized designee determines that the grounds for emergency detainment no longer exist, the person detained under 34-20A-63 shall be discharged. Source: SL 1974, ch 240, 11 (e); SL 1985, ch 277, 19; SL 2022, ch 108, 12.
34-20A-69.1. Immunity of facility operators for acts in compliance with chapter.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.
34-20A-69. Maximum period of detainment--Extension if petition for involuntary commitment filed.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. If a petition for involuntary commitment under 34-20A-70 has been filed within the five days, excluding Saturdays, Sundays, and legal holidays, and the administrator of an approved treatment facility or an authorized designee finds that grounds for emergency detainment still exist, 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 filing the petition. Source: SL 1974, ch 240, 11 (e); SL 1985, ch 277, 20; SL 2022, ch 108, 13.
34-20A-70.1. Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county.In any proceedings for involuntary commitment or detention, or any proceeding challenging such commitment or detention, the attorney appointed by the circuit court judge to represent the petitioner, shall represent the individuals or agencies petitioning for commitment or detention and defend all challenges to the commitment or detention. The appointed attorney shall be paid by the county where the hearing and commitment proceedings are taking place at a rate to be fixed by the circuit judge. The county shall be reimbursed for such expense by the petitioner, if the petitioner is a family member and is financially able to do so. Source: SL 1985, ch 277, 3.
34-20A-70.2. Commitment petition application and report to be sealed--State may seek access to documents--Information not to be used in certain prosecutions.The petition for commitment, written application, and written report to the circuit court and the resulting protective custody order required by 34-20A-70 shall be sealed and may not be used for the purpose of enforcing the provisions of chapter 22-42 and chapter 22-42A against the person being committed. Any law enforcement official or prosecuting attorney may petition the circuit court to examine these documents, and the court may allow such examination upon a showing that the purpose of the examination is not to investigate a violation of chapter 22-42 or chapter 22-42A against the person being committed. However, any information obtained from the examination of the petition for commitment, written application, written report, or protective custody order may not be used against the person being committed in any prosecution for a violation of chapter 22-42 or chapter 22-42A. Source: SL 2003, ch 182, 1.
34-20A-70. Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.A person may be committed by the circuit court upon the petition of the person's spouse or guardian, a relative, a physician, the administrator of any approved treatment facility, or any other responsible person. Any person applying for commitment shall do so to the circuit court through the clerk of courts of the county in which the person to be committed resides or is present. The circuit court judge, upon receipt of a written application prepared by the clerk of courts, shall appoint an attorney to represent the applicant. The appointed attorney shall investigate the grounds upon which the application is based and shall within five days, excluding Saturdays, Sundays, and legal holidays, submit a petition for commitment and a written report to the circuit court as to whether probable cause exists that the person subject of the petition is an alcoholic or drug abuser. All information obtained as a result of the investigation and written report shall be documented and made a part of the record of any further proceedings. The petition shall allege that the person is an alcoholic or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs and:(1)Has threatened, attempted, or inflicted physical harm on himself or herself or on another and that unless committed is likely to inflict harm on himself or herself or on another; or(2)Is incapacitated by the effects of alcohol or drugs; or(3)Is pregnant and abusing alcohol or drugs.A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment. Source: SL 1974, ch 240, 12 (a); SL 1985, ch 277, 22; SL 1998, ch 207, 1.
34-20A-72. Certificate of physician or addiction counselor--Refusal of examination or assessment--Eligible physicians and counselors.A petition filed under 34-20A-70 shall be accompanied by a certificate of a licensed physician or an addiction counselor either of whom has examined the person within two days before submission of the petition, unless the person whose commitment is sought has refused to submit to a medical examination or counselor assessment in which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the physician's or the counselor's findings in support of the allegations of the petition. A physician or addiction counselor employed by the admitting facility is not eligible to provide certification. Source: SL 1974, ch 240, 12 (a); SL 1985, ch 277, 23; SL 2012, ch 182, 1; SL 2016, ch 15, 18.
34-20A-73. Hearing on petition--Service of notice.Upon filing of a petition under 34-20A-70, the court shall fix a date for a hearing no later than ten days excluding Saturdays, Sundays, and legal holidays after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, must be served on the petitioner, the person whose commitment is sought, the person's next of kin other than the petitioner, a parent or guardian if a minor, the administrator in charge of the approved treatment facility to which the person has been under emergency detainment, if applicable, and any other person the court believes advisable. A copy of the petition and certificate must be delivered to each person notified. Source: SL 1974, ch 240, 12 (b); SL 1985, ch 277, 24; SL 1993, ch 213, 225; SL 2022, ch 108, 14.
34-20A-74. Presence in court of person or guardian ad litem--Examination by court.The person shall be present unless the court believes that his presence is likely to be injurious to him; in this event the court shall appoint a guardian ad litem to represent him throughout the proceeding. The court shall examine the person in open court, or if advisable, shall examine the person out of court. Source: SL 1974, ch 240, 12 (c).
34-20A-75. Testimony presented at hearing.At the hearing the court shall hear all relevant testimony, including, if possible, the testimony of at least one licensed physician and one addiction counselor who have examined the person whose commitment is sought. Source: SL 1974, ch 240, 12 (c); SL 1985, ch 277, 25; SL 2016, ch 15, 19.
34-20A-76.1. Compensation of court-appointed physician and counselor by county--Reimbursement.A licensed physician or addiction counselor appointed by the court to examine and assess a person for the purposes of involuntary commitment shall be paid by the county where the hearing and commitment proceedings take place. The physician or addiction counselor shall be compensated for such services in an amount fixed by the circuit judge. The county shall be reimbursed for such expense by the person if the person is financially able to do so. If the person is not financially able to pay such expense, the cost of physician or addiction counselor examination shall be paid to the county by the person legally bound for the support of such person if financially able to do so. Source: SL 1985, ch 277, 4; SL 2016, ch 15, 21.
34-20A-76. Court-appointed physician or addiction counselor--Refusal of examination--Temporary commitment for examination.If the person has refused to be examined by a licensed physician or an addiction counselor, the person shall be given an opportunity to be examined by a court-appointed licensed physician or addiction counselor. If the person refuses, or there is sufficient evidence to believe that the allegations of the petition are true, or both, or if the court believes that more evidence is necessary, the court may order a temporary commitment and transportation by a law enforcement officer to an approved treatment facility for a period of not more than five days for purposes of a diagnostic examination. Source: SL 1974, ch 240, 12 (c); SL 1985, ch 277, 26; SL 2012, ch 182, 2; SL 2016, ch 15, 20; SL 2022, ch 108, 15.
34-20A-77.1. Provision for committed person who cannot be admitted at once to facility--Maximum period of detention--Payment of costs.If it is shown to the satisfaction of the court that a committed person may not at once be admitted to the designated facility, and may not with safety, be allowed to go at liberty, the court shall require that the patient be provided for until admission can be accomplished, or until the occasion no longer exists. In any event, the patient may not be detained more than thirty days. Payment for such service is subject to 34-20A-89. Source: SL 1985, ch 277, 5.
34-20A-77. Order of involuntary commitment--Adequacy of treatment.If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to any appropriate accredited treatment facility. It may not order commitment of a person unless it determines that the proposed facility is able to provide adequate and appropriate treatment for him and the treatment is likely to be beneficial. Source: SL 1974, ch 240, 12 (d); SL 1985, ch 277, 27.
34-20A-78. Transfer to another facility--Reports--Notice.The administrator of the facility to which the person was committed, or an authorized designee, may transfer any person committed to its custody from one accredited treatment facility to another if transfer is advisable based on the committed person's treatment needs. A written report shall state the reasons why transfer to another facility or program is necessary to meet the treatment needs of the committed person. Notice of the transfer and the reasons therefor shall be given to the court, the person's attorney and the person's immediate family, subject to rules of confidentiality. Source: SL 1974, ch 240, 12 (h); SL 1985, ch 277, 28.
34-20A-79. Refusal of commitment by facility.An accredited treatment facility may refuse a request of a competent patient, spouse, parent, sibling, adult child, or guardian to accept the patient for commitment to treatment. Source: SL 1974, ch 240, 12 (k); SL 1985, ch 277, 29.
34-20A-80. Discharge before end of commitment period.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.
34-20A-81. Maximum period of involuntary commitment--Discharge or recommitment.Any person committed under 34-20A-70 shall remain in for treatment for a period not to exceed ninety days unless sooner discharged. At the end of the ninety-day period, he shall be discharged automatically unless the administrator or an authorized designee of the facility to which the patient is committed prior to expiration of the period obtains a court order for recommitment upon the grounds set forth in 34-20A-70 for a further period of ninety days unless sooner discharged. Source: SL 1974, ch 240, 12 (e); SL 1976, ch 218; SL 1985, ch 277, 31.
34-20A-82. Discharge from recommitment--Second period of recommitment.A person recommitted under 34-20A-81 who has not been discharged before the end of the ninety-day period shall be automatically discharged at the expiration of that period unless the administrator, or an authorized designee of the facility to which the patient is committed prior to expiration of the period, obtains a court order on the grounds set forth in 34-20A-70 for recommitment for a further period not to exceed ninety days. Source: SL 1974, ch 240, 12 (f); SL 1985, ch 277, 32.
34-20A-83. Number of recommitment orders permitted.Only two recommitment orders under 34-20A-81 and 34-20A-82 are permitted. Source: SL 1974, ch 240, 12 (f).
34-20A-84. Hearing on petition for recommitment--Service and notice--Procedure.Upon the filing of a petition for recommitment under 34-20A-81 or 34-20A-82, the court shall fix a date for hearing no later than ten days, excluding Saturdays, Sundays, or legal holidays, after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served on the petitioner, the person whose commitment is sought, his next of kin other than the petitioner, the original petitioner under 34-20A-70 if different from the petitioner for recommitment, at least one parent or guardian if a minor, and any other person the court believes advisable. At the hearing the court shall proceed as provided in 34-20A-74 to 34-20A-76, inclusive. Source: SL 1974, ch 240, 12 (g); SL 1985, ch 277, 33; SL 1993, ch 213, 226.
34-20A-85.1. Compensation of attorney appointed to represent person being committed--Reimbursement of county.The attorney appointed by a court to represent the interests of a person being committed for alcohol or drug abuse shall be paid by the county where the hearing and commitment proceedings are taking place. The attorney shall be compensated at a rate to be fixed by the circuit judge. The county shall be reimbursed for the expenses by the person if the person is financially able to do so. If the person is not financially able to pay such expenses, the cost of legal counsel shall be paid to the county by the person legally bound for the support of such person. Source: SL 1985, ch 277, 6.
34-20A-85. Rights to contest proceedings and to assistance of counsel--Court to require counsel if necessary.The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court, if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require, by appointment if necessary, counsel for him regardless of his wishes. Source: SL 1974, ch 240, 12 (j).
34-20A-86. Right to examination by physician and counselor of choice--Employment by court when necessary.The person whose commitment or recommitment is sought shall be informed of the person's right to be examined by a licensed physician and an addiction counselor of the person's choice. If the person is unable to obtain a licensed physician or an addiction counselor and requests examination by a physician or an addiction counselor, the court shall employ a licensed physician or an addiction counselor. Source: SL 1974, ch 240, 12 (j); SL 1985, ch 277, 34; SL 2016, ch 15, 22.
34-20A-87. Habeas corpus available at any time.A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus. Source: SL 1974, ch 240, 12 (l).
34-20A-89. Payment for treatment under involuntary commitment.If treatment of a person involuntarily committed is provided by an approved treatment facility, the payment for treatment may be assessed to the individual, to legally responsible relatives, to a conservator, to the county of residence if indigent or billed to the division through contract with the approved treatment facility. The payment for treatment of a person involuntarily committed to an accredited treatment facility shall be assessed to the individual, legally responsible relatives, or 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.
34-20A-98. Possession and administration of opioid antagonists by first responders.Any first responder trained in compliance with 34-20A-101 and acting under a standing order issued by a physician licensed pursuant to chapter 36-4 may possess and administer opioid antagonists to a person exhibiting symptoms of an opiate overdose. Source: SL 2015, ch 179, 1.
34-20A-99. Opioid antagonist defined.For the purposes of 34-20A-98 to 34-20A-103, inclusive, the term, opioid antagonist, means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal Food and Drug Administration for the treatment of drug overdose. Source: SL 2015, ch 179, 2.
34-20B-1. Definitions.Terms as used in this chapter mean:(1)"Administer," to deliver a controlled drug or substance to the ultimate user or human research subject by injection, inhalation, or ingestion, or by any other means;(2)"Agent," an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser and includes a common or contract carrier, public warehouseman, or employee thereof;(3)"Control," to add, remove, or change the placement of a drug, substance, or immediate precursor under 34-20B-27 and 34-20B-28;(4)"Counterfeit substance," a controlled drug or substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser;(5)"Deliver" or "delivery," the actual, constructive, or attempted transfer of a controlled drug, substance, or marijuana whether or not there exists an agency relationship;(6)"Department," the Department of Health created by chapter 1-43;(7)"Dispense," to deliver a controlled drug or substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery, and a dispenser is one who dispenses;(8)"Distribute," to deliver a controlled drug, substance, or marijuana. A distributor is a person who delivers a controlled drug, substance, or marijuana;(9)"Hashish," the resin extracted from any part of any plant of the genus cannabis that contains a delta-9 tetrahydrocannabinol concentration of more than three-tenths of one percent on a dry weight basis;(10)"Imprisonment," imprisonment in the state penitentiary unless the penalty specifically provides for imprisonment in the county jail;(11)"Manufacture," the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer;(12)"Marijuana," all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant or cannabidiol in a drug product approved by the United States Food and Drug Administration. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;(13)"Narcotic drug," any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:(a)Opium, coca leaves, and opiates;(b)A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;(c)A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subsections (a) and (b) of this subdivision;except that the term, narcotic drug, as used in this chapter does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine;(14)"Opiate" or "Opioid," any controlled drug or substance having an addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability;(15)"Opium poppy," the plant of the species papaver somniferum L., except the seeds thereof;(16)"Person," any corporation, association, limited liability company, partnership or one or more individuals;(17)"Poppy straw," all parts, except the seeds, of the opium poppy, after mowing;(18)"Practitioner," a doctor of medicine, osteopathy, podiatry, optometry, dentistry, or veterinary medicine licensed to practice their profession, or pharmacists licensed to practice their profession; physician assistants certified to practice their profession; certified nurse practitioners, certified nurse midwives, and certified registered nurse anesthetists to practice their profession; government employees acting within the scope of their employment; and persons permitted by certificates issued by the department to distribute, dispense, conduct research with respect to, or administer a substance controlled by this chapter;(19)"Prescribe," an order of a practitioner for a controlled drug or substance.(20)"Production," the manufacture, planting, cultivation, growing, or harvesting of a controlled drug or substance;(21)"State," the State of South Dakota;(22)"Ultimate user," a person who lawfully possesses a controlled drug or substance for personal use or for the use of a member of the person's household or for administration to an animal owned by the person or by a member of the person's household;(23)"Controlled substance analogue," any of the following:(a)A substance that differs in its chemical structure to a controlled substance listed in or added to the schedule designated in schedule I or II only by substituting one or more hydrogens with halogens or by substituting one halogen with a different halogen; or(b)A substance that is an alkyl homolog of a controlled substance listed in or added to schedule I or II; or(c)A substance intended for human consumption; and(i)The chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;(ii)Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or(iii)With respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II;However, the term, controlled substance analogue, does not include a controlled substance or any substance for which there is an approved new drug application. Source: SL 1970, ch 229,  6; SDCL Supp,  39-17-44; SL 1972, ch 216,  1; SL 1974, ch 266,  1; SL 1975, ch 256; SL 1976, ch 158,  42-9; SL 1981, ch 260,  1, 2; SL 1981, ch 375,  18, 19; SL 1984, ch 239,  1; SL 1985, ch 185,  2; SL 1986, ch 306,  11; SL 1989, ch 21,  158; SL 1989, ch 293,  1; SL 1994, ch 351,  61; SL 1995, ch 191,  4; SL 2004, ch 229,  1; SL 2013, ch 156,  1, eff. Mar. 6, 2013; SL 2017, ch 155,  1; SL 2017, ch 171,  50; SL 2019, ch 148,  1, eff. Feb. 19, 2019; SL 2020, ch 176,  23, eff. Mar. 27, 2020; SL 2020, ch 169,  4.
34-20B-10. Scheduled substances to be controlled--Nomenclature in schedules.All controlled drugs and substances listed in 34-20B-11 to 34-20B-26, inclusive, are hereby controlled. The schedules set forth in said sections include the controlled drugs and substances listed or to be listed, by whatever official name, common or usual name, or trade name designated. Source: SL 1970, ch 229, 7, 8; SDCL Supp, 39-17-53.
34-20B-100. Contracts with government agencies or private organizations.The Department of Health is hereby authorized to contract with agencies of the federal, state, or local government or any private organization or foundation for the purposes of carrying out its functions under this chapter. Source: SL 1974, ch 263; SDCL Supp, 39-17-150.1.
34-20B-105. Residential alcohol and drug abuse treatment program authorized at Human Services Center.The Department of Social Services may establish and operate a residential alcohol and drug abuse treatment program at the South Dakota Human Services Center at Yankton. Source: SL 1975, ch 255, 1; SDCL Supp, 39-17-151.3; SL 1985, ch 278, 57; SL 1989, ch 21, 160; SL 2011, ch 1 (Ex. Ord. 11-1), 163, eff. Apr. 12, 2011.
34-20B-11. Criteria for inclusion of substance in Schedule I.To be included within Schedule I, a substance shall have:(1)A high potential for abuse;(2)No accepted medical use in the United States; and(3)A lack of accepted safety for use under medical supervision. Source: SL 1970, ch 229, 8 (a); SDCL Supp, 39-17-54; SL 1976, ch 158, 42-11.
34-20B-113. Severability of provisions and applications.If a provision of this chapter is held unconstitutional or invalid, all constitutional or valid provisions that are severable shall remain in effect. If a provision of this chapter is held unconstitutional or invalid in one or more of its applications, the provision shall remain in effect in all its valid applications that are severable. Source: SL 1970, ch 229, 15; SDCL Supp, 39-17-154.
34-20B-114. Citation of chapter.This chapter may be cited as the State Drugs and Substances Control Act. Source: SL 1970, ch 229, 17; SDCL Supp, 39-17-155.
34-20B-115. Kratom--Under age--Misdemeanor. The following actions are unlawful:(1)To knowingly sell or distribute kratom to a person under the age of twenty-one;(2)The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of kratom by a person under the age of twenty-one; and(3)To purchase kratom on behalf of, or to give kratom to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.Kratom, for the purposes of this section, is a substance that contains 7-hydroxymitragynine, Mitragynine, or Mitragynine pseudoindoxyl. A violation of this section is a Class 2 misdemeanor. Source: SL 2021, ch 146,  1.
34-20B-116. State directed opioid trust fund established--Source of funds--Purpose.The opioid abatement and remediation fund is established in the state treasury. Money received from the following sources may be deposited into the fund:(1)Money received by the state pursuant to settlements or judgments relating to opioids;(2)Any gifts, bequests, or donations; and(3)Interest earned on money in the fund established under this section shall be credited to the fund.All money in the opioid abatement and remediation fund may only be used for purposes relating to opioid abuse treatment, prevention, and recovery programs and must be appropriated through the normal budget process. Expenditures of the state from the fund must be assigned to the Department of Social Services. Source: SL 2022, ch 110, 1, eff. Mar. 18, 2022.
34-20B-117. Delta-8 Tetrahydrocannabinol, THC-O Acetate, Hexahydrocannabinol--Under Age--Misdemeanor.The following actions are unlawful:(1)To knowingly sell or distribute a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one;(2)The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of, a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one; and(3)To purchase a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol on behalf of, or to give a product intended for human consumption containing delta-8 tetrahydrocannabinol, THC-O acetate, or hexahydrocannabinol to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.A violation of this section is a Class 2 misdemeanor. Source: SL 2022, ch 111, 1.
34-20B-12. Specific substances included in Schedule I.Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:(1)Acetylmethadol;(2)Allylprodine;(3)Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate or LAAM;(4)Alphameprodine;(5)Alphamethadol;(6)Benzethidine;(7)Betacetylmethadol;(8)Betameprodine;(9)Betamethadol;(10)Betaprodine;(11)Clonitazene;(12)Dextromoramide;(13)Diampromide;(14)Diethyliambutene;(15)Dimenoxadol;(16)Dimepheptanol;(17)Dimethyliambutene;(18)Dioxaphetyl butyrate;(19)Dipipanone;(20)Ethylmethylthiambutene;(21)Etonitazene;(22)Etoxeridine;(23)Furethidine;(24)Hydroxypethidine;(25)Ketobemidone;(26)Levomoramide;(27)Levophenacylmorphan;(28)Mecloqualone;(29)Morpheridine;(30)Noracymethadol;(31)Norlevorphanol;(32)Normethadone;(33)Norpipanone;(34)Phenadoxone;(35)Phenampromide;(36)Phenomorphan;(37)Phenoperidine;(38)Piritramide;(39)Proheptazine;(40)Properidine;(41)Racemoramide;(42)Trimeperidine;(43)Methaqualone;(44)N-benzylpiperazine;(45)4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]-benzenesulfonamide, W-18;(46)N,N-diethyl-2-(2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine, also known as isotonitazene;(47)2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (butonitazene);(48)2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (etodesnitazene, etazene);(49)N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine) (flunitazene);(50)N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine (metodesnitazene);(51)N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine (metonitazene);(52)2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole (N-pyrrolidino etonitazene, etonitazepyne); and(53)N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine (protonitazene). Source: SL 1970, ch 229, 8 (a) (1); SDCL Supp, 39-17-55; SL 1977, ch 315, 1; SL 1985, ch 278, 50; SL 1994, ch 278, 1; SL 2003, ch 183, 1; SL 2018, ch 203, 1, eff. Feb. 8, 2018; SL 2021, ch 144, 1, eff. Feb. 17, 2021; SL 2022, ch 109, 1, eff. Feb. 9, 2022.
34-20B-13. Opium derivatives and opiates included in Schedule I. Any of the following opium derivatives and opiates, their salts, isomers, esters, ethers, and salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the existence of such salts, isomers, esters, ethers, and salts of isomers, esters, and ethers is possible within the specific chemical designation:(1)Acetylcodone;(2)Benzylmorphine;(3)Codeine methylbromide;(4)Codeine-N-Oxide;(5)Desomorphine;(6)Drotebanol;(7)Heroin;(8)Hydromorphinol;(9)Methydesorphine;(10)Methylhydromorphine;(11)Morphine methylbromide;(12)Morphine methylsulfonate;(13)Morphine-N-Oxide;(14)Myrophine;(15)Nicocodeine;(16)Nicomorphine;(17)Normorphine;(18)Thebacon;(19)3-Methylfentanyl;(20)Fentanyl analogs. Any substituted derivatives of fentanyl unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, that is structurally related to fentanyl by modification in any one or more of the following ways:(a)By replacement of the phenyl portion of the phenethyl group by any monocycle whether or not further substituted in or on the monocycle;(b)By substitution in or on or replacement of the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;(c)By substitution in or on the piperadine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, phenyl, substituted phenyl, or nitro groups;(d)By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; or(e)By the replacement of the N-propionyl group by another acyl group.Some trade and other names: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (furanyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl, acryloylfentanyl); N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl or 2-fluorofentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (tetrahydrofuranyl fentanyl); 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (cyclopropyl fentanyl), N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide (valeryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (butyrl fentanyl); N-[1-(2-hydroxy-2-thiophen-2-ylethyl)piperidin-4-yl]-N-phenylpropanamide (Beta-Hydroxythiofentanyl); N-(4-fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (para-fluorobutyryl fentanyl); N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (para-methoxybutyryl fentanyl); N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-chloroisobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl fentanyl); N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil); N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-fluoroisobutyryl fentanyl); (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (Crotonyl fentanyl);(21)1-Methyl-4-phenyl-4-propionoxypiperidine;(22)1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;(23)3,4-dichloro-N[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700);(24)1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45);(25)3,4-dichloro-N-[(1dimethylamino)cyclohexylmethyl]benzamide (AH-7921);(26)2-(2,4-dichlorophenyl)-N-2-(dimethylamino)cyclohexyl)-N-methylacetamide (U-48800);(27)Trans-3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methyl-benzamide (U-49900);(28)N-[2-(dimethylamino)cyclohexyl]-N-methyl-1,3-benzodioxole-5-carboxamide (Methylenedioxy-U-47700);(29)3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-isopropylbenzamide (Isopropyl-U-47700);(30)1-(1,2-Diphenylethyl)piperidine (Diphenidine);(31)N-Ethyl-1,2-diphenylethylamine (Ephenidine); and(32)1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one (Brorphine). Source: SL 1970, ch 229,  8(a)(1); SDCL Supp,  39-17-56; SL 1977, ch 315,  2; SL 1981, ch 261,  4; SL 1987, ch 255,  1; SL 1988, ch 282,  1; SL 2016, ch 175,  2, eff. Feb. 18, 2016; SL 2017, ch 156,  1, eff. Feb. 3, 2017; SL 2018, ch 203,  2, eff. Feb. 8, 2018; SL 2019, ch 148,  2, eff. Feb. 19, 2019; SL 2020, ch 144,  1, eff. Mar. 9, 2020; SL 2021, ch 144,  2, eff. Feb. 17, 2021.
34-20B-14. Hallucinogenic substances included in Schedule I.Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, is included in Schedule I, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:(1)Bufotenine;(2)Diethyltryptamine (DET);(3)Dimethyltryptamine (DMT);(4)5-methoxy-N, N-Dimethyltryptamine (5-MeO-DMT);(5)5-methoxy-3, 4-methylenedioxy amphetamine;(6)4-bromo-2, 5-dimethoxyamphetamine;(7)4-methoxyamphetamine;(8)4-methoxymethamphetamine;(9)4-methyl-2, 5-dimethoxyamphetamine;(10)Hashish and hash oil;(11)Ibogaine;(12)Lysergic acid diethylamide;(13)Mescaline;(14)N-ethyl-3-piperidyl benzilate;(15)N-methyl-3-piperidyl benzilate;(16)1-(-(2-thienyl)cyclohexyl) piperidine (TCP);(17)Peyote, except that when used as a sacramental in services of the Native American church in a natural state which is unaltered except for drying or curing and cutting or slicing, it is hereby excepted;(18)Psilocybin;(19)Psilocyn;(20)Tetrahydrocannabinol, other than that which occurs in industrial hemp as defined in 38-35-1 or marijuana in its natural and unaltered state, including any compound, except nabilone or compounds listed under a different schedule, structurally derived from 6,6 dimethyl-benzo[c]chromene by substitution at the 3-position with either alkyl (C3 to C8), methyl cycloalkyl, or adamantyl groups, whether or not the compound is further modified in any of the following ways:(a)By partial to complete saturation of the C-ring; or(b)By substitution at the 1-position with a hydroxyl or methoxy group; or(c)By substitution at the 9-position with a hydroxyl, methyl, or methylhydoxyl group; or(d)By modification of the possible 3-alkyl group with a 1,1 dimethyl moiety, a 1,1 cyclic moiety, an internal methylene group, an internal acetylene group, or a terminal halide, cyano, azido, or dimethylcarboxamido group.Some trade and other names: JWH-051; JWH-057; JWH-133; JWH-359; HHC; AM-087; AM-411; AM-855, AM-905; AM-906; AM-2389; HU-210; HU-211; HU-243; HU-336;(21)3, 4, 5-trimethoxy amphetamine;(22)3, 4-methylenedioxy amphetamine;(23)3-methoxyamphetamine;(24)2, 5-dimethoxyamphetamine;(25)2-methoxyamphetamine;(26)2-methoxymethamphetamine;(27)3-methoxymethamphetamine;(28)Phencyclidine;(29)3, 4-methylenedioxymethamphetamine (MDMA);(30)3, 4-methylenedioxy-N-ethylamphetamine;(31)N-hydroxy-3, 4-methylenedioxyamphetamine;(32)4-methylaminorex (also known as 2-Amino-4-methyl/x-5-phenyl-2-oxazoline);(33)2,5 Dimethoxy-4-ethylamphetamine;(34)N,N-Dimethylamphetamine;(35)1-(1-(2-thienyl)cyclohexyl)pyrrolidine;(36)Aminorex;(37)4,4'-Dimethylaminorex (4,4'-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine; 4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine);(38)Cathinone and other variations, defined as any compound, material, mixture, preparation or other product unless listed in another schedule or an approved FDA drug (e.g. buproprion, pyrovalerone), structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:(a)By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substitutents;(b)By substitution at the 3-position with an acyclic alkyl substituent;(c)By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups or by inclusion of the 2-amino nitrogen atom in a cyclic structure.Some trade or other names: methcathinone, 4-methyl-N-methylcathinone (mephedrone); 3,4-methylenedioxy-N-methylcathinone (methylone); 3,4-methylenedioxypyrovalerone (MDPV); Naphthylpyrovalerone (naphyrone); 4-flouromethcathinone (flephedrone); 4-methoxymethcathinone (methedrone; Bk-PMMA); Ethcathinone (N-Ethylcathinone); 3,4-methylenedioxyethcathinone (ethylone); Beta-keto-N-methyl-3,4-benzodioxyolybutanamine (butylone); N,N-dimethylcathinone (metamfepramone); Alpha-pyrrolidinopropiophenone (alpha-PPP); 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP); 3,4-methylenedioxyalphapyrrolidinopropiophenone (MDPPP); Alpha-pyrrolidinovalerophenone (alpha-PVP); 3-fluoromethcathinone; 4-Methyl-alpha-pyrrolidinobutiophenone (MPBP); Methyl-a-pyrrolindinopropiophenone (MPPP); Methyl-a-pyrrolidino-hexanophenone (MPHP); Buphedrone; Methyl-N-ethylcathinone; Pentedrone; Dimethylmethcathinone (DMMC); Dimethylethcathinone (DMEC); Methylenedioxymethcathinone (MDMC); Pentylone; Ethylethcathinone; Ethylmethcathinone; Fluoroethcathinone; methyl-alpha-pyrrolidinobutiophenone (MPBP); Methylecathinone (MEC); Methylenedioxy-alpha-pyrrolidinobutiophenone (MDPBP); Methoxymethcathinone (MOMC); Methylbuphedrone (MBP); Benzedrone (4-MBC); Dibutylone (DMBDB); Dimethylone (MDDMA); Diethylcathinone; Eutylone (EBDB); N-ethyl-N-Methylcathinone; N-ethylbuphedrone, 1-(1,3-benzodioxol-5-yl)2-(ethylamino)pentan-1-one (N-Ethylpentylone); 4'-Methyl-alpha-pyrrolidinopropiophenone (4-MEPPP, MPPP or MaPPP); alpha-Pyrrolidinobutiophenone (a;PBP); 1-(1,3-benzodioxol-5-yl)-2-(tert-butylamino)propan-1-one (Tertylone); 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)hexan-1-one (N-ethyl Hexylone); 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pntan-1-one (Pentylone);(39)2,5-Dimethoxy-4-ethylamphetamine (DOET);(40)Alpha-ethyltryptamine;(41)4-Bromo-2,5-dimethoxy phenethylamine;(42)2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7);(43)1-(3-trifluoromethylphenyl) piperazine (TFMPP);(44)Alpha-methyltryptamine (AMT);(45)5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);(46)5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);(47)Synthetic cannabinoids. Any material, compound, mixture, or preparation that is not listed as a controlled substance in another schedule, is not an FDA-approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, modifications of the indole ring by nitrogen heterocyclic analog substitution or nitrogen heterocyclic analog substitution of the phenyl, benzyl, naphthyl, adamantly, cyclopropyl, cumyl, or propionaldehyde structure, and salts of isomers, homologues, and modifications, unless specifically excepted, whenever the existence of these salts, isomers, homologues, modifications, and salts of isomers, homologues, and modifications is possible within the specific chemical designation:(a)Naphthoylindoles. Any compound containing a 2-(1- naphthoyl)indole or 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinhyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.Some trade or other names: JWH-015; 1-pentyl-3-(1-naphthoyl)indole (JWH-018); 1-hexyl-3-(1-naphthoyl)indole (JWH-019); 1-butyl-3-(1-naphthoyl)indole (JWH-073); 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); JWH-210; JWH-398; 1-pentyl-3-(1-naphthoyl)indole (AM-678); 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201); WIN 55-212; JWH-004; JWH-007; JWH-009; JWH-011; JWH-016; JWH-020; JWH-022; JWH-046; JWH-047; JWH-048; JWH-049; JWH-050; JWH-070; JWH-071; JWH-072; JWH-076; JWH-079; JWH-080; JWH-082; JWH-094; JWH-096; JWH-098; JWH-116; JWH-120; JWH-148; JWH-149; JWH-164; JWH-166; JWH-180; JWH-181; JWH-182; JWH-189; JWH-193; JWH-198; JWH-211; JWH-212; JWH-213; JWH-234; JWH-235; JWH-236; JWH-239; JWH-240; JWH-241; JWH-258; JWH-262; JWH-386; JWH-387; JWH-394; JWH-395; JWH-397; JWH-399; JWH-400; JWH-412; JWH-413; JWH-414; JWH-415; JWH-424; AM-678; AM-1220; AM-1221; AM-1235; AM-2232, THJ-2201;(b)Naphthylmethylindoles. Any compound containing a 1H-indol-2-yl-(1-naphthyl)methane or 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.Some trade or other names: JWH-175; JWH-184; JWH-185; JWH-192; JWH-194; JWH-195; JWH-196; JWH-197; JWH-199;(c)Phenylacetylindoles. Any compound containing a 2-phenylacetylindole or 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.Some trade or other names: 1-cyc lohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18); 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8); 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203); JWH-167; JWH-201; JWH-202; JWH-204; JWH-205; JWH-206; JWH-207; JWH-208; JWH-209; JWH-237; JWH-248; JWH-249; JWH-251; JWH-253; JWH-302; JWH-303; JWH-304; JWH-305; JWH-306; JWH-311; JWH-312; JWH-313; JWH-314; JWH-315; JWH-316; Cannabipiperidiethanone;(d)Benzoylindoles. Any compound containing a 2-(benzoyl)indole or 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.Some trade or other names: 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19); Pravadoline (WIN 48,098); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (RCS-4); AM-630; AM-661; AM-2233; AM-1241;(e)Naphthoylpyrroles. Any compound containing a 2-(1-naphthoyl)pyrrole or 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the pyrrole ring to any extent and whether or not substituted on the naphthyl ring to any extent.Some trade or other names: JWH-307; JWH-030; JWH-031; JWH-145; JWH-146; JWH-147; JWH-150; JWH-156; JWH-242; JWH-243; JWH-244; JWH-245; JWH-246; JWH-292; JWH-293; JWH-308; JWH-309; JWH-346; JWH-348; JWH-363; JWH-364; JWH-365; JWH-367; JWH-368; JWH-369; JWH-370; JWH-371; JWH-373; JWH-392;(f)Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indene ring to any extent and whether or not substituted on the naphthyl ring to any extent.Some trade or other names: JWH-171; JWH-176; JWH-220;(g)Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not substituted on the cyclohexyl ring to any extent.Some trade or other names: 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47, 497 and homologues, which includes C8); cannabicyclohexanol; CP-55,490; CP-55,940; CP-56,667;(h)(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade or other names: HU-210;(i)2,3-Dihydro-5-methyl-3-(4-m orpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenyl. Some trade or other names: WIN 55, 212-2;(j)Substituted Acetylindoles. Any compound containing a 2-acetyl indole or 3-acetyl indole structure substituted at the acetyl by replacement of the methyl group with a tetramethylcyclopropyl, adamantyl, benzyl, cumyl, or propionaldehyde substituent whether or not further substituted on the tetramethylcyclopropyl, adamantyl, benzyl, cumyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.Some trade and or names: (1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); (1-(5-fluoropentyl)indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (XLR-11); (1-(2-morpholin-4-ylethyl)-1H-indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (A-796,260); 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole (AM-1248); 1-Pentyl-3-(1-adamantoyl)indole (AB-001 and JWH-018 adamantyl analog); AM-679;(k)Substituted Carboxamide Indole. Any compound containing a 2-carboxamide indole or 3-carboxamide indole structure substituted at the nitrogen of the carboxamide with a tetramethylcyclopropyl, naphthyl, adamantyl, cumyl, phenyl, or propionaldehyde substituent, whether or not further substituted on the tetramethylcyclopropyl, adamantyl, cumyl, naphthyl, phenyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.Some trade and other names: JWH-018 adamantyl carboxamide; STS-135; MN-18; 5-Fluoro-MN-18, 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide (5F-CUMYL-P7AICA) ; N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5F-APINACA); methyl (2R)-2-[[1-(5-fluoropentyl)indazole-3-carbonyl]amino]-3,3-dimethylbutanoate (5F-ADB); N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (AB-CHMINACA); 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (4-CN-CUMYL-BUTINACA); N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (ADB-CHMINACA or MAB-CHMINACA); methyl (2S)-2-[[1-[4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-FUBINACA); methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (MMB-CHMICA); methyl (2S)-2-[[1-[4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate (AMB-FUBINACA); Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (5F-AMB); methyl 2-(1-(5-fluoropentyl-1Hindole-3-carboxamido)-3,3-dimethylbutaoate (5F-MDMB-PICA); methyl (S)-3,3-dimethyl-2-[(1-(pent-4-enlindazole-3-carbonyl)amino]butanoate (MDMB-4en-PINACA); methyl 2-(1-(4-fluorobutyl)-1H-indazole-3carboxamido)-3,3-dimethylbutanoate (4F-MDMB-BUTINACA);(l)Substituted Carboxylic Acid Indole. Any compound containing a 1H-indole-2-carboxylic acid or 1H-indole-3-carboxylic acid substituted at the hydroxyl group of the carboxylic acid with a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, quinolinyl, isquinolinyl, cumyl, or propionaldehyde substituent whether or not further substituted on the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, cumyl, quinolinyl, isquinolinyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group whether or not further substituted on the indole ring to any extent.Some trade and other names: Naphthalen-1-yl 1-(5-fluoropntyl)-1H-indole-3-carboxylate (NM2201);(48)6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI);(49)2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);(50)2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);(51)2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);(52)2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);(53)2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);(54)2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);(55)2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);(56)2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);(57)2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);(58)Substituted phenethylamine. Any compound, unless specifically exempt, listed as a controlled substance in another schedule or an approved FDA drug, structurally derived from phenylethan-2-amine by substitution on the phenyl ring in any of the following ways, that is to say--by substitution with a fused methylenedioxy, fused furan, or fused tetrahydrofuran ring system; by substitution with two alkoxy groups; by substitution with one alkoxy and either one fused furan, tetrahydrofuran, or tetrahydropyran ring system; by substitution with two fused ring systems from any combination of the furan, tetrahydrofuran, or tetrahydropyran ring systems; whether or not the compound is further modified in any of the following ways:(a)By substitution on the phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups;(b)By substitution on the 2-position by any alkyl groups; or(c)By substitution on the 2-amino nitrogen atom with acetyl, alkyl, dialkyl, benzyl, methoxybenzyl, or hydroxybenzyl groups.Some trade and other names: 2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine (2C-T or 4-methylthio-2,5-dimethoxyphenethylamine); 1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine (DOI or 2, 5-Dimethoxy-4-iodoamphetamine); 1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane (DOB or 2,5-Dimethoxy-4-bromoamphetamine); 1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine (DOC or 2,5-Dimethoxy-4-chloroamphetamine); 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-B-NBOMe; 25B-NBOMe or 2,5-Dimethoxy-4-bromo-N-(2-methoxybenzyl)phenethylamine); 2-4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-I-NBOMe; 25I-NBOMe or 2,5-Dimethoxy-4-iodo-N-(2-methoxybenzyl)phenethylamine); N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxypheny (Mescaline-NBOMe or 3,4,5-trimethoxy-(2-methoxybenzyl)phenethylamine); 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-C-NBOMe; 25C-NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)phenethylamine); 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine (2CB-5-hemiFLY); 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (2C-B-FLY); 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5-yl)ethanamine (2C-B-butterFLY); -(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5-b]difuran-4-yl)-2-aminoethane (2C-B-FLY-NBOMe); 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (bromo-benzodifuranyl-isopropylamine or bromo-dragonFLY); -(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine (2C-I-NBOH or 25I-NBOH); 5-(2-Aminoprpyl)benzofuran (5-APB); 6(2-Aminopropyl)benzofuran (6-APB); 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); 6-(2-Aminopropyl)-2,3,-dihydrobenzofuran (6-APDB);(59)Substituted tryptamines. Any compound, unless specifically exempt, listed as a controlled substance in another schedule or an approved FDA drug, structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e, tryptamine) by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha-position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups.Some trade and other names: 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT or O-Acetylpsilocin); 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET); 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DIPT); 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);(60)Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone (CB-13);(61)N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide (AKB 48);(62)1-(4-Fluorophenyl)piperazine (pFPP);(63)1-(3-Chlorophenyl)piperazine (mCPP);(64)1-(4-Methoxyphenyl)piperazine (pMeOPP);(65)1,4-Dibenzylpiperazine (DBP);(66)Isopentedrone;(67)Fluoromethamphetamine;(68)Fluoroamphetamine;(69)Fluorococaine;(70)1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);(71)1-(5-fluoropentyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid (5 Fluoro-PB-22);(72)N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB-PINACA);(73)N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5 Fluoro-AB-PINACA);(74)N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA);(75)N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-carboxamide (ADB-PINACA (ADBICA));(76)N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide (5 Fluoro-ADB-PINACA (5 Fluoro-ADBICA));(77)N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (ADB-FUBINACA); and(78)N-(1-carbamoyl-2-methyl-propyl)-2-(5-fluoropentyl)-5-(4-fluorophenyl)pyrazole-3-carboxamide (5-Fluoro-3,5-AB-PFUPPYCA). Source: SL 1970, ch 229, 8(a)(1); SDCL Supp, 39-17-57; SL 1973, ch 259; SL 1976, ch 158, 42-12, 42-13; SL 1977, ch 315, 3; SL 1979, ch 238, 1; SL 1987, ch 255, 2; SL 1988, ch 282, 2; SL 1989, ch 293, 2; SL 1990, ch 270, 1; SL 1993, ch 247, 1; SL 1994, ch 278, 2; SL 2003, ch 183, 2; SL 2004, ch 230, 1; SL 2011, ch 160, 1, eff. Feb. 24, 2011; SL 2012, ch 183, 1, eff. Feb. 23, 2012; SL 2013, ch 156, 4, eff. Mar. 6, 2013; SL 2014, ch 165, 1, eff. Feb. 10, 2014; SL 2015, ch 180, 1, eff. Feb. 18, 2015; SL 2019, ch 148, 3, eff. Feb. 19, 2019; SL 2020, ch 176, 24, eff. Mar. 27, 2020; SL 2021, ch 144, 3, eff. Feb. 17, 2021; SL 2022, ch 109, 2, eff. Feb. 9, 2022.
34-20B-15. Criteria for inclusion of substances in Schedule II.To be included within Schedule II, a substance shall have:(1)A high potential for abuse,(2)Currently accepted medical use in the United States, or currently accepted medical use with severe restrictions, and(3)Abuse which may lead to severe psychic or physical dependence. Source: SL 1970, ch 229, 8 (b); SDCL Supp, 39-17-58; SL 1976, ch 158, 42-14.
34-20B-16. Substances included in Schedule II.Any of the following substances, including their salts, isomers, and salts of isomers, is included in Schedule II except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:(1)Opium (except when it meets the requirements of subdivision 34-20B-23(7) or 34-20B-26(5)), coca leaves, and opiate;(2)Any salt, compound, derivative, or preparation of opium, coca leaves (including cocaine), or opiate, excluding apomorphine, dextrorphan, naloxone, naloxegol, naldemedine, nalbuphine, nalmefene, naltrexone, 6-naltrexol, and samidorphan;(3)Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivisions (1) and (2), except that these substances may not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; and may not include the isoquinoline alkaloids of opium;(4)Opium poppy and poppy straw;(5)Amphetamine;(6)Methamphetamine;(7)Amobarbital;(8)Pentobarbital;(9)Secobarbital;(10)Methylphenidate;(11)Phenmetrazine;(12)Etorphine;(13)Diprenorphine;(14)Deleted by SL 2000, ch 170, 1;(15)Nabilone;(16)Glutethimide;(17)Phencyclidine immediate precursors:(a)1-phenylcyclohexylamine;(b)1-piperidinocyclohexanecarbonitrile (PCC);(18)Lisdexamfetamine, its salts, isomers, and salts of its isomers;(19)Tapentadol; and(20)Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the United States Food and Drug Administration. Source: SL 1970, ch 229, 8 (b) (1); SDCL Supp, 39-17-59; SL 1977, ch 315, 4; SL 1978, ch 249, 1; SL 1981, ch 13, 9; SL 1981, ch 261, 1; SL 1985, ch 278, 51; SL 1986, ch 284; SL 1987, ch 255, 3; SL 1992, ch 245, 1; SL 1993, ch 247, 2; SL 2000, ch 170, 1; SL 2008, ch 170, 1, eff. Feb. 13, 2008; SL 2010, ch 174, 2, eff. Feb. 24, 2010; SL 2012, ch 183, 2, eff. Feb. 23, 2012; SL 2015, ch 180, 2, eff. Feb. 18, 2015; SL 2016, ch 175, 3, eff. Feb. 18, 2016; SL 2018, ch 203, 3, eff. Feb. 8, 2018; SL 2021, ch 144, 4, eff. Feb. 17, 2021; SL 2022, ch 109, 3, eff. Feb. 9, 2022.
34-20B-17. Opiates included in Schedule II. 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.
34-20B-18. Criteria for inclusion of substances in Schedule III.To be included within Schedule III, a substance shall have:(1)A potential for abuse less than the substances listed in Schedules I and II;(2)Well documented and approved medical use in the United States; and(3)Abuse which may lead to moderate or low physical dependence or high psychological dependence. Source: SL 1970, ch 229, 8 (c); SDCL Supp, 39-17-61; SL 1976, ch 158, 42-15.
34-20B-19.1. Ephedrine defined.For the purposes of 34-20B-19, the term, ephedrine includes ephedra, herbs and herbal products that contain ephedrine alkaloids, including ma huang, Chinese ephedra, ephedra sinica, ephedra herb powder, epitonin, or any extract of those substances, but the term does not include any drug that contains ephedrine and is lawfully sold, transferred, or furnished over the counter with or without a prescription pursuant to 34-20B-21. Source: SL 2004, ch 231, 1.
34-20B-19. Stimulants specifically included in Schedule III.Any material, compound, mixture, or preparation is included in Schedule III which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:(1)Benzphetamine;(2)Chlorphentermine;(3)Phendimetrazine;(4)Ephedrine. Source: SL 1970, ch 229, 8 (c); SDCL Supp, 39-17-62; SL 1977, ch 315, 5; SL 1993, ch 247, 3; SL 1995, ch 195, 1; SL 1997, ch 202, 1.
34-20B-2. Drug defined.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.
34-20B-20.1. Gamma hydroxyl butyrate defined.For the purposes of 34-20B-20, the term, gamma hydroxyl butyrate, includes gamma-butyrolactone, 1,4-butanediol or any other substances which convert to gamma hydroxyl butyrate upon ingestion. However, the term does not include any product which is lawfully used for mechanical, industrial, manufacturing, or scientific purposes. Source: SL 2006, ch 180, 1.
34-20B-20. Depressants specifically included in Schedule III.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.
34-20B-21. Exception from Schedule III of stimulants and depressants used in medicinal preparations.The department may by rules promulgated pursuant to chapter 1-26 except any compound, mixture, or preparation containing any stimulant, depressant substance, or anabolic steroid listed in 34-20B-19, 34-20B-20, and 34-20B-22 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant, depressant, or anabolic steroid effect. Such admixtures shall be included therein in such combinations, quantity, proportion, or concentration as to vitiate the potential for abuse of the substances which do have a stimulant, depressant, or anabolic steroid effect. Source: SL 1970, ch 229, 8 (c); SDCL Supp, 39-17-64; SL 1993, ch 247, 5; SL 1997, ch 202, 2.
34-20B-22. Specific substances included in Schedule III.The following are included in Schedule III:(1)Nalorphine;(2)Preparations which contain both Tiletamine and Zolazepam;(3)Anabolic steroids as listed in 34-20B-4.1;(4)Ketamine. Source: SL 1970, ch 229, 8 (c); SDCL Supp, 39-17-65; SL 1971, ch 224, 1, 2; SL 1988, ch 282, 3; SL 1992, ch 245, 5; SL 1993, ch 247, 6; SL 2000, ch 170, 3.
34-20B-23. Narcotics specifically included in Schedule III.Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or any salts thereof is included in Schedule III:(1)Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of isoquinoline alkaloid of opium;(2)Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;(3)Deleted by SL 2015, ch 180, 4;(4)Deleted by SL 2015, ch 180, 4;(5)Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;(6)Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;(7)Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts; and(8)Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts. Source: SL 1970, ch 229, 8 (c); SDCL Supp, 39-17-66; SL 2015, ch 180, 4, eff. Feb. 18, 2015.
34-20B-24. Criteria for inclusion of substances in Schedule IV.To be included within Schedule IV, a substance shall have:(1)A low potential for abuse relative to the substances listed in Schedule III;(2)Currently accepted medical use in the United States; and(3)Limited physical dependence or psychological dependence liability or potential, or both, relative to the substances listed in Schedule III. Source: SL 1970, ch 229, 8 (d); SDCL Supp, 39-17-67; SL 1976, ch 158, 42-16.
34-20B-25. Substances included in Schedule IV.The following are included in Schedule IV:(1)Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clindinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens);(2)Clonazepam;(3)Clorazepate;(4)Diazepam;(5)Flunitrazepam;(6)Flurazepam;(7)Mebutamate;(8)Oxazepam;(9)Prazepam;(10)Lorazepam;(11)Triazolam;(12)Any substance which contains any quantity of a benzodiazepine, or salt of benzodiazepine, except substances which are specifically listed in other schedules;(13)Alprazolam;(14)Midazolam;(15)Temazepam;(16)Cathine;(17)Fencamfamine;(18)Fenproporex;(19)Mefenorex;(20)Pyrovalerone;(21)Propoxyphene;(22)Pentazocine;(23)Diethylpropion;(24)Ethchlorvynol;(25)Ethinamate;(26)Fenfluramine;(27)Mazindol;(28)Mephobarbital;(29)Methohexitol;(30)Paraldehyde;(31)Pemoline;(32)Petrichloral;(33)Phentermine;(34)Barbital;(35)Phenobarbital;(36)Meprobamate;(37)Zolpidem;(38)Butorphanol;(39)Modafinil, including its salts, isomers, and salts of isomers;(40)Sibutramine;(41)Zaleplon;(42)Dichloralphenazone;(43)Zopiclone (also known as eszopiclone), including its salts, isomers, and salts of isomers;(44)Pregabalin;(45)Lacosamide;(46)Fospropofol, including its salts, isomers, and salts of isomers;(47)Clobazam;(48)Carisoprodol, including its salts, isomers, and salts of isomers;(49)Ezogabine,[-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester], including its salts, isomers, and salts of isomers;(50)Lorcaserin, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;(51)Alfaxalone, 5[alpha]-pregnan-3[alpha]-ol-11,20-dione, including its salts, isomers, and salts of isomers;(52)Tramadol, 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers;(53)Suvorexant, including its salts, isomers, and salts of isomers;(54)Eluxadoline,(5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) including its optical isomers and its salts, isomers, and salts of isomers;(55)Brivaracetam;(56)Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, beta-amino-, carbamate (ester)), including its salts, isomers, and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible;(57)Brexanolone, (3[alpha]-hydroxy-5[alpha]-pregnan-20-one), including its salts, isomers, and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible;(58)Cenobamate ([(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate; 2H-tetrazole-2-ethanol, alpha-(2-chlorophenyl)-, carbamate (ester), (alphaR)-; carbamic acid (R)-(+)-1-(2-chlorophenyl)-2-(2H-tetrazol-2-yl)ethyl ester);(59)Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl)-benzamide];(60)Lemborexant, including its salts, isomers, and salts of isomers;(61)Remimazolam, and(62)Serdexmethylphenidate. Source: SL 1977, ch 315, 6; SL 1978, ch 249, 2, 3; SL 1980, ch 240, 2; SL 1981, ch 261, 3; SL 1985, ch 278, 53; SL 1987, ch 255; SL 1989, ch 293, 4; SL 1990, ch 270, 2; SL 1992, ch 245, 3; SL 1993, ch 247, 7; SL 1994, ch 278, 4; SL 1995, ch 191, 2; SL 1999, ch 174, 2; SL 2000, ch 170, 4; SL 2002, ch 167, 2; SL 2003, ch 183, 4; SL 2006, ch 179, 2, eff. Feb. 9, 2006; SL 2010, ch 174, 3, eff. Feb. 24, 2010; SL 2012, ch 183, 3, eff. Feb. 23, 2012; SL 2013, ch 156, 5, eff. Mar. 6, 2013; SL 2015, ch 180, 5, eff. Feb. 18, 2015; SL 2016, ch 175, 4, eff. Feb. 18, 2016; SL 2017, ch 156, 3, eff. Feb. 3, 2017; SL 2017, ch 155, 2; SL 2019, ch 148, 4, eff. Feb. 19, 2019; SL 2020, ch 144, 3, eff. Mar. 9, 2020; SL 2021, ch 144, 6, eff. Feb. 17, 2021; SL 2022, ch 109, 4, eff. Feb. 9, 2022.
34-20B-26. Narcotic compounds specifically included in Schedule IV.Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs is included in Schedule IV which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:(1)Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;(2)Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;(3)Not more than 50 milligrams of ethylmorphine per 100 milliliters or per 100 grams;(4)Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;(5)Not more than 100 milligrams of opium per 100 milliliters or per 100 grams, or not more than 5 milligrams per dosage unit; and(6)Not more than 1 milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit. Source: SL 1970, ch 229, 8 (d) (1); SDCL Supp, 39-17-68; SL 1980, ch 240, 3; SL 1981, ch 261, 2; SL 1990, ch 270, 3; SL 2015, ch 180, 6, eff. Feb. 18, 2015.
34-20B-27. Recommendations for addition, deletion, or rescheduling of scheduled substances.The department shall make recommendations to the Legislature that a substance be added, deleted, or rescheduled when the department determines that such substance has a different potential for abuse. Source: SL 1970, ch 229, 7 (a); SDCL Supp, 39-17-69; 9SL 1976, ch 158, 42-17.
34-20B-28.1. Definition of terms applicable to code imprinted drugs.Terms used in 34-20B-28.2 to 34-20B-28.6, inclusive, unless the context plainly otherwise requires, mean:(1)"Code imprint," a series of letters or numbers assigned by the manufacturer or distributor to a specific drug, or marks or monograms unique to the manufacturer or distributor of the drug, or both;(2)"Distributor," a person who distributes for resale a drug in solid dosage form under his own label even though he is not the actual manufacturer of the drug;(3)"Legend drug," any drug defined by section 503(b) of the Federal Food, Drug and Cosmetic Act, as amended on January 15, 1980, and under which definition its label is required to bear the statement "Caution: Federal law prohibits dispensing without prescription";(4)"Solid dosage form," capsules or tablets intended for oral use. Source: SL 1980, ch 241, 1.
34-20B-28.2. Code imprint required.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.
34-20B-28.3. Manufacturers' and distributors' identifying listings.All manufacturers and distributors of legend drugs in solid dosage form shall provide upon request to the Board of Pharmacy a listing of all such legend drugs identifying by code imprint the manufacturer and the specific type of drug. Such listing shall at all times be kept current by all manufacturers and distributors subject to 34-20B-28.1 to 34-20B-28.6, inclusive. Source: SL 1980, ch 241, 3.
34-20B-28.4. Exemptions--Granting on appropriate showing--Inclusion in listings.The Board of Pharmacy may grant exemptions from the requirements of 34-20B-28.1 to 34-20B-28.6, inclusive, upon application by any drug manufacturer or distributor showing size, physical characteristics, or other unique characteristics which render the application of a code imprint to a legend drug subject to 34-20B-28.1 to 34-20B-28.6, inclusive, impractical or impossible. Any such exemption granted by the board shall be included by the manufacturer or distributor in the listing required by 34-20B-28.3, describing the physical characteristics and type of drug to which the exemption relates. Source: SL 1980, ch 241, 4.
34-20B-28.5. Contraband--Seizure and forfeiture.All legend drugs in solid dosage form that are possessed, distributed, sold, or offered for sale in violation of the provisions of 34-20B-28.1 to 34-20B-28.6, inclusive, shall be deemed contraband and shall be seized by the Board of Pharmacy and summarily forfeited to the state. Source: SL 1980, ch 241, 5.
34-20B-28.6. Dispensing or sale without code imprint--Misdemeanor.It is a Class 2 misdemeanor for a person to dispense, sell or otherwise provide to any other person any legend drug in solid dosage form that fails to comply with 34-20B-28.1 to 34-20B-28.5, inclusive. Source: SL 1980, ch 241, 6.
34-20B-28. Substances not subject to control as precursors of precursors.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.
34-20B-29. Registration of prescribers, manufacturers, distributors, and dispensers of controlled drug or substance.Any person who prescribes, manufactures, distributes, or dispenses any controlled drug or substance within this state or who proposes to engage in the prescribing, manufacture, distribution, or dispensing of any controlled drug or substance within this state, shall obtain a registration issued by the department according to the rules promulgated under this chapter. Source: SL 1970, ch 229, 9 (a); SDCL Supp, 39-17-72; SL 1995, ch 191, 3; SL 2004, ch 229, 2.
34-20B-3.1. Controlled substance analogue.A controlled substance analogue shall be treated as a controlled substance in schedule I. Source: SL 2013, ch 156, 2, eff. Mar. 6, 2013.
34-20B-3. Controlled drug or substance defined.For the purposes of this chapter, unless the context otherwise requires, "controlled drug or substance" means a drug, substance, or immediate precursor in Schedules I through IV of 34-20B-11 to 34-20B-26, inclusive. Source: SL 1970, ch 229, 6 (e); SDL Supp, 39-17-46; SL 1976, ch 158, 42-10.
34-20B-30. Exemptions from annual registration requirements.The following persons shall not be required to register under the provisions of 34-20B-29:(1)An agent, or an employee thereof, of any manufacturer, distributor, or dispenser of any controlled drug or substance if such agent is acting in the usual course of his business or employment;(2)A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled drug or substance is in the usual course of his business or employment;(3)A person in possession of any controlled drug or substance pursuant to a lawful order of a practitioner. Source: SL 1970, ch 229, 9 (b); SDCL Supp, 39-17-73.
34-20B-32. Waiver of registration requirement by regulation.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.
34-20B-33. Registration of previously registered or licensed establishments.The department shall permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled drugs and substances prior to July 1, 1972, and who are registered or licensed by the state. Source: SL 1970, ch 229, 9 (i); SDCL Supp, 39-17-76.
34-20B-34. Separate registration required for each place of business or practice.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.
34-20B-35. Criteria for registration of manufacturers and distributors.The department shall register an applicant to manufacture and distribute controlled drugs and substances included in Schedules I through IV of 34-20B-11 to 34-20B-26, inclusive, unless it is determined that the issuance of such registration is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:(1)Maintenance of effective controls against diversion of particular controlled drugs and substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels;(2)Compliance with the applicable state and local law;(3)Prior conviction record of applicant under federal and state laws relating to the manufacture, distribution, or dispensing of such substances;(4)Past experience in the manufacture of controlled drugs and substances, and the existence in the establishment of effective controls against diversion; and(5)Such other factors as may be relevant to and consistent with the public health and safety. Source: SL 1970, ch 229, 9 (f); SDCL Supp, 39-17-78.
34-20B-36. Authorized Schedule I and II substances to be specified in manufacturer's or distributor's registration.Registration granted under 34-20B-29 shall not entitle a registrant to manufacture and distribute controlled drugs and substances in Schedules I and II other than those specified in the registration. Source: SL 1970, ch 229, 9 (g); SDCL Supp, 39-17-79.
34-20B-37. Practitioners registered to dispense Schedule II, III, and IV substances.Practitioners shall be registered to dispense substances in Schedules II through IV if they are authorized to dispense under the law of this state. Source: SL 1970, ch 229, 9 (h); SDCL Supp, 39-17-80.
34-20B-39. Inventories and records of controlled substances required of registrants.Each registrant manufacturing, distributing, or dispensing controlled drugs and substances in Schedules I, II, III, or IV shall maintain complete and accurate records of all stocks of such drugs and substances on hand. Records and inventories shall contain such information as shall be provided by rules and regulations promulgated by the department. All records required under this section shall be kept for a period of at least two years. This section shall not apply to practitioners who lawfully prescribe or administer, but not otherwise dispense, controlled drugs and substances listed in Schedules II, III, or IV of this chapter. Source: SL 1970, ch 229, 9 (j); SDCL Supp, 39-17-82.
34-20B-4.1. Anabolic steroid defined.An anabolic steroid is any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids, that promotes muscle growth and includes:(1)Androstanediol:(a)3,17-dihydroxy-5a-androstane;(b)3a,17-dihydroxy-5a-androstane;(2)Androstanedione (5a-androstan-3,17-dione);(3)Androstenediol:(a)1-androstenediol (3,17-dihydroxy-5a-androst-1-ene);(b)1-androstenediol (3a,17-dihydroxy-5a-androst-1-ene);(c)4-androstenediol (3,17-dihydroxy-androst-4-ene);(d)5-androstenediol (3,17-dihydroxy-androst-5-ene);(4)Androstenedione:(a)1-androstenedione ([5a]-androst-1-en-3,17-dione);(b)4-androstenedione (androst-4-en-3,17-dione);(c)5-androstenedione (androst-5-en-3,17-dione);(5)Bolasterone (7a,17a-dimethyl-17-hydroxyandrost-4-en-3-one);(6)Boldenone (17-hydroxyandrost-1,4,-diene-3-one);(7)Calusterone (7,17a-dimethyl-17-hydroxyandrost-4-en-3-one);(8)Clostebol (4-chloro-17-hydroxyandrost-4-en-3-one);(9)Dehydrochloromethyltestosterone (4-chloro-17-hydroxy-17a-methyl-androst-1,4-dien-3-one);(10)?1-dihydrotestosterone (a.k.a. "1-testosterone") (17-hydroxy-5a-androst-1-en-3-one);(11)4-dihydrotestosterone (17-hydroxy-androstan-3-one);(12)Drostanolone (17-hydroxy-2a-methyl-5a-androstan-3-one);(13)Ethylestrenol (17a-ethyl-17-hydroxyestr-4-ene);(14)Fluoxymesterone (9-fluoro-17a-methyl-11,17-dihydroxyandrost-4-en-3-one);(15)Formebolone (2-formyl-17a-methyl-11a,17-dihydroxyandrost-1,4-dien-3-one);(16)Furazabol (17a-methyl-17-hydroxyandrostano[2,3-c]- furazan);(17)13-ethyl-17a-hydroxygon-4-en-3-one;(18)4-hydroxytestosterone (4,17-dihydroxy-androst-4-en-3-one);(19)4-hydroxy-19-nortestosterone (4,17-dihydroxy-estr-4-en-3-one);(20)Mestanolone (17a-methyl-17-hydroxy-5a-androstan-3-one);(21)Mesterolone (1a-methyl-17-hydroxy-[5a]-androstan-3-one);(22)Methandienone (17a-methyl-17-hydroxyandrost-1,4-dien-3-one);(23)Methandriol (17a-methyl-3,17-dihydroxyandrost-5-ene);(24)Methenolone (1-methyl-17-hydroxy-5a-androst-1-en-3-one);(25)17a-methyl-3,17-dihydroxy-5a-androstane;(26)17a-methyl-3a,17-dihydroxy-5a-androstane;(27)17a-methyl-3,17-dihydroxyandrost-4-ene;(28)17a-methyl-4-hydroxynandrolone (17a-methyl-4-hydroxy-17-hydroxyestr-4-en-3-one);(29)Methyldienolone (17a-methyl-17-hydroxyestra-4,9(10)-dien-3-one);(30)Methyltrienolone (17a-methyl-17-hydroxyestra-4,9-11-trien-3-one);(31)Methyltestosterone (17a-methyl-17-hydroxyandrost-4-en-3-one);(32)Mibolerone (7a,17a-dimethyl-17- hydroxyestr-4-en-3-one);(33)17a-methyl-?1-dihydrotestosterone (17-hydroxy-17a-methyl-5a-androst-1-en-3-one) (also known as 17-a-methyl-1-testosterone);(34)Nandrolone (17-hydroxyestr-4-en-3-one);(35)Norandrostenediol:(a)19-nor-4-androstenediol (3,17-dihydroxyestr-4-ene); (b)19-nor-4-androstenediol (3a,17-dihydroxyestr-4-ene);(c)19-nor-5-androstenediol (3,17-dihydroxyestr-5-ene);(d)19-nor-5-androstenediol (3a,17-dihydroxyestr-5-ene);(36)Norandrostenedione:(a)19-nor-4-androstenedione (estr-4-en-3,17-dione);(b)19-nor-5-androstenedione (estr-5-en-3,17-dione);(37)Norbolethone (13,17a-diethyl-17-hydroxygon-4-en-3-one);(38)Norclostebol (4-chloro-17-hydroxyestr-4-en-3-one);(39)Norethandrolone (17a-ethyl-17-hydroxyestr-4-en-3-one);(40)Normethandrolone (17a-methyl-17-hydroxyestr-4-en-3-one);(41)Oxandrolone (17a-methyl-17-hydroxy-2-oxa-[5a]-androstan-3-one);(42)Oxymesterone (17a-methyl-4,17-dihydroxyandrost-4-en-3-one);(43)Oxymetholone (17a-methyl-2-hydroxymethylene-17-hydroxy-[5a]-androstan- 3-one);(44)Stanozolol (17a-methyl-17-hydroxy-[5a]-androst-2-eno[3,2-c]-pyrazole);(45)Stenbolone (17-hydroxy-2-methyl-[5a]-androst-1-en-3-one);(46)Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);(47)Testosterone (17-hydroxyandrost-4-en-3-one);(48)Tetrahydrogestrinone (13,17a-diethyl-17-hydroxygon-4,9,11-trien-3-one);(49)Trenbolone (17-hydroxyestr-4,9,11-trien-3-one);(50)Boldione (androsta-1,4-diene-3,17-dione);(51)Desoxymethyltestosterone (17a-methyl-5a-androst-2-en-17a-ol) (also known as madol);(52)19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);(53)Prostanozol (17-hydroxy-5a-androstano[3,2-c]pyrazole);(54)Methasterone (2a,17a-dimethyl-5a-androstan-17-ol-3-one);(55)5a-Androstan-3,6,17-trione;(56)6-bromo-androstan-3,17-dione;(57)6-bromo-androsta-1,4-diene-3,17-dione;(58)4-chloro-17a-methyl-androsta-1,4-diene-3,17-diol;(59)4-chloro-17a-methyl-androst-4-ene-3,17-diol; (60)4-chloro-17a-methyl-17-hydroxy-androst-4-en-3-one;(61)4-chloro-17a-methyl-17-hydroxy-androst-4-ene-3,11-dione;(62)4-chloro-17a-methyl-androsta-1,4-diene-3,17-diol;(63)2a,17a-dimethyl-17-hydroxy-5a-androstan-3-one;(64)2a,17a-dimethyl-17-hydroxy-5-androstan-3-one;(65)2a,3a-epithio-17a-methyl-5a-androstan-17-ol;(66)[3,2-c]-furazan-5a-androstan-17-ol;(67)3-hydroxy-estra-4,9,11-trien-17-one;(68)17a-methyl-androst-2-ene-3,17-diol;(69)17a-methyl-androsta-1,4-diene-3,17-diol;(70)Estra-4,9,11-triene-3,17-dione;(71)18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;(72)6a-Methyl-androst-4-ene-3,17-dione;(73)17a-Methyl-androstan-3-hydroxyimine-17-ol;(74)17a-Methyl-5a-androstan-17-ol;(75)17-Hydroxy-androstano[2,3-d]isoxazole;(76)17-Hydroxy-androstano[3,2-c]isoxazole;(77)4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5a-androstan-17-ol;(78)[3,2-c]pyrazole-androst-4-en-17-ol;(79)[3,2-c]pyrazole-5a-androstan-17-ol; and (80)Any salt, ester, or ether of a drug or substance described or listed in this section, if that salt, ester, or ether promotes muscle growth.The term, anabolic steroid, as defined in this section, does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species. However, if any person prescribes, dispenses, or distributes such a steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this section. Source: SL 1990, ch 269, 1; SL 1992, ch 245, 4; SL 2006, ch 179, 1, eff. Feb. 9, 2006; SL 2010, ch 174, 1, eff. Feb. 24, 2010; SL 2013, ch 156, 3, eff. Mar. 6, 2013; SL 2016, ch 175, 1, eff. Feb. 18, 2016.
34-20B-4. Precursor defined.For the purposes of this chapter, unless the context otherwise requires, "precursor" or "immediate precursor" means a substance which the department has found to be and by regulation designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled drug or substance, the control of which is necessary to prevent, curtail, or limit such manufacture. Source: SL 1970, ch 229, 6 (u); SDCL Supp, 39-17-47.
34-20B-40. Inspection of registrant's premises authorized.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.
34-20B-41. Promulgation of rules by department--Fees.The department may promulgate rules pursuant to chapter 1-26 relating to exclusions from uniform drug articles pursuant to subdivision 34-20B-2(1); the definition of precursors; exceptions from Schedule III of stimulants, depressants, and anabolic steroid-estrogen combinations in medicinal preparations; the registration of manufacturers, distributors, and dispensers; waivers of registration; the suspending, revoking, surrendering, transferring, and reinstating of registration; inventories and records of controlled substances establishing minimum standards for prescribing and dispensing practices, labeling and security requirements and the issuance of prescriptions as provided by this chapter and chapter 22-42; and the inspection of registered premises. The department may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled drugs and substances within this state. No fee may exceed one hundred fifty dollars. Source: SL 1970, ch 229, 9, 14; SDCL Supp, 39-17-87; SL 1980, ch 238, 2; SL 1993, ch 247, 8; SL 2004, ch 232, 1; SL 2009, ch 164, 4.
34-20B-42. Unauthorized manufacture or distribution by registrant prohibited--Civil fine--Knowing violation as felony.No person who is a registrant shall manufacture, distribute, or dispense a controlled drug or substance not authorized by his registration to another registrant or other authorized person. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 5 felony. Source: SL 1970, ch 229, 10 (d) (2); SDCL Supp, 39-17-98; SL 1977, ch 190, 397.
34-20B-43. Omission or removal of required symbol prohibited--Civil fine--Knowing violation as misdemeanor.No person shall omit, remove, alter, or obliterate a symbol required by this chapter. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 1 misdemeanor. Source: SL 1970, ch 229, 10 (d) (3); SDCL Supp, 39-17-99; SL 1976, ch 158, 42-18; SL 1977, ch 190, 398.
34-20B-44. Failure to keep or furnish required record or report prohibited--Civil fine--Knowing violation as felony.No person shall refuse or fail to make, keep, or furnish any record, report, notification, order form, statement, invoice, or information required under this chapter. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 6 felony. Source: SL 1970, ch 229, 10 (d) (4); SDCL Supp, 39-17-100; SL 1977, ch 190, 399.
34-20B-45. Civil fine for violation by manufacturer or distributor--Knowing violation as felony.Any person who violates any of 34-20B-42 to 34-20B-44, inclusive, is punishable by a civil fine of not more than ten thousand dollars. In addition, if the violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was committed knowingly such person is guilty of a Class 5 felony. Source: SL 1970, ch 229, 10 (d) (7); SDCL Supp, 39-17-103; SL 1977, ch 189, 119.
34-20B-46. Intentional distribution of Schedule I or II substance without order form as felony.It is a Class 5 felony for any person who is a registrant knowingly to distribute a controlled drug or substance classified in Schedules I or II, in the course of his legitimate business, except pursuant to an order form as required by this chapter. Source: SL 1970, ch 229, 10 (e) (1); SDCL Supp, 39-17-104; SL 1977, ch 189, 120; SL 1977, ch 190, 403.
34-20B-47. Intentional use of unauthorized registration number as felony.It is a Class 5 felony for any person knowingly to use in the course of the manufacture or distribution of a controlled drug or substance a registration number which is fictitious, revoked, suspended, or issued to another person. Source: SL 1970, ch 229, 10 (e) (2); SDCL Supp, 39-17-105; SL 1977, ch 189, 121; SL 1977, ch 190, 404.
34-20B-48. Intentional falsification or omission of material information as felony.It is a Class 5 felony for any person knowingly to furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter. Source: SL 1970, ch 229, 10 (e) (4); SDCL Supp, 39-17-107; SL 1977, ch 189, 122; SL 1977, ch 190, 406.
34-20B-49. Criminal penalties in addition to civil and administrative penalties.Any penalty imposed for violation of 34-20B-42 to 34-20B-48, inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. Source: SL 1970, ch 229, 10 (g); SDCL Supp, 39-17-112; SL 1977, ch 189, 123.
34-20B-51. Survival of right of action.In case of the death of either party, the right of action given in chapter 34-20C shall survive to or against such party's personal representative. Source: SL 1977, ch 316; SL 1997, ch 203, 15.
34-20B-52. Civil action for recovery from unlawful distributor--Limitation of actions.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.
34-20B-53. Minor's recovery payable to parent or conservator.All damages recovered by a minor under chapter 34-20C shall be paid to such minor or to the minor's parent or conservator as the court directs. Source: SL 1977, ch 316; SL 1993, ch 213, 228; SL 1997, ch 203, 20.
34-20B-54. Cooperation by department with federal and state agencies.The Department of Health shall, in addition to other powers and duties vested in it by this chapter or any other act, cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in drugs and substances. Source: SL 1970, ch 229, 5 (a); SDCL Supp, 39-17-115.
34-20B-55. Centralized statistical unit--Availability of information.The Department of Health shall cooperate with the federal drug enforcement administration by establishing a centralized unit which shall accept, catalogue, file, and collect statistics, and make such information available for federal, state, and local law enforcement purposes. Source: SL 1970, ch 229, 5 (d); SDCL Supp, 39-17-116; SL 1977, ch 190, 412; SL 1989, ch 293, 6.
34-20B-56. State agencies to cooperate with department.It shall be the duty of all departments, officers, agencies, and employees of the State of South Dakota to cooperate with the Department of Health in carrying out its functions under this chapter or any other act. Source: SL 1970, ch 229, 4; SDCL Supp, 39-17-117.
34-20B-57. Exchange of information between governmental officials.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.
34-20B-58. County and municipal funds authorized.The governing bodies of the several counties and municipalities in the state are hereby authorized to establish funds and make appropriations thereto for the purpose of enforcing the provisions of this chapter. Source: SL 1970, ch 229, 13; SDCL Supp, 39-17-119.
34-20B-59. Use of county and municipal funds to make illegal purchases.Funds established pursuant to 34-20B-58 may be expended confidentially for the purpose of making purchases and acquisitions of drugs and substances which are illegal under this chapter, when such purchases are necessary to obtaining convictions under this chapter. Source: SL 1970, ch 229, 13 (a); SDCL Supp, 39-17-120.
34-20B-60. Use of county and municipal funds to employ special agents.Funds established pursuant to 34-20B-58 may further be expended confidentially to employ special agents, pay their salaries and expenses, for the purpose of providing undercover assistance to local law enforcement officials in gathering evidence of violations of this chapter, making arrests thereunder, and obtaining convictions. Source: SL 1970, ch 229, 13 (b); SDCL Supp, 39-17-121.
34-20B-61. Law enforcement and cooperation by Division of Criminal Investigation and state's attorneys.It is hereby made the duty of the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, and of all state's attorneys, to enforce all provisions of this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to controlled drugs and substances. Source: SL 1970, ch 229, 11 (a); SDCL Supp, 39-17-122.
34-20B-62. Attorney general to enforce chapter.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.
34-20B-63. Special powers of agents of Division of Criminal Investigation.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.
34-20B-64. Drug control fund created--Administration by attorney general--Expenditures--Excess funds.There is hereby created in the state treasury a special revolving fund to be known as the "drug control fund," which shall be administered by the attorney general. The attorney general may authorize expenditure of moneys in the fund for purchase of controlled drugs and substances, as defined in this chapter, by authorized agents of the attorney general from unregistered dispensers and distributors. All disbursements from the fund shall be made on warrants drawn by the state auditor on vouchers approved by the attorney general. Any moneys in the fund in excess of two hundred fifty thousand dollars shall be available for distribution by the attorney general. Upon application by any local law enforcement agency, any drug law enforcement task force or the division of highway patrol, the attorney general may authorize release of any such available moneys in the fund for the purpose of assisting local law enforcement agencies in drug control and drug offender apprehension efforts. Source: SL 1976, ch 5, 1 to 3; SDCL Supp, 39-17-123.1; SL 1990, ch 271.
34-20B-67. Peace officers to cooperate with Division of Criminal Investigation.It is hereby made the duty of all peace officers within the state to cooperate with the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, and to carry out all lawful orders issued by the Division of Criminal Investigation, its officers, agents, inspectors, and representatives, relating to controlled drugs and substances. Source: SL 1970, ch 229, 11 (a) (1); SDCL Supp, 39-17-126.
34-20B-68. Trial court jurisdiction to enjoin violations.The trial courts of the state shall have jurisdiction in proceedings in accordance with the rules of these courts to enjoin violations of this chapter. Source: SL 1970, ch 229, 11 (d) (1); SDCL Supp, 39-17-127.
34-20B-69. Jury trial of violations of injunction.In case of an alleged violation of an injunction or restraining order issued under 34-20B-68, trial shall, upon demand of the accused, be by jury in accordance with the rules of the state courts. Source: SL 1970, ch 229, 11 (d) (2); SDCL Supp, 39-17-128.
34-20B-70. Property subject to forfeiture. The following are subject to forfeiture pursuant to chapter 23A-49 and no property right exists in them:(1)All controlled drugs and substances and marijuana which have been manufactured, distributed, dispensed, or acquired in violation of the provisions of this chapter or chapter 22-42;(2)All raw materials, products, and equipment of any kind which are used or intended for use, in manufacturing, compounding, or processing any controlled drug or substance or marijuana in excess of one-half pound in violation of the provisions of this chapter or chapter 22-42;(3)All property which is used, or intended for use, as a container for property described in subdivisions (1) and (2);(4)All conveyances including aircraft, vehicles, or vessels, which are used, or intended for use, to facilitate the unlawful distribution or possession with the intent to distribute marijuana in excess of one-half pound or any quantity of any other property described in subdivision (1) or (2);(5)All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter;(6)Any funds or other things of value used for the purposes of unlawfully purchasing, attempting to purchase, distributing, or attempting to distribute any controlled drug or substance in an amount intended for distribution and not for personal use, and marijuana in excess of one-half pound; or(7)Any assets, interest, profits, income, and proceeds acquired or derived from the unlawful purchase, attempted purchase, distribution, or attempted distribution of any controlled drug or substance in an amount intended for distribution and not for personal use, and marijuana in excess of one-half pound.Property described in subdivision (1) shall be deemed contraband and shall be summarily forfeited to the state, property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of 23A-49-14, and property described in subdivision (4) is subject to forfeiture under the terms of 23A-49-15. Source: SL 1970, ch 229, 11 (e) (1); SDCL Supp, 39-17-129; SL 1976, ch 158, 42-19, 42-20; SL 1977, ch 189, 125, 126; SL 1977, ch 317, 1 to 3; SL 1982, ch 262, 2; SL 1983, ch 255; SL 1985, ch 279, 1; SL 2016, ch 138, 21; SL 2021, ch 145,  1.
34-20B-81. Unlawful substances deemed contraband--Summary forfeiture.All property described in subdivision 34-20B-70(1) shall be deemed contraband and shall be summarily forfeited to the state. Controlled substances or marijuana which are seized or come into possession of the state, the owners of which are unknown, shall be deemed contraband and shall be summarily forfeited to the state. Source: SL 1977, ch 317, 6.
34-20B-82. Unauthorized Schedule I substances deemed contraband--Summary seizure and forfeiture.All substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of the provisions of this chapter shall be deemed contraband and seized and summarily forfeited to the state. Similarly, all substances listed in Schedule I, which are seized or come into the possession of the state, the owners of which are unknown, shall be deemed contraband and summarily forfeited to the state. Source: SL 1970, ch 229, 11 (e) (5); SDCL Supp, 39-17-138.
34-20B-83. Seizure and summary forfeiture of plant precursors of Schedule I and II substances--Failure to produce registration as authority.All species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state. The failure, upon demand by the chief agent or any peace officer at his direction, of the person in occupancy or in control of land or premises upon which such species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, shall constitute authority for the seizure and forfeiture. Source: SL 1970, ch 229, 11 (e) (6); SDCL Supp, 39-17-139.
34-20B-90. Burden of proof as to registration or order form.In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he shall be presumed not to be the holder of such registration or form, and the burden of proof shall be upon him to rebut such presumption. Source: SL 1970, ch 229, 11 (f) (2); SDCL Supp, 39-17-141.
34-20B-91. Enforcement officers exempt from liability.No liability shall be imposed by virtue of this chapter upon any duly authorized local, state, or federal officer engaged in the enforcement of this chapter, or who shall be engaged in the enforcement of any law or municipal ordinance relating to controlled drugs and substances. Source: SL 1970, ch 229, 11 (f) (3); SDCL Supp, 39-17-142.
34-20B-92. Judicial review of department's decisions--Findings of fact conclusive.All final determinations, findings, and conclusions of the department under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by such decision may obtain review of the decision in the circuit court. Findings of fact by the department, if supported by substantial evidence, shall be conclusive. Source: SL 1970, ch 229, 11 (g); SDCL Supp, 39-17-143.
34-20C-1. Definition of terms.Terms used in this chapter mean:(1)"Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I to IV, inclusive;(2)"Illegal drug," a controlled drug or substance or marijuana whose distribution is a violation of state law;(3)"Illegal drug market," the support system of illegal drug related operations, from manufacture to retail sales, through which an illegal drug reaches the user;(4)"Illegal drug market target community," the area described under 34-20C-11;(5)"Level 1 participation," possession of sixteen ounces or more or distribution of four ounces or more of a controlled drug or substance or possession of ten pounds or more or distribution of one pound or more of marijuana;(6)"Level 2 participation," possession of eight ounces or more, but less than sixteen ounces, or distribution of two ounces or more, but less than four ounces, of a controlled drug or substance or possession of one to ten pounds, or distribution of one-half pound but less than one pound, of marijuana;(7)"Level 3 participation," possession of four ounces or more, but less than eight ounces, or distribution of one ounce or more, but less than two ounces, of a controlled drug or substance, or possession of one-half pound but less than one pound, or distribution of more than one ounce but less than one-half pound of marijuana;(8)"Level 4 participation," possession of one-fourth ounce or more, but less than four ounces, or distribution of less than one ounce of a controlled drug or substance, or possession of less than one-half pound, or distribution of one ounce or less of marijuana;(9)"Participate in the illegal drug market," to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug. The term does not include the purchase or receipt of an illegal drug for personal use only;(10)"Period of illegal drug use," in relation to the individual drug user, the time of the user's first use of an illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence two years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence;(11)"Place of illegal drug activity," in relation to the individual drug user, each county in which the user possesses or uses an illegal drug or in which the user resides, attends school, or is employed during the period of the user's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence;(12)"Place of participation," in relation to a defendant in an action brought under this chapter, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market;(13)"User," the person whose illegal drug use is the basis of an action brought under this chapter. Source: SL 1997, ch 203, 2.
34-20C-10. Types of damages recoverable under 34-20C-8.Any person entitled to bring an action under 34-20C-8 may recover only the following damages:(1)Economic damages, including the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use;(2)Attorneys' fees; and(3)Disbursements. Source: SL 1997, ch 203, 11.
34-20C-11. Levels of participation in illegal drug market--Target communities.A person whose participation in the illegal drug market constitutes the following level of participation shall be considered to have the following illegal drug market target community:(1)For Level 4 participation, the county in which the defendant's place of participation is situated;(2)For Level 3 participation, the target community described in subdivision (1) plus all counties with a border contiguous to that target community; and(3)For Level 2 participation, the target community described in subdivision (2) plus all counties with a border contiguous to that target community;(4)For Level 1 participation, the state. Source: SL 1997, ch 203, 12.
34-20C-12. Joint actions.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.
34-20C-13. Comparative responsibility--Burden of proof.Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.The burden of proving the comparative responsibility of the plaintiff is on the defendant and shall be shown by clear and convincing evidence.Comparative responsibility may not be attributed to a plaintiff who is not a user. Source: SL 1997, ch 203, 14.
34-20C-14. Right of contribution.Any person subject to liability under this chapter has a right of action for contribution against another person subject to liability under this chapter. Contribution may be enforced either in the original action or by a separate action brought for that purpose. A plaintiff may seek recovery in accordance with this chapter against a person whom a defendant has asserted a right of contribution. Source: SL 1997, ch 203, 16.
34-20C-15. Proof of participation in illegal drug market.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.
34-20C-16. Prior conviction as prima facie evidence of participation in illegal drug market.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.
34-20C-17. Assets used to satisfy judgment.Any person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets. Source: SL 1997, ch 203, 19.
34-20C-18. Cause of action--Statute of limitations tolled.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.
34-20C-19. Action stayed during criminal investigation or prosecution.On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. Source: SL 1997, ch 203, 23.
34-20C-2. Liability for participation in drug market--Law enforcement agency participation.Any person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. Any law enforcement officer or agency or a person acting at the direction of a law enforcement officer or agency is not liable for participating in the illegal drug market if the participation is in furtherance of an official investigation. Source: SL 1997, ch 203, 3.
34-20C-3. Persons entitled to recover damages.Any person may recover damages under this chapter for injury resulting from another person's use of an illegal drug. Source: SL 1997, ch 203, 4.
34-20C-4. Persons entitled to bring action.Any of the following persons may bring an action for damages caused by another person's use of an illegal drug:(1)A parent, legal guardian, child, spouse, or sibling of the individual drug user;(2)Any person who was exposed to an illegal drug in utero;(3)An employer of the user;(4)A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the user or that otherwise expended money on behalf of the user;(5)Any person injured as a result of the willful, reckless, or negligent actions of a user. Source: SL 1997, ch 203, 5.
34-20C-5. Persons from whom damages recoverable.Any person entitled to bring an action under 34-20C-4 may seek damages from any of the following:(1)Any person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the user;(2)Any person who knowingly participated in the illegal drug market if:(a)The place of illegal drug activity by the user is within the illegal drug market target community of the defendant;(b)The defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the user; and(c)The defendant participated in the illegal drug market at any time during the user's period of illegal drug use. Source: SL 1997, ch 203, 6.
34-20C-6. Types of damages recoverable under 34-20C-4.Any person entitled to bring an action under 34-20C-4 may recover all of the following damages:(1)Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;(2)Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by a user's use of an illegal drug;(3)Exemplary damages;(4)Attorneys' fees; and(5)Disbursements. Source: SL 1997, ch 203, 7.
34-20C-7. Restrictions on action for damages.No user may bring an action for damages caused by the use of an illegal drug except as otherwise provided in 34-20C-8 to 34-20C-10, inclusive. Source: SL 1997, ch 203, 8.
34-20C-8. Conditions giving rise to cause of action.Any user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:(1)The user personally discloses to narcotics enforcement authorities, more than six months before filing the action, all of the information known to the user regarding all of that user's sources of illegal drugs;(2)The user has not used an illegal drug within the six months before filing the action; and(3)The user continues to remain free of the use of an illegal drug throughout the pendency of the action. Source: SL 1997, ch 203, 9.
34-20C-9. Actual use of drug required.Any user entitled to bring an action under 34-20C-8 may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the user. Source: SL 1997, ch 203, 10.
34-20D-1. Sale of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.No retailer may sell, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. For purposes of this chapter, the term, retailer, means any person who sells merchandise at retail and from whom original packages of nonprescription drugs are sold or taken to be sold at retail and who is licensed by the Board of Pharmacy to sell nonprescription drugs. This restriction does not apply to any sale made pursuant to a valid prescription drug order prescribed by a practitioner as defined in 36-11-2 with appropriate authority. Any retailer or any employee of a retailer who sells packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor. Source: SL 2005, ch 178, 1; SL 2006, ch 181, 1.
34-20D-10. Possession of product, mixture, or preparation containing ephedrine base, pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.No person may possess, receive, or otherwise acquire more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base in any product, mixture, or preparation within any thirty-day period. This restriction does not apply to any quantity of product, mixture, or preparation obtained pursuant to a valid prescription drug order prescribed by a practitioner as defined in 36-11-2 with appropriate authority.Possession of more than nine grams of a drug product containing more than nine grams of ephedrine base, pseudoephedrine base, or phenylpropanolamine base constitutes a rebuttable presumption of the intent to use the product as a precursor to methamphetamine or another controlled substance. This rebuttable presumption does not apply to:(1)A retail distributor of drug products;(2)A wholesale drug distributor, or its agents;(3)A manufacturer of drug products, or its agents;(4)A pharmacist licensed by the Board of Pharmacy; or(5)A licensed health care professional possessing the drug products in the course of carrying out the profession.Any violation of this section is a Class 1 misdemeanor. Source: SL 2006, ch 181, 8.
34-20D-11. Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor.The Office of the Attorney General may provide retailers of chemical products containing pseudoephedrine, ephedrine, or phenylpropanolamine access to a real-time electronic record-keeping system to enter into the record system any transaction required by 34-20D-8. The real-time electronic record-keeping system shall be maintained in a central repository and shall have the capability to calculate state and federal ephedrine base, pseudoephedrine base, and phenylpropanolamine base purchase limitations. The electronic record-keeping system shall include a record of all the information obtained under 34-20D-8 and the unique identification number, type, and state of issue. The Office of the Attorney General may contract with a private vendor to implement this section. A contractor shall comply with the confidentiality requirements of this chapter and is subject to sanctions for violation of confidentiality requirements, including termination of the contract. No cost may be assessed to the retailer associated with the implementation, access, continuation, or maintenance of the electronic record-keeping system. Source: SL 2014, ch 166, 2.
34-20D-12. Law enforcement access to electronic record-keeping system.The attorney general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter. Source: SL 2014, ch 166, 4.
34-20D-2. Purchase of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor.No person may purchase, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. This restriction does not apply to purchases made with a valid prescription drug order prescribed by a practitioner as defined in 36-11-2 with appropriate authority. Any person who purchases packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor. Source: SL 2005, ch 178, 2; SL 2006, ch 181, 2.
34-20D-3. Requirements for display and offer of product containing pseudoephedrine or ephedrine as active ingredient.Any retailer who offers for sale a product containing pseudoephedrine or ephedrine as an active ingredient shall display and offer the product for sale, except as otherwise provided, behind a counter where the public is not permitted or in a locked case so that a customer wanting access to the package must ask a store employee for assistance. The retailer may display or offer for sale without restriction a product containing pseudoephedrine or ephedrine as an active ingredient if the product is displayed using any type of anti-theft device system including an electronic anti-theft device system that utilizes a product tag and detection alarm which prevents the theft of the product. Source: SL 2005, ch 178, 3; SL 2006, ch 181, 3.
34-20D-5. Posting of notice.A retailer shall post notice at the location where a product containing pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the following:South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrine or ephedrine as an active ingredient unless sold or purchased with a valid prescription drug order prescribed by a practitioner as defined in 36-11-2 with appropriate authority. Source: SL 2005, ch 178, 5; SL 2006, ch 181, 5.
34-20D-6. Civil liability for sale of product.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.
34-20D-7. County or municipality prohibited from establishing higher requirements or penalties.No county or municipality may establish requirements or establish a penalty that is higher or more stringent than the requirements or penalties established by this chapter. Source: SL 2005, ch 178, 7.
34-20D-8.1. Waiver of electronic reporting--Disclosure of record to law enforcement.The attorney general may grant a retailer a waiver pursuant to 34-20D-8 if the retailer demonstrates that the electronic reporting will cause the retailer an undue economic hardship or that the retailer does not have the technological ability to report electronically. If a waiver is granted, the retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose. Source: SL 2014, ch 166, 3.
34-20D-8. Identification and record of buyer of product containing pseudoephedrine, ephedrine, or phenylpropanolamine--Reporting--Stop-sale alert.If offering for sale a product containing pseudoephedrine, ephedrine, or phenylpropanolamine as an active ingredient, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, the term, identification, means a document issued by a governmental agency that contains a description of the person or a photograph of the person, and gives the person's date of birth, such as a tribal identification card, driver license, state-issued identification card, passport, or military identification card. The retailer shall electronically submit the record of identification, including the purchaser's name, date of birth, address of purchaser, the product name, the quantity sold, the date and time of the sale, and unique identification number relating to the electronic record into the electronic record-keeping system prior to completing the sale of a product containing pseudoephedrine, ephedrine, or phenylpropanolamine unless a waiver has been granted. If a waiver is granted, the retailer shall submit written records to the Office of the Attorney General no later than the fifth day of every month. The retailer shall maintain the record of identification required by this section for two years, after which the record shall be destroyed. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. If the sale generates a stop-sale alert, the seller may not complete the sale unless the seller has a reasonable fear of imminent bodily harm if he or she does not complete the sale. The electronic record-keeping system shall contain an override function to the stop-sale alert for the seller to use in a situation in which a reasonable fear of imminent bodily harm is present. Source: SL 2006, ch 181, 6; SL 2012, ch 184, 1; SL 2014, ch 166, 1.
34-20D-9. Immunity from civil liability for good faith release of information to law enforcement.Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct. Source: SL 2006, ch 181, 7.
34-20E-1. Definition of terms.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.
34-20E-10. Contracts to facilitate operation of prescription drug monitoring program.The board may contract with another agency of this state, with an agency of another state, or with a private vendor to facilitate the effective operation of the prescription drug monitoring program. Any contractor is bound to comply with the provisions regarding confidentiality of prescription drug information in this chapter and is subject to termination or sanction, or both, for unlawful acts. Source: SL 2010, ch 175, 10.
34-20E-11. Immunity from civil liability.Nothing in this chapter requires a prescriber or dispenser to obtain information about a patient from the central repository prior to prescribing or dispensing a controlled substance. A prescriber, dispenser, or other health care provider may not be held liable in damages to any person in any civil action on the basis that the prescriber, dispenser, or other health care provider did or did not seek to obtain information from the central repository. Unless there is shown a lack of good faith, the board, a prescriber, dispenser, or any other person in proper possession of information provided under this chapter is not subject to any civil liability by reason of:(1)The furnishing of information under the conditions provided in this chapter;(2)The receipt and use of, or reliance on, such information;(3)The fact that any such information was not furnished; or(4)The fact that such information was factually incorrect or was released by the board to the wrong person or entity. Source: SL 2010, ch 175, 11.
34-20E-12. Board to review data and refer patients, prescribers, or dispensers engaged in improper activities to law enforcement or regulatory authorities.The board shall review the information received by the central repository to determine if there is reason to believe:(1)A prescriber or dispenser may have engaged in an activity that may be a basis for disciplinary action by the board or regulatory agency responsible for the licensing of the prescriber or dispenser; or(2)A patient may have misused, abused, or diverted a controlled substance.If the board determines that there is reason to believe that any of the acts described in this section may have occurred, the board may notify the appropriate law enforcement agency or the board or regulatory agency responsible for the licensing of the prescriber or dispenser. The advisory council established in 34-20E-15 shall recommend guidelines to the board for reviewing data and making determinations with respect to the referral of patients, prescribers, or dispensers to law enforcement or appropriate regulatory authorities. Source: SL 2010, ch 175, 12.
34-20E-13. Correction of erroneous information.Any patient, dispenser, or prescriber may request that erroneous information contained in the central repository be corrected or deleted. The board shall review the request to determine if the information is erroneous with respect to the patient, prescriber, or dispenser. The board shall correct any erroneous information the board discovers due to the request for review by a patient, prescriber, or dispenser. Source: SL 2010, ch 175, 13.
34-20E-14. Cooperation with other states.The board shall adopt a procedure to allow information contained in the central repository to be shared with officials in other states acting for the purpose of controlled substance monitoring and for requesting and receiving similar controlled substance monitoring information from other states. Source: SL 2010, ch 175, 14.
34-20E-15. Advisory council established.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.
34-20E-16. Membership of advisory council.The advisory council shall consist of:(1)One dispenser selected by the board;(2)One prescriber selected by the Board of Medical and Osteopathic Examiners;(3)One prescriber selected by the Board of Nursing;(4)One prescriber selected by the Board of Dentistry;(5)One prescriber selected by the Board of Examiners in Optometry;(6)One prescriber selected by the South Dakota Academy of Physician Assistants;(7)One member selected by the South Dakota Association of Healthcare Organizations;(8)One member of the South Dakota State Medical Association;(9)One member of the South Dakota Nurses Association;(10)One member of the South Dakota Pharmacists Association;(11)A designee of the attorney general;(12)A designee of the Department of Health; and(13)Any other prescriber or dispenser determined by the board to be necessary to meet a mandate of, or avoid a delay in implementing, an appropriations measure. The number of additional members that the board may select is limited to the number necessary to meet the mandate or avoid the delay of an appropriation. Source: SL 2010, ch 175, 16.
34-20E-17. Recommendations of advisory council.The advisory council shall make recommendations to the board regarding:(1)Safeguards for the release of information to persons who have access to the information contained in the central repository;(2)The confidentiality of program information and the integrity of the patient's relationship with the patient's health care provider;(3)Advancing the purposes of the program, including enhancement of the quality of health care delivery in this state; and(4)The continued benefits of maintaining the program in relationship to the cost and other burdens to the state. Source: SL 2010, ch 175, 17.
34-20E-18. Report of knowing failure to submit information or submission of incorrect information to dispenser's licensing board.Any dispenser who knowingly fails to submit prescription monitoring information to the board as required by this chapter or knowingly submits incorrect prescription information may be reported by the board to the dispenser's licensing board. Source: SL 2010, ch 175, 18.
34-20E-19. Knowing disclosure of information in violation of chapter as felony.Any person authorized to have prescription monitoring information pursuant to this chapter who knowingly discloses such information in violation of this chapter is subject to a Class 6 felony. Source: SL 2010, ch 175, 19.
34-20E-2.1. Prescriber and dispenser registration with program required--Exception.Any person who has a controlled drug or substance registration pursuant to 34-20B-29 to prescribe or dispense any controlled drug or substance within this state must register with the program. Veterinarians licensed pursuant to chapter 36-12 are not subject to this requirement. The program shall work with the Department of Health to assure compliance with the requirement. Source: SL 2017, ch 157, 5.
34-20E-2. Prescription drug monitoring program to be established.The board shall establish and maintain a prescription drug monitoring program to monitor the prescribing and dispensing of all controlled substances. The program shall utilize a central repository, to which each dispenser shall submit, by electronic means, information regarding each prescription dispensed for a controlled substance. The information submitted for each prescription shall include specifically identified data elements adopted by the board and contained in the 2011 version of the electronic reporting standard for prescription monitoring programs, version 4.2 of the American Society for Automation in Pharmacy. Source: SL 2010, ch 175, 2; SL 2017, ch 157, 2.
34-20E-20. Promulgation of rules.The board shall promulgate rules, pursuant to chapter 1-26, for the operation of the program. Any rule promulgated shall be designed to assure the fair, equitable, and efficient operation of the program. The rules may address the following:(1)Criteria, procedures, and forms for submitting data to the program;(2)Standards for information collection;(3)Guidelines for reviewing data and making determinations with respect to the referral of patients, prescribers, or dispensers to law enforcement or appropriate regulatory authorities based upon an open case;(4)Safeguards for the release of information to individuals who have access to the information contained in the central repository;(5)Guidelines for maintaining the confidentiality of program information and the integrity of the patient's relationship with the patient's health care provider; and(6)Policies for the compilation and release of statistics and outcomes for advancing the purposes of the program, including enhancement of the quality of health care delivery in this state. Source: SL 2010, ch 175, 20.
34-20E-3. Submission of information to central repository.Each dispenser shall submit the information required by this chapter to the central repository at least every twenty-four hours unless the board waives this requirement for good cause shown by the dispenser. Source: SL 2010, ch 175, 3; SL 2017, ch 157, 3.
34-20E-4. Grounds for extension of time to submit information.The board may grant an extension of the time in which a dispenser must report the information required by 34-20E-2 to any dispenser that is unable to submit prescription information by electronic means because of one of the following occurrences:(1)The dispenser suffers a mechanical or electronic failure or cannot report within the required time for other reasons beyond the dispenser's control;(2)The central repository is unable to receive electronic submissions; or(3)Good cause shown by a dispenser. Source: SL 2010, ch 175, 4.
34-20E-5. Confidentiality of information.Information submitted to the central repository is confidential and may not be disclosed except as provided in 34-20E-7. Source: SL 2010, ch 175, 5.
34-20E-6. Procedures for security of patent information.The board shall establish and maintain procedures to ensure that the privacy, confidentiality, and security of patient information collected, recorded, transmitted, and maintained is not disclosed except as provided in 34-20E-7. Source: SL 2010, ch 175, 6.
34-20E-7. Disclosure of data in central repository to certain persons and entities.Unless disclosure is prohibited by law, the board may provide data in the central repository to:(1)Any prescriber for the purpose of providing medical care to a patient, a dispenser for the purpose of filling a prescription or providing pharmaceutical care for a patient, a prescriber or dispenser inquiring about the prescriber's or dispenser's own prescribing activity, or a prescriber or dispenser in order to further the purposes of the program including integration with electronic medical records;(2)Any individual who requests the prescription information of the individual or the individual's minor child;(3)Any state board or regulatory agency that is responsible for the licensing of individuals authorized to prescribe or dispense controlled substances if the board or regulatory agency is seeking information from the central repository that is relevant to an investigation of an individual who holds a license issued by that board or regulatory agency;(4)Any local, state, and federal law enforcement or prosecutorial officials engaged in the enforcement of laws relating to controlled substances who seek information for the purpose of an investigation or prosecution of the drug-related activity or probation compliance of an individual;(5)The Department of Social Services for purposes regarding the utilization of controlled substances by a medicaid recipient;(6)Any insurer for purposes regarding the utilization of controlled substances by a claimant;(7)Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal violations of controlled substances laws;(8)Any public or private entity for statistical, research, or educational purposes after the information is de-identified with respect to any prescriber, dispenser, or patient who received a prescription for a controlled substance; or(9)Any peer review committee, which means any committee of a health care organization, composed of health care providers, employees, administrators, consultants, agents, or members of the health care organization's governing body, which conducts professional peer review. Source: SL 2010, ch 175, 7; SL 2017, ch 157, 4.
34-20E-8. Fees.The board may charge a fee of ten dollars to any individual who requests information from the central repository pursuant to subdivision 34-20E-7(2). The board may charge a fee of one hundred dollars to any person who requests information from the central repository pursuant to subdivision 34-20E-7(8). Source: SL 2010, ch 175, 8.
34-20E-9. Records of information requests.The board shall maintain a record of each request for information from the central repository. The board may use the records to document and report statistics and outcomes. The board may provide records of the requests for information to:(1)Any board or regulatory agency responsible for the licensing of individuals authorized to prescribe or dispense controlled substances that is engaged in an investigation of the individual who submitted the request for information from the central repository; and(2)Any local, state, and federal law enforcement or prosecutorial official engaged in the enforcement of laws relating to controlled substances for the purpose of an active investigation of an individual who requested information from the central repository. Source: SL 2010, ch 175, 9.
34-20F-1. Retailer defined.For purposes of this chapter, a retailer is any person who sells merchandise at retail. Source: SL 2012, ch 185, 1, eff. Mar. 2, 2012.
34-20F-2. Loose leaf incense defined.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.
34-20F-3. Limit on amount sold in single transaction--Violation as misdemeanor.No retailer may sell, in a single transaction, one quarter of a gram or more of loose leaf incense. Any person who sells loose leaf incense in violation of this section is guilty of a Class 1 misdemeanor. Source: SL 2012, ch 185, 2, eff. Mar. 2, 2012.
34-20F-4. Sale to person under age twenty-one prohibited--Violation as misdemeanor.No retailer may willfully and knowingly supply, deliver, give possession, or sell any amount of loose leaf incense to a person under twenty-one years of age. A violation of this is a Class 1 misdemeanor. Source: SL 2012, ch 185, 3, eff. Mar. 2, 2012.
34-20F-5. Product to be kept behind counter or in locked case--Violation as misdemeanor.Any retailer who offers loose leaf incense for sale shall display and offer the product for sale behind the counter or in a locked case so that a customer wanting access to the product must ask a store employee for assistance. A violation of this section is a Class 1 misdemeanor. Source: SL 2012, ch 185, 4, eff. Mar. 2, 2012.
34-20F-6. Record of identification of buyer.If offering for sale loose leaf incense, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, the term, identification, means a document issued by a governmental agency which contains a description of the person or a photograph of the person, or both, and gives the person's date of birth, such as a driver license, passport, or military identification card. The retailer shall maintain the record of identification, including the purchaser's name and date of birth. On August 1, 2012, and no later than the fifth day of every month thereafter, the retailer shall send any such records to the Office of the Attorney General. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. The retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose. Source: SL 2012, ch 185, 5, eff. Mar. 2, 2012.
34-20F-7. Advertising that loose leaf incense can be ingested prohibited--Violation as misdemeanor.No manufacturer, distributor, or retailer may advertise to the public, directly or indirectly, that loose leaf incense can be ingested. A violation of this section is a Class 1 misdemeanor. Source: SL 2012, ch 185, 6, eff. Mar. 2, 2012.
34-20F-8. Warning label--Violation as misdemeanor.A retailer shall label each package of loose leaf incense sold in this state with a warning label that reads as follows: "This product is not meant to be ingested. The side effects of ingesting this product are unknown." A violation of this section is a Class 1 misdemeanor. Source: SL 2012, ch 185, 7, eff. Mar. 2, 2012.
34-20F-9. Ingredients label.A retailer shall ensure that each package of loose leaf incense sold is labeled with each ingredient present in the product, including all chemicals and additives. Source: SL 2012, ch 185, 9, eff. Mar. 2, 2012.
34-20G-1. Definitions.Terms used in this chapter mean:(1)"Allowable amount of cannabis,":(a)Three ounces of cannabis or less;(b)The quantity of cannabis products as established by rules promulgated by the department under 34-20G-72;(c)If the cardholder has a registry identification card allowing cultivation, two flowering cannabis plants and two cannabis plants that are not flowering; and(d)If the cardholder has a registry identification card allowing cultivation, the amount of cannabis and cannabis products that were produced from the cardholder's allowable plants, if the cannabis and cannabis products are possessed at the same property where the plants were cultivated;(2)"Bona fide practitioner-patient relationship," a treatment or consulting relationship between a practitioner and patient, during which:(a)The practitioner completes, at the initial visit, an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination;(b)The patient is under the practitioner's care for the debilitating medical condition that qualifies the patient for the medical use of cannabis or has been referred by the practitioner caring for the patient's debilitating medical condition that qualifies the patient for the medical use of cannabis to another practitioner;(c)The patient has a reasonable expectation that the practitioner providing the written certification will continue to provide follow-up care to the patient to monitor the medical use of cannabis; and(d)The relationship is not for the sole purpose of providing a written certification for the medical use of cannabis unless the patient has been referred by a practitioner providing care for the debilitating medical condition that qualifies the patient for the medical use of cannabis;(3)"Cannabis products," any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures;(4)"Cannabis product manufacturing facility," an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary;(5)"Cannabis testing facility" or "testing facility," an independent entity registered with the department pursuant to this chapter to analyze the safety and potency of cannabis;(6)"Cardholder," a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card;(7)"Cultivation facility," an entity registered with the department pursuant to this chapter that acquires, possesses, cultivates, delivers, transfers, transports, supplies, or sells cannabis and related supplies to a medical cannabis establishment;(8)"Debilitating medical condition,":(a)A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or(b)Any other medical condition or its treatment added by the department, as provided for in 34-20G-26;(9)"Department," the Department of Health;(10)"Designated caregiver," an individual who:(a)Is at least twenty-one years of age;(b)Has agreed to assist with a qualifying patient's medical use of cannabis;(c)Has not been convicted of a disqualifying felony offense; and(d)Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver's qualifying patients each reside in or are admitted to a health care facility, as defined in 34-12-1.1, an accredited prevention or treatment facility, as defined in 34-20A-2, a mental health center, as defined in 27A-1-1, a child welfare agency, as defined in 26-6-1, or a community support provider or community services provider, as defined in 27B-1-17, where the designated caregiver is employed;(11)"Disqualifying felony offense," a violent crime that was classified as a felony in the jurisdiction where the person was convicted;(12)"Edible cannabis products," any product that:(a)Contains or is infused with cannabis or an extract thereof;(b)Is intended for human consumption by oral ingestion; and(c)Is presented in the form of foodstuffs, beverages, extracts, oils, tinctures, or other similar products;(13)"Enclosed, locked facility," any closet, room, greenhouse, building, or other enclosed area that is equipped with locks or other security devices that permit access only by a cardholder or a person allowed to cultivate the plants. Two or more cardholders who reside in the same dwelling may share one enclosed, locked facility for cultivation;(14)"Flowering cannabis plant," the reproductive state of the cannabis plant in which the plant shows physical signs of flower budding out of the nodes of the stem;(15)"Medical cannabis" or "cannabis," marijuana as defined in 22-42-1;(16)"Medical cannabis dispensary" or "dispensary," an entity registered with the department pursuant to this chapter that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies and educational materials to cardholders;(17)"Medical cannabis establishment," a cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a dispensary;(18)"Medical cannabis establishment agent," an owner, officer, board member, employee, or volunteer at a medical cannabis establishment;(19)"Medical use," includes the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptom associated with the patient's debilitating medical condition. The term does not include:(a)The cultivation of cannabis by a nonresident cardholder;(b)The cultivation of cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder's registry identification card; or(c)The extraction of resin from cannabis by solvent extraction unless the extraction is done by a cannabis product manufacturing facility;(20)"Nonresident cardholder," a person who:(a)Has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medical treatment of a person who has been diagnosed with a debilitating medical condition;(b)Is not a resident of this state or who has been a resident of this state for fewer than forty-five days;(c)Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medical purposes in the jurisdiction of issuance; and(d)Has submitted any documentation required by the department, and has received confirmation of registration;(21)"Practitioner," a physician, physician assistant, or advanced practice registered nurse, who is licensed with authority to prescribe drugs to humans. In relation to a nonresident cardholder, the term means a person who is licensed with authority to prescribe drugs to humans in the state of the patient's residence;(22)"Qualifying patient," a person who has been diagnosed by a practitioner as having a debilitating medical condition;(23)"Registry identification card," a document issued by the department that identifies a person as a registered qualifying patient or registered designated caregiver, or documentation that is deemed a registry identification card pursuant to 34-20G-29 to 34-20G-42, inclusive; (24)"Safety-sensitive job," any position with tasks or duties that an employer reasonably believes could:(a)Cause the illness, injury, or death of an individual; or(b)Result in serious property damage; (25)"Under the influence of cannabis," any abnormal mental or physical condition that tends to deprive a person of clearness of intellect and control that the person would otherwise possess, as the result of consuming any degree of cannabis or cannabis products; and(26)"Written certification," a document dated and signed by a practitioner:(a)Stating that the patient has a qualifying debilitating medical condition or symptom associated with the debilitating medical condition;(b)Affirming that the document is made in the course of a bona fide practitioner-patient relationship;(c)Specifying the qualifying patient's debilitating medical condition; and(d)Specifying the expiration date of the qualifying patient's written certification, pursuant to 34-20G-43. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 114, 1; SL 2022, ch 115, 1; SL 2022, ch 116, 1; SL 2022, ch 117, 1; SL 2022, ch 118, 1; SL 2022, ch 119, 1; SL 2022, ch 120, 1.
34-20G-10. Cannabis product manufacturing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No cannabis product manufacturing facility or a cannabis product manufacturing facility agent is subject to prosecution, search, or inspection, except by the department pursuant to 34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:(1)Purchase or otherwise acquire cannabis from cultivation facility, and cannabis products or cannabis from a cannabis product manufacturing facility;(2)Possess, produce, process, manufacture, compound, convert, prepare, pack, repack, and store cannabis or cannabis products;(3)Deliver, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a dispensary or cannabis product manufacturing facility;(4)Deliver, transfer, or transport cannabis to testing facility and compensate testing facility for services provided; or(5)Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a cannabis product manufacturing facility or dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-11. Testing facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No testing facility or testing facility agent is subject to prosecution, search, or inspection, except by the department pursuant to 34-20G-69, seizure, or penalty in any manner, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:(1)Acquire, possess, transport, and store cannabis or cannabis products obtained from a cardholder, nonresident cardholder or medical cannabis establishment;(2)Return the cannabis or cannabis products to a cardholder, nonresident cardholder, or medical cannabis establishment from whom it was obtained;(3)Test cannabis, including for potency, pesticides, mold, or contaminants; or(4)Receive compensation for services under this section. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-12. Sale or donation of cannabis seeds to cultivation facility. A cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction may sell or donate cannabis seeds to a cultivation facility in this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-13. Seizure or forfeiture of cannabis or related property. Any cannabis, cannabis product, cannabis paraphernalia, or other interest in or right to property that is possessed, owned, or used in connection with the medical use of cannabis as allowed under this chapter, or acts incidental to such use, may not be seized or forfeited. This chapter does not prevent the seizure or forfeiture of cannabis exceeding the amount allowed under this chapter, or prevent seizure or forfeiture if the basis for the action is unrelated to the cannabis that is possessed, manufactured, transferred, or used in accordance with this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-14. Possession of or application for registry identification card not grounds for search. Possession of, or application for, a registry identification card does not constitute probable cause or reasonable suspicion, nor may it be used to support a search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any governmental agency. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-15. Activity conducted in accordance with chapter lawful. For the purposes of state law, an activity related to medical cannabis is lawful as long as it is conducted in accordance with this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-16.Enforcement of federal law by state law enforcement officers. No law enforcement officer employed by an agency that receives state or local government funds may expend any state or local resources, including the officer's time, to effect any arrest or seizure of cannabis, or conduct any investigation, on the sole basis of activity the officer believes to constitute a violation of the federal Controlled Substances Act, 21 U.S. C.  801 et seq., if the officer has reason to believe that the activity is in compliance with this chapter. No officer may expend any state or local resources, including the officer's time, to provide any information or logistical support related to any activity to any federal law enforcement authority or prosecuting entity. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-17. Contracts enforceable. No contract entered into by a cardholder, a medical cannabis establishment, or medical cannabis establishment agent, or by a person who allows property to be used for an activity that is exempt from state criminal penalties by this chapter is unenforceable on the basis that activity related to cannabis is prohibited by federal law. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-18. Unauthorized conduct.This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct:(1)Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice;(2)Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility;(3)Smoking or vaping cannabis:(a)On any form of public transportation;(b)In any public place or any place that is open to the public; or(c)If under the age of twenty-one;(4)Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis; or(5)Performing any safety-sensitive job under the influence of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, 2.
34-20G-19. Schools and landlords--Prohibited conduct.A cardholder may not be refused enrollment by a school or a lease by a landlord, or otherwise be penalized by a school or landlord solely for the person's status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation. This section does not prevent a landlord from imposing reasonable restrictions on the medical use of cannabis by a cardholder who resides at the landlord's property. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 122, 1.
34-20G-2. Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:(l)The medical use of cannabis in accordance with this chapter, if the cardholder does not possess more than the allowable amount of cannabis, and if any cannabis plant is either cultivated in an enclosed, locked facility or is being transported;(2)Reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of cannabis;(3)Transferring the cannabis to a testing facility;(4)Compensating a dispensary or a testing facility for goods or services provided;(5)Selling, transferring, or delivering cannabis seeds produced by the cardholder to a cultivation facility or dispensary; or(6)Offering or providing cannabis to a cardholder for a registered qualifying patient's medical use, to a nonresident cardholder, or to a dispensary if nothing of value is transferred in return and the person giving the cannabis does not knowingly cause the recipient to possess more than the allowable amount of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-20. Qualifying patient not disqualified from medical care for cannabis use. For the purposes of medical care, including organ and tissue transplants, a registered qualifying patient's use of cannabis in accordance with this chapter is considered the equivalent of the authorized use of any other medication used at the discretion of a practitioner and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-21. Custody and visitation rights--Child neglect or endangerment.No person may be denied custody of, visitation rights with, or parenting time with a minor solely because the person is a cardholder. There is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor. Nothing in this chapter supersedes or otherwise affects custody decisions, visitation rights, or parenting time based upon the best interests of the child. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 123, 1.
34-20G-22. Employment and drug testing. Except as provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to:(1)Any interaction with a person's employer;(2)Drug testing by a person's employer; or(3)Drug testing required by any state or local law, agency, or government official. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-23. Conflict with employer's obligations or benefits under federal law. The rights provided by 34-20G-19 to 34-20G-25, inclusive, do not apply to the extent that they conflict with an employer's obligations under federal law or regulation or to the extent that they would disqualify an employer from a monetary or licensing-related benefit under federal law or regulation. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-24. Ingestion of cannabis at workplace--Working under the influence of cannabis.No employer is required to allow the ingestion, possession, transfer, display, or transportation of cannabis in any workplace or to allow any employee to work while under the influence of cannabis. No employer is prohibited from establishing and enforcing a drug free workplace policy that may include a drug testing program that complies with state and federal law and acting with respect to an applicant or employee under the policy. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, 3.
34-20G-25.1. Healthcare and accredited prevention or treatment facilities.A health care facility, as defined in 34-12-1.1, an accredited prevention or treatment facility, as defined in 34-20A-2, a mental health center, as defined in 27A-1-1, a child welfare agency, as defined in 26-6-1, or a community support provider or community services provider, as defined in 27B-1-17, may adopt restrictions on the use of medical cannabis by a cardholder who resides at, is actively receiving treatment or care from, or is visiting the facility. The restrictions may include a provision that the facility will not store or maintain the cardholder's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for cardholders, and that the medical cannabis be used only in a place specified by the facility. Nothing in this section requires a facility to adopt such restrictions or requires a facility to allow the consumption of medical cannabis on the grounds of the facility.No employee or agent of a facility may be subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board for possession of medical cannabis while carrying out employment duties, including providing or supervising care to a cardholder, or distribution of medical cannabis to a cardholder who resides at or is actively receiving treatment or care at the facility with which the employee or agent is affiliated. Source: SL 2022, ch 117, 2.
34-20G-25. Schools, landlords, and employers not to be penalized. No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-26. Petition to add serious medical condition or treatment to list of debilitating medical conditions--Department consideration--Judicial review. Any resident of this state may petition the department to add a serious medical condition or treatment to the list of debilitating medical conditions as defined by this chapter. The department shall consider a petition in the manner required by rules promulgated by the department pursuant to this chapter, including public notice and hearing. The department shall approve or deny a petition within one hundred eighty days of submission. The approval or denial of any petition is a final decision of the department, subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-27. Cost reimbursement, permission to smoke or vape cannabis on property, permission to cultivate on rental property, permission to allow conduct related to medical cannabis in public buildings not required.Nothing in this chapter requires:(1)A government medical assistance program or private health insurer, workers' compensation insurance carrier, or self-insured employer providing workers' compensation benefits, to reimburse a person for costs associated with the medical use of cannabis;(2)Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke or vape cannabis on or in that property;(3)A landlord to allow the cultivation of cannabis on the rental property; or(4)A state or local government to allow any conduct otherwise permitted by this chapter within a building owned, leased, or occupied by the state or local government. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 124, 1; SL 2022, ch 125, 1.
34-20G-28. Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted. Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-29. Information required for issuance of registry identification cards--Fee. No later than November 18, 2021, the department shall issue registry identification cards to qualifying patients who submit the following, in accordance with rules promulgated by the department:(1)A written certification issued by a practitioner within ninety days immediately preceding the date of an application;(2)The application or renewal fee;(3)The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless, no address is required;(4)The name, address, and telephone number of the qualifying patient's practitioner;(5)The name, address, and date of birth of the designated caregiver, or designated caregivers, chosen by the qualifying patient;(6)If more than one designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers are needed due to the patient's age or medical condition;(7)The name of no more than two dispensaries that the qualifying patient designates, if any; and(8)If the qualifying patient designates a designated caregiver, a designation as to whether the qualifying patient or designated caregiver will be allowed under state law to possess and cultivate cannabis plants for the qualifying patient's medical use. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-3. Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct. No nonresident cardholder is subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a business or occupational or professional licensing board or entity, for transporting, purchasing, possessing, or using medical cannabis in accordance with this chapter if the nonresident cardholder does not possess more than three ounces of cannabis and the quantity of cannabis products established by rules promulgated by the department under 34-20G-72. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-30. Submission of information by person responsible for medical decisions for qualifying patient. If the qualifying patient is unable to submit the information required by 34-20G-29 due to the person's age or medical condition, the person responsible for making medical decisions for the qualifying patient may do so on behalf of the qualifying patient. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-31. Department verification of information--Issuance of registry identification card--Verification system. Except as provided in 34-20G-32, the department shall:(1)Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within fifteen days of receiving a completed application or renewal application;(2)Issue registry identification cards to a qualifying patient and to a qualifying patient's designated caregivers, if any, within five days of approving the application or renewal. A designated caregiver shall have a registry identification card for each of the qualifying patients; and(3)Enter the registry identification number of any dispensary the patient designates into the verification system. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-32. Background check of designated caregiver. The department may conduct a background check of a designated caregiver in order to carry out the provisions of 34-20G-31. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-33. Issuance of registry identification card to patient under age 18--Conditions. The department may not issue a registry identification card to a qualifying patient who is younger than eighteen years of age unless:(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.
34-20G-34. Grounds for denial or nonrenewal of qualifying patient registry identification card.The department may deny an application or renewal of a qualifying patients registry identification card only if the applicant:(1)Does not provide the required information, fee, or materials;(2)Does not meet the requirement to obtain a registry identification card as defined in 34-20G-1;(3)Previously had a registry identification card revoked; or(4)Provided false information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 126, 1.
34-20G-35. Grounds for denial of application or nonrenewal of designated caregiver. The department may deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:(l)The designated caregiver does not meet the requirements of a designated caregiver as defined in 34-20G-l;(2)The applicant does not provide the information required;(3)The designated caregiver previously had a registry identification card revoked; or(4)The applicant or the designated caregiver provide false information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-36. Notice--Denial or revocation.The department shall give written notice to the qualifying patient of the reason for:(1)Denying a registry identification card to the qualifying patient or to the qualifying patient's designated caregiver; or(2)Revoking the registry identification card of the qualifying patient or the qualifying patient's designated caregiver. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127, 1.
34-20G-37. Judicial review of application denial or nonrenewal. Denial of an application or renewal under 34-20G-34 or 34-20G-35 is considered a final department action, subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-39. Repealed. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 128, 2.
34-20G-4. Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable. There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of cannabis in accordance with this chapter if the cardholder is in possession of a registry identification card and an amount of cannabis that does not exceed the allowable amount of cannabis. The presumption may be rebutted by evidence that conduct related to cannabis was not for the purpose of treating or alleviating a qualifying patient's debilitating medical condition or symptom associated with the qualifying patient's debilitating medical condition under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-42. Contents of registry identification cards. A registry identification card shall contain all of the following:(1)The name of the cardholder;(2)A designation of whether the cardholder is a qualifying patient or a designated caregiver;(3)The date of issuance and expiration date of the registry identification card;(4)A random ten-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder;(5)If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist;(6)A clear indication of whether the cardholder has been designated to cultivate cannabis plants for the qualifying patient's medical use;(7)A photograph of the cardholder; and(8)The phone number or website address where the card can be verified. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-43. Expiration of registry identification card.The registry identification card of a qualifying patient and designated caregiver, if any, expires on the date noted by the practitioner in the qualifying patient's written certification, not to exceed one year after the date of issue. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 118, 2.
34-20G-44. Confidential list--Personal information.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.
34-20G-45. Secure phone or web-based verification system. Within one hundred twenty days of July 1, 2021, the department shall establish a secure phone or web-based verification system. The verification system shall allow law enforcement personnel and medical cannabis establishments to enter a registry identification number and determine whether the number corresponds with a current, valid registry identification card. The system may disclose only:(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.
34-20G-46. Required notifications to department. The following notifications are required:(1)A registered qualifying patient shall notify the department of any change in the applicants name or address, or if the patient ceases to have a debilitating medical condition, within ten days of the change;(2)A registered designated caregiver shall notify the department of any change in the caregivers name or address, or if the caregiver becomes aware the qualifying patient passed away, within ten days of the change;(3)Before a registered qualifying patient changes a designated caregiver, the patient shall notify the department;(4)If a registered qualifying patient changes a preference as to who may cultivate cannabis for the patient, the patient shall notify the department;(5)If a cardholder loses a registry identification card, the cardholder shall notify the department within ten days of becoming aware the card has been lost; and(6)Before a registered qualifying patient changes a designated dispensary, the patient shall notify the department. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-47. Notifications by designated caregiver. Any notification that a registered qualifying patient is required to make under this chapter may be made by the patient's designated caregiver if the qualifying patient is unable to make the notification due to age or medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-48. Issuance of new registry identification card following required notification to department. If a cardholder notifies the department of any item listed in 34-20G-46, but remains eligible under this chapter, the department shall issue the cardholder a new registry identification card with a new random ten-digit alphanumeric identification number within ten days of receiving the updated information and a twenty dollar fee. If the person notifying the department is a registered qualifying patient, the department shall also issue the patient's registered designated caregiver, if any, a new registry identification card within ten days of receiving the updated information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-49. Card void upon notice to department that patient no longer qualifies--Disposal of cannabis. If the registered qualifying patient's certifying practitioner notifies the department in writing that the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of cannabis, the card is void. However, the registered qualifying patient shall have fifteen days to dispose of or give away any cannabis in the registered qualifying patient's possession. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-5. Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct. No practitioner is subject to arrest, prosecution, or penalty of any kind, or denied any right or privilege, including civil penalty or disciplinary action by the South Dakota Board of Medical and Osteopathic Examiners or by any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the practitioner's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition. Nothing in this chapter prevents a practitioner from being sanctioned for:(1)Issuing a written certification to a patient with whom the practitioner does not have a bona fide practitioner-patient relationship; or(2)Failing to properly evaluate a patient's medical condition. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-50. Theft or loss of cannabis--Notice to department. A medical cannabis establishment shall notify the department within one business day of any theft or significant loss of cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-51. Medical purpose defense.Except as provided in 34-20G-18 and this section, a person may assert the medical purpose for using cannabis as a defense to any prosecution involving cannabis, and such defense is presumed valid where the evidence shows that:(1)A practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the patient has a debilitating medical condition and the potential benefits of using cannabis for medical purposes would likely outweigh the health risks for the person;(2)The person was in possession of no more than three ounces of cannabis, the amount of cannabis products allowed by department rules, two flowering cannabis plants, two cannabis plants that are not flowering, and the cannabis produced by those plants;(3)The person was engaged in the acquisition, possession, use, manufacture, cultivation, or transportation of cannabis, paraphernalia, or both, relating to the administration of cannabis to treat or alleviate the person's debilitating medical condition or symptoms associated with the person's debilitating medical condition; and(4)Any cultivation of cannabis and storage of more than three ounces of cannabis occurred in a secure location that only the person asserting the defense could access. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 119, 2.
34-20G-52. Proof of unavailability of defense to prosecution. An affirmative defense and motion to dismiss shall fail if the prosecution proves that:(1)The person had a registry identification card revoked for misconduct; or(2)The purpose for the possession or cultivation of cannabis was not solely for palliative or therapeutic use by the person with a debilitating medical condition who raised the defense. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-53. Registry identification card not required to raise defense. A person is not required to possess a registry identification card to raise the affirmative defense set forth in 34-20G-51. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-54. Person using cannabis for medical purpose not subject to discipline or forfeiture. If a person demonstrates the person's medical purpose for using cannabis pursuant to this chapter, except as provided in 34-20G-18, the person is not subject to the following for the person's use of cannabis for medical purposes:(1)Disciplinary action by an occupational or professional licensing board or bureau; or(2)Forfeiture of any interest in or right to any property other than cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-55. Application for medical cannabis establishment--Contents and conditions--Time for registration. Not later than ninety days after receiving an application for a medical cannabis establishment, the department shall register the prospective medical cannabis establishment and issue a registration certificate and a random ten-digit alphanumeric identification number if all of the following conditions are satisfied:(1)The prospective medical cannabis establishment has submitted all of the following:(a)The application fee;(b)An application, including:(i)The legal name of the prospective medical cannabis establishment;(ii)The physical address of the prospective medical cannabis establishment that is not within one thousand feet of a public or private school existing before the date of the medical cannabis establishment application;(iii)The name and date of birth of each principal officer and board member of the proposed medical cannabis establishment; and(iv)Any additional information requested by the department;(c)Operating procedures consistent with rules for oversight of the proposed medical cannabis establishment, including procedures to ensure accurate record keeping and adequate security measures;(d)If the city or county where the proposed medical cannabis establishment would be located has enacted zoning restrictions, a sworn statement certifying that the proposed medical cannabis establishment does not violate the restrictions;(e)If the city or county where the proposed medical cannabis establishment requires a local registration, license, or permit, a copy of the registration, license, or permit;(2)None of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its registration certificate revoked;(3)None of the principal officers or board members is under twenty-one years of age; and(4)At least one principal officer is a resident of this state. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-56. Local government limitation on number of medical cannabis establishments. If a local government has enacted a numerical limit on the number of medical cannabis establishments in the locality and a greater number of applicants seek registration, the department shall solicit and consider input from the local government as to its preference for registration. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-57. Renewal of medical cannabis establishment registration. The department shall issue a renewal registration certificate within ten days of receipt of the prescribed renewal application and renewal fee from a medical cannabis establishment if the establishment's registration certificate is not under suspension and has not been revoked. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-58.1. Municipal zoning--Medical cannabis establishments.For purposes of this chapter, any municipality that has not enacted a zoning ordinance pursuant to title 11 governing the location of medical cannabis establishments may enact an ordinance to regulate the place of operation of any cannabis-related establishment under this section.A municipality may prohibit the location of a medical cannabis establishment in an area in a sensitive land use area and may establish reasonable setbacks. For purposes of this section, a sensitive land use area includes churches, schools, day cares, public service and recreation facilities, places frequented by people under age twenty-one, and parks.A municipality may require a minimum distance between cannabis-related establishments. Source: SL 2022, ch 130, 1.
34-20G-58. Local government ordinances governing medical cannabis establishments. A local government may enact an ordinance not in conflict with this chapter, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-59. Local government prohibition of dispensaries not permitted. No local government may prohibit a dispensary, either expressly or through the enactment of an ordinance that makes the operation of the dispensary impracticable in the jurisdiction. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-6. Licensed professionals not subject to discipline for certain conduct.No person licensed by the state or any other governmental entity to engage in any profession, occupation, or other activity is subject to disciplinary action, denial of the rights and privileges of such license, or otherwise penalized by the licensing authority for lawfully engaging in any activity authorized under this chapter or providing any service to a person engaged in activity that is authorized by this chapter merely because that activity is prohibited by federal law. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 121, 1.
34-20G-60. Local licensing of medical cannabis establishments--Fee. A local government may require a medical cannabis establishment to obtain a local license, permit, or registration to operate, and may charge a reasonable fee for the local license, permit, or registration. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-61. Criminal background check of medical cannabis establishment officers, employees, and volunteers. Each medical cannabis establishment shall conduct a background check into the criminal history of each person seeking to become a principal officer, board member, agent, volunteer, or employee before the person begins working at the medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-62. Employment restrictions on medical cannabis establishments. A medical cannabis establishment may not employ any person who:(1)Was convicted of a disqualifying felony offense; or(2)Is under twenty-one years of age. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-63. Medical cannabis establishment procedures for oversight and record keeping. Each medical cannabis establishment shall have operating documents that include procedures for the oversight of the medical cannabis establishment and procedures to ensure accurate record keeping. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-64. Medical cannabis establishment security measures. A medical cannabis establishment shall implement appropriate security measures designed to deter and prevent the theft of cannabis and unauthorized entrance into any area containing cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-65.1. Test samples of cannabis or cannabis products--Collection--Packaging--Timing.A sample of cannabis or cannabis products submitted to a testing facility must be collected by a designated representative of the testing facility. Testing is only required for cannabis and cannabis products intended for retail sale to a cardholder or nonresident cardholder. Source: SL 2022, ch 131, 1.
34-20G-65. Cultivation, harvesting, manufacturing, and packaging of cannabis. All cultivation, harvesting, manufacturing and packaging of cannabis shall take place in a secure facility at a physical address provided to the department during the registration process. The secure facility may only be accessed by agents of the medical cannabis establishment, emergency personnel, and adults who are twenty-one years of age and older and who are accompanied by a medical cannabis establishment agent. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-66. Production of cannabis products. No medical cannabis establishment other than a cannabis product manufacturer may produce cannabis concentrates, cannabis extractions, or other cannabis products. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-67. Sharing office space and patient referrals to practitioners prohibited. A medical cannabis establishment may not share office space with or refer a patient to a practitioner. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-68. Consumption of cannabis on medical cannabis establishment property prohibited. A medical cannabis establishment may not permit any person to consume cannabis on the property of a medical cannabis establishment. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-69. Inspection of medical cannabis establishments. A medical cannabis establishment is subject to inspection by the department during business hours. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-7. Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct. No person is subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:(1)Providing or selling cannabis paraphernalia to a cardholder, nonresident cardholder, or to a medical cannabis establishment;(2)Being in the presence or vicinity of the medical use of cannabis that is exempt from criminal or civil penalty by this chapter;(3)Allowing the person's property to be used for an activity that is exempt from criminal or civil penalty by this chapter; or(4)Assisting a registered qualifying patient with the act of using or administering cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-70. Conditions for dispensing cannabis.Before cannabis may be dispensed to a cardholder or nonresident cardholder, a dispensary agent:(1)Shall verify that the registry identification card or registration presented to the dispensary is valid;(2)Shall verify the identity of the person by requiring the person to present a valid photographic identification document issued by this state, another state, tribe, or the federal government;(3)May not dispense an amount of cannabis to a person that would cause the person to possess more than the allowable amount of cannabis; and(4)Shall verify that the dispensary is the current dispensary that was designated by the cardholder or nonresident cardholder. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 132, 1.
34-20G-71. Limitations on amount of cannabis dispensed. A dispensary may not dispense more than three ounces of cannabis to a nonresident cardholder or a registered qualifying patient, directly or via a designated caregiver, in any fourteen-day period. A dispensary shall ensure compliance with the limitation under this section by maintaining internal, confidential records that include records specifying how much cannabis is dispensed to a nonresident cardholder or registered qualifying patient and whether it is dispensed directly to a registered qualifying patient or to the designated caregiver. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-72. Promulgation of rules--Violation of required or prohibited action as misdemeanor.The department shall promulgate rules pursuant to chapter 1-26:(1)Governing the manner in which the department shall consider petitions from the public to add a debilitating medical condition or treatment to the list of debilitating medical conditions as defined by this chapter, including public notice of and an opportunity to comment in public hearings on the petitions;(2)Establishing the form and content of registration and renewal applications submitted under this chapter;(3)Establishing a system to numerically score competing medical cannabis establishment applicants, in cases where more applicants apply than are allowed by the local government, that includes analysis of:(a)The preference of the local government;(b)In the case of dispensaries, the suitability of the proposed location and its accessibility for patients;(c)The character, veracity, background, qualifications, and relevant experience of principal officers and board members; and(d)The business plan proposed by the applicant, that in the case of a cultivation facility or dispensary shall include the ability to maintain an adequate supply of cannabis, plans to ensure safety and security of patrons and the community, procedures to be used to prevent diversion, and any plan for making cannabis available to low-income registered qualifying patients;(4)Governing the manner in which the department shall consider applications for and renewals of registry identification cards, that may include creating a standardized written certification form;(5)Governing medical cannabis establishments to ensure the health and safety of qualifying patients and prevent diversion and theft without imposing an undue burden or compromising the confidentiality of a cardholder, including:(a)Oversight requirements;(b)Record-keeping requirements;(c)Security requirements, including lighting, physical security, and alarm requirements;(d)Health and safety regulations, including restrictions on the use of pesticides that are injurious to human health;(e)Standards for the manufacture of cannabis products and both the indoor and outdoor cultivation of cannabis by a cultivation facility;(f)Requirements for the transportation and storage of cannabis by a medical cannabis establishment;(g)Employment and training requirements, including requiring that each medical cannabis establishment create an identification badge for each agent;(h)Standards for the safe manufacture of cannabis products, including extracts and concentrates;(i)Restrictions on the advertising, signage, and display of medical cannabis, provided that the restrictions may not prevent appropriate signs on the property of a dispensary, listings in business directories including phone books, listings in marijuana-related or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events;(j)Requirements and procedures for the safe and accurate packaging, labeling, distribution, and tracking of medical cannabis;(k)Certification standards for testing facilities, including requirements for equipment and qualifications for personnel; and(l)Requirements for samples of cannabis and cannabis products submitted to testing facilities, including batch sizes to not exceed fifty pounds of cannabis intended for retail sale, batch sizes for homogenous cannabis products intended for retail sale, and procedures to ensure representative sampling;(6)Establishing procedures for suspending or terminating the registration certificates or registry identification cards of cardholders and medical cannabis establishments that commit multiple or serious violations of this chapter;(7)Establishing labeling requirements for cannabis and cannabis products, including requiring cannabis product labels to include the following:(a)The length of time it typically takes for a product to take effect;(b)Disclosing ingredients and possible allergens;(c)A nutritional fact panel; and(d)Requiring that edible cannabis products be clearly identifiable, when practicable, with a standard symbol indicating that it contains cannabis;(8)Establishing procedures for the registration of nonresident cardholders and the cardholder's designation of no more than two dispensaries, which shall require the submission of:(a)A practitioner's statement confirming that the patient has a debilitating medical condition; and(b)Documentation demonstrating that the nonresident cardholder is allowed to possess cannabis or cannabis preparations in the jurisdiction where the nonresident cardholder resides;(9)Establishing the amount of cannabis products, including the amount of concentrated cannabis, each cardholder and nonresident cardholder may possess; and(10)Establishing reasonable application and renewal fees for registry identification cards and registration certificates, according to the following:(a)Application fees for medical cannabis establishments may not exceed five thousand dollars, with this upper limit adjusted annually for inflation;(b)The total fees collected shall generate revenues sufficient to offset all expenses of implementing and administering this chapter;(c)A sliding scale of patient application and renewal fees based upon a qualifying patient's household income;(d)The fees charged to qualifying patients, nonresident cardholders, and caregivers shall be no greater than the costs of processing the application and issuing a registry identification card or registration; and(e)The department may accept donations from private sources to reduce application and renewal fees.A violation of a required or prohibited action under any rule authorized by this section is a Class 2 misdemeanor. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 131, 2; SL 2022, ch 133, 1.
34-20G-73. Civil penalty for failure to provide required notice. A cardholder or medical cannabis establishment who fails to provide a notice required by this chapter is subject to a civil penalty of no more than one hundred fifty dollars. Any civil penalty collected shall be deposited in the state general fund. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-74. Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification. In addition to any other penalty under law, a medical cannabis establishment or an agent of a medical cannabis establishment who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a Class 6 felony. A person convicted under this section may not continue to be affiliated with the medical cannabis establishment and is disqualified from any future affiliation with any medical cannabis establishment under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-75. Intentional cannabis sale or transfer by cardholder to unauthorized person as felony. In addition to any other penalty under law, a cardholder or nonresident cardholder who intentionally sells or otherwise transfers cannabis in exchange for anything of value to a person other than a cardholder, a nonresident cardholder, or to a medical cannabis establishment or its agent is guilty of a Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-76. False statement to law enforcement official about medical use of cannabis as misdemeanor. A person who intentionally makes a false statement to a law enforcement official about any fact or circumstance relating to the medical use of cannabis to avoid arrest or prosecution is guilty of a Class 2 misdemeanor. The penalty is in addition to any other penalty that may apply for making a false statement or for the possession, cultivation, or sale of cannabis not protected by this chapter. If a person convicted of violating this section is a cardholder, the person is disqualified from being a cardholder under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-77. Knowing submission of false records or documents to certify medical cannabis establishment as felony. A person who knowingly submits false records or documentation required by the department to certify a medical cannabis establishment under this chapter is guilty of Class 6 felony. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-78. Certain conduct of practitioner as misdemeanor. A practitioner who knowingly refers patients to a medical cannabis establishment or to a designated caregiver, who advertises in a medical cannabis establishment, or who issues written certifications while holding a financial interest in a medical cannabis establishment is guilty of a Class 2 misdemeanor. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-79. Breach of confidentiality of information as misdemeanor. It is a Class 2 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-8. Dispensaries and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No dispensary or a dispensary agent is subject to prosecution, search, or inspection, except by the department pursuant to 34-20G-69, seizure, or penalty in any manner; or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:(1)Possess, transport, or store cannabis or cannabis products;(2)Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided;(3)Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return;(4)Purchase or otherwise acquire cannabis from a cultivation facility or dispensary, and cannabis products from cannabis product manufacturing facility or dispensary; and(5)Deliver, sell, supply, transfer, or transport cannabis, cannabis products, cannabis paraphernalia, or related supplies or educational materials to a cardholder, nonresident cardholder, or dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-80. Suspension or revocation of medical cannabis establishment registration certificate. The department may on its own motion or on complaint, after investigation and opportunity for a public hearing at which the medical cannabis establishment has been afforded an opportunity to be heard, suspend or revoke a registration certificate for multiple negligent or knowing violations or for a serious and knowing violation by the registrant or any of its agents of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-81. Notice of suspension, revocation, or sanction--Notice of hearing--Duration of suspension. The department shall provide notice of suspension, revocation, fine, or other sanction, as well as the required notice of the hearing, by mailing the same in writing to the medical cannabis establishment at the address on the registration certificate. A suspension may not be for a longer period than six months. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-82. Permitted and prohibited conduct during suspension. A medical cannabis establishment may continue to possess cannabis during a suspension, but it may not dispense, transfer, or sell cannabis. A cultivation facility may continue to cultivate and possess cannabis plants during a suspension, but it may not dispense, transfer, or sell cannabis. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-83. Revocation of registry identification card for cannabis sale to unauthorized person--Disqualification. The department shall immediately revoke the registry identification card of any cardholder who sells cannabis to a person who is not allowed to possess cannabis for medical purposes under this chapter, and the cardholder is disqualified from being a cardholder under this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-84. Revocation of registry identification card for multiple or serious violations. The department may revoke the registry identification card of any cardholder who knowingly commits multiple unintentional violations or a serious knowing violation of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-85. Judicial review of revocation.Revocation under 34-20G-80, 34-20G-83, or 34-20G-84 is a final decision of the department subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127, 2.
34-20G-86. Confidential data.Data in a registration application and supporting data submitted by a qualifying patient, designated caregiver, nonresident cardholder, or medical cannabis establishment, including data on designated caregiver or practitioner, is not a public record open to public access, inspection, or copying under chapter 1-27. All other public records concerning registered medical cannabis establishments are governed by chapter 1-27. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 134, 1.
34-20G-87. Restrictions on data maintained by department. 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.
34-20G-88. Permitted disclosure of data maintained by the department.Confidential data or data that is not a public record kept or maintained by the department may only be disclosed as necessary to:(1)Verify a registration certificate or registry identification card pursuant to this chapter;(2)Notify law enforcement of an apparent criminal violation of this chapter or respond to law enforcement or prosecutorial officials engaged in the investigation or enforcement of the criminal provisions of this chapter;(3)Notify state and local law enforcement about falsified or fraudulent information submitted for the purpose of obtaining or renewing a registry identification card;(4)Notify the applicable licensing board if there is reason to believe that a practitioner provided a written certification and the department has reason to believe the practitioner otherwise violated the standard of care for evaluating a medical condition or respond to the board, if the board is seeking data relevant to an investigation of a person who holds a license issued by the board;(5)Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal, civil, or administrative violations related to the use of medical cannabis;(6)An authorized employee of the department performing official duties associated with the medical cannabis program; or(7)A practitioner to determine if a person in the practitioner's care engages in the medical use of cannabis so the practitioner may assess possible drug interactions or assess other medically necessary concerns. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 120, 2; SL 2022, ch 134, 2; SL 2022, ch 136, 3.
34-20G-89. Restrictions on data maintained by medical cannabis establishments. Any information kept or maintained by a medical cannabis establishment may only identify a cardholder by registry identification number and may not contain names or other personal identifying information. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-9. Cultivation facilities and agents not subject to prosecution, search, seizure, penalty, or discipline for certain conduct. No cultivation facility or a cultivation facility agent is subject to prosecution, search, or inspection, except by the department pursuant to 34-20G-69, seizure, or penalty of any kind, or may be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting in accordance with this chapter to:(1)Possess, plant, propagate, cultivate, grow, harvest, produce, process, manufacture, compound, convert, prepare, pack, repack, or store cannabis;(2)Deliver, transfer, or transport cannabis to a testing facility and compensate a testing facility for services provided;(3)Accept cannabis offered by a cardholder or nonresident cardholder if nothing of value is exchanged in return;(4)Purchase or otherwise acquire cannabis from a cultivation facility;(5)Purchase cannabis seeds from a cardholder, nonresident cardholder, or the equivalent of a medical cannabis establishment that is registered in another jurisdiction; or(6)Deliver, sell, supply, transfer, or transport cannabis, cannabis paraphernalia, or related supplies or educational materials to a cultivation facility and dispensary. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-90. Cardholder's request for department to confirm cardholder status to others. At the cardholder's request, the department may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party, such as a landlord, school, medical professional, or court. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-91. Destruction of unused media containing cardholder information. Any department hard drive or other data-recording media that is no longer in use and that contains cardholder information shall be destroyed. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-92. Oversight committee membership.The Executive Board of the Legislative Research Council shall appoint an oversight committee comprised of: one member of the House of Representatives, one member of the Senate, one Division of Criminal Investigation agent, one staff member from the Office of the Attorney General, two representatives of law enforcement, one representative from the department, one practitioner with experience in medical cannabis issues, one nurse, one board member or principal officer of a cannabis testing facility, one person with experience in policy development or implementation in the field of medical cannabis, and three qualifying patients. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 135, 1.
34-20G-93. Oversight committee duties. The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the Legislature and the department regarding:(1)The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical cannabis;(2)The effectiveness of the dispensaries and cultivation facilities, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services by dispensaries, the reasonableness of their prices, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the state's registered qualifying patients;(3)The effectiveness of the cannabis testing facilities, including whether a sufficient number are operating;(4)The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the department to ensure that access to and use of cannabis cultivated is provided only to cardholders;(5)Any recommended additions or revisions to the department regulations or this chapter, including relating to security, safe handling, labeling, and nomenclature; and(6)Any research studies regarding health effects of medical cannabis for patients. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20G-94. Annual report to the Legislature--Information excluded.The department shall report annually to the Legislature on the number of applications for registry identification cards received; the number of qualifying patients and designated caregivers approved; the number of registry identification cards revoked; the number of each type of medical cannabis establishment registered; the expenses incurred and revenues generated from the medical cannabis program; the number of patient cardholders by medical condition; qualifying patient demographics by age and sex; the number and specialty of the practitioners providing written certifications; the number of medical cannabis establishments by type; the number of licensing violations determined by the department; the impact of medical cannabis on public safety, public health, and behavioral health services; any other information regarding the effects of medical cannabis on the public; and any recommendations. The department may not include identifying information on a qualifying patient, designated caregiver, or practitioner in the report. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 136, 1.
34-20G-95. Administration of medical cannabis to students. The Department of Education and the department shall establish policy to allow students who are medical cannabis cardholders to have their medicine administered in school in accordance with their physician's recommendation. This policy shall be implemented the first day of the new school year following passage of this chapter. The departments shall implement substantively identical provisions to Colorado Revised Statute 22-1-119.3 as of January 1, 2019. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
34-20H-1. Definitions.Terms used in this chapter mean:(1)"Medical supply," any product necessary to administer a prescription drug; and(2)"Participating pharmacy," a pharmacy that:(a)Is licensed pursuant to chapter 36-11; and(b)Has provided written notice to the State Board of Pharmacy regarding its intent to accept donated prescription drugs and medical supplies, in accordance with 34-20H-2 to 34-20H-6, inclusive. Source: SL 2022, ch 137, 1.
34-20H-2. Acceptance of donated drugs and suppliesConditions--Prohibitions.Except as otherwise provided in this section, a participating pharmacy may accept a donation of prescriptions drugs and medical supplies if:(1)The drugs and medical supplies are in the original, sealed, and tamper-evident packaging, unless the drugs are in single-unit-dose packaging and the single-unit-dose packaging is unopened; and(2)The expiration date is at least six months after the date of donation, unless the State Board of Pharmacy has determined that the drug or medical supply is in high demand and dispensable before the expiration date.A participating pharmacy may not accept the donation of any controlled substance or any drug that has physical signs of tampering, misbranding, deterioration, compromised integrity, or adulteration.A participating pharmacy may not accept the donation of or distribute any drug subject to the requirements of 21 U.S.C. 355-1(f)(3), as of January 1, 2022. Source: SL 2022, ch 137, 2.
34-20H-3. Inspection requirement.A donated drug or medical supply may not be dispensed until a pharmacist, holding a permit issued in accordance with 36-11-32, has inspected the drug or medical supply and repackaged it, as necessary, for dispensing. Source: SL 2022, ch 137, 3.
34-20H-4. Participating pharmacyRequirements.A participating pharmacy shall:(1)Comply with all applicable federal and state laws regarding the storage and dispensing of any donated drugs and medical supplies;(2)Accept a prescription transferred pursuant to rules promulgated in accordance with chapter 1-26 by the State Board of Pharmacy; and(3)Agree to transfer any donated prescription drug or medical supply in the pharmacys inventory to another licensed pharmacy, for use by a person who meets the eligibility criteria in accordance with 34-20H-7. Source: SL 2022, ch 137, 4.
34-20H-5. Reimbursement.A drug or medical supply that has been donated may not be resold or considered eligible for reimbursement under the medical assistance program, as set forth in chapter 28-6.Nothing in this section requires a health plan or pharmacy benefit manager to be reimbursed for donated drugs or medical supplies. Source: SL 2022, ch 137, 5.
34-20H-6. Fees authorized.A participating pharmacy may charge a fee, in an amount established by the State Board of Pharmacy, for accepting, distributing, or dispensing donated prescription drugs and medical supplies. Source: SL 2022, ch 137, 6.
34-20H-7. Promulgation of rules.The State Board of Pharmacy shall promulgate rules, in accordance with chapter 1-26, to:(1)Establish eligibility criteria for persons to receive donated drugs and medical supplies, provided the criteria:(a)Prioritize persons who are indigent or without insurance coverage; and(b)Permit dispensing to other persons, if the supply of a donated drug or supply exceeds demand;(2)Establish standards and procedures for the acceptance, storage, and dispensing of donated prescription drugs and medical supplies;(3)Establish standards and procedures for the inspection of donated prescription drugs and medical supplies;(4)Establish the fee that a participating pharmacy may charge for accepting, distributing, and dispensing donated prescription drugs and medical supplies, provided the fee does not exceed the reasonable cost incurred by the pharmacy; and(5)Develop and make available any forms necessary for the donation, acceptance, and dispensing of donated drugs and medical supplies. Source: SL 2022, ch 137, 7.
34-20H-8. Criminal prosecution--Civil liability--Exemptions--Immunity.A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug under 34-20H-2 to 34-20H-6, inclusive, nor for any failure to transfer or communicate product information.Any person, other than a drug manufacturer referenced in this section, acting reasonably and in good faith, is not subject to:(1)Criminal prosecution or civil liability, for:(a)The death of, or injury to another person who received a donated prescription drug or medical supply under 34-20H-2 to 34-20H-6, inclusive;(b)Damage to or destruction of property resulting from the donation of a prescription drug or medical supply under  34-20H-2 to 34-20H-6, inclusive; or(2)Disciplinary action for any act or omission related to the donation, acceptance, distribution, or dispensing of a donated prescription or medical supply, in accordance with 34-20H-2 to 34-20H-6, inclusive. Source: SL 2022, ch 137, 8.
34-20H-9. Electronic database of drugs and supplies.The State Board of Pharmacy shall develop and maintain, for use by prescribers and pharmacists, an electronic database that provides a searchable inventory of prescription drugs and medical supplies donated under this chapter.The board shall post a current list of participating pharmacies on the boards website. Source: SL 2022, ch 137, 9.
34-21-1.1. Waste disposal--Approval required--Uranium ore and mine tailings excepted.The containment, disposal, or deposit of high level and nuclear fuel cycle wastes, defense wastes, nuclear wastes, radioactive substances, or radioactively contaminated materials or the processing of high level nuclear wastes may not be established, allowed or permitted within the boundaries of the State of South Dakota, unless prior approval has been granted by the Governor and the Legislature, except that uranium ore or uranium mine tailings are not affected by this section. Low level nuclear wastes may not be disposed of without approval of the department and secretary of agriculture and natural resources and in accordance with regulations promulgated according to this chapter and chapter 34A-6. Source: SL 1977, ch 283; SL 1980, ch 242, 2; SL 1991, ch 17 (Ex. Ord. 91-4), 17; SL 2017, ch 159, 1; SL 2021, ch 1 (Ex. Ord. 21-3),  53, eff. Apr. 19, 2021.
34-21-1. State policy as to uses of radiation and uranium resources.Whereas radiation and uranium resources can be instrumental in the improvement of health, welfare, and productivity of the public if properly utilized and developed, and may impair the health of the people and the industrial and agricultural potentials of the state if improperly utilized or developed, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation, proper development of uranium resources, and control of any associated harmful effects. Source: SL 1957, ch 122, 1; SDC Supp 1960, 27.17A01; SL 1980, ch 242, 1.
34-21-10. Acceptance and administration of loans and grants.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.
34-21-11. Collection and dissemination of information.The agency shall collect and disseminate information relating to the determination and control of radiation exposure hazards. Source: SL 1957, ch 122, 4; SDC Supp 1960, 27.17A04 (5); SL 1967, ch 107, 2.
34-21-12. Adoption and enforcement of rules and regulations.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.
34-21-13. Programs for regulation and inspection--Preoperational environmental radiological monitoring plans.The agency shall develop programs, with due regard for compatibility with federal programs, for regulation and inspection of by-product, source, and special nuclear materials and other sources of radiation. The agency may require persons responsible for facilities which may release radiation to the environment to monitor those facilities for radiation releases to the environment. The agency may require that any government agency, person, private business, industry, or corporation involved in uranium exploration, mining, milling, or processing activities shall develop a preoperational environmental radiological monitoring plan which must be approved by the agency prior to the commencement of any such activity. The preoperational environmental monitoring plan must include background radiological monitoring. Any such plan developed to comply with federal law may be used to comply with this section. Source: SDC Supp 1960, 27.17A04 (17) as added by SL 1967, ch 107, 2; SL 1980, ch 242, 7.
34-21-14. Incidental powers of agency.The agency may exercise all incidental powers necessary to carry out the purposes of this chapter. Source: SL 1957, ch 122, 4; SDC Supp 1960, 27.17A04 (10); SL 1967, ch 107, 2.
34-21-15. Rules and regulations for control of radiation.The agency shall, in compliance with chapter 1-26, prescribe rules or regulations necessary for the control of radiation. Source: SDC Supp 1960, 27.17A04 (12) as added by SL 1967, ch 107, 2; SL 1972, ch 15, 4.
34-21-16. Unauthorized use of radioactive materials as misdemeanor.It is a Class 1 misdemeanor for any person to produce radiation, or to produce, use, store, or dispose of radioactive materials, except in accordance with the provisions of this chapter and rules and regulations promulgated thereunder. Source: SL 1957, ch 122, 5; SDC Supp 1960, 27.17A05; SL 1967, ch 107, 3; SL 1977, ch 190, 52.
34-21-17. Opinions on construction plans--Information from federal and private entities.The agency, upon request, shall render opinions concerning plans and specifications on the design and shielding for radiation sources that may be submitted before or after construction, for the purpose of determining the possible radiation hazard. The agency shall request that the United States Nuclear Regulatory Commission or other federal agencies submit information pertinent to uranium mining, milling, and exploratory activities to the Department of Agriculture and Natural Resources before those activities commence for the purposes of evaluating the potential for release of radiation to the environment. This information may also be submitted by any person, private business, industry, or corporation involved in uranium mining, milling, and exploration. Source: SL 1957, ch 122, 4; SDC Supp 1960, 27.17A04 (8); SL 1967, ch 107, 2; SL 1980, ch 242, 8; SL 2021, ch 1 (Ex. Ord. 21-3),  53, eff. Apr. 19, 2021.
34-21-18. Licensing of ionizing radiation sources--Fees.The Department of Health may require licensing of all sources of ionizing radiation. The annual license shall be accompanied by an annual license fee. The annual license fee shall be as follows:(1)One diagnostic X ray system, one hundred dollars;(2)Two to five diagnostic X ray systems, inclusive, one hundred fifty dollars;(3)Six to ten diagnostic X ray systems, inclusive, two hundred dollars;(4)Eleven to twenty diagnostic X ray systems, inclusive, two hundred fifty dollars; and(5)Twenty-one or more diagnostic X ray systems, three hundred dollars.For the purposes of this section, diagnostic X ray system means an X ray system designed for irradiation of any part of the human or animal body for the purpose of diagnosis or visualization. Source: SDC Supp 1960, 27.17A04 (18) as added by SL 1967, ch 107, 2; SL 2004, ch 233, 1; SL 2009, ch 164, 5.
34-21-19. Rules and regulations for licensing of nuclear materials and equipment.The agency, upon recommendation of the Board of Minerals and Environment, shall, in compliance with chapter 1-26, provide by rules or regulations for general or specific licensing of by-product, source, and special nuclear materials, or devices or equipment utilizing those materials. The rules or regulations shall provide for amendment, suspension, or revocation of licenses, subject to chapter 1-26. Source: SDC Supp 1960, 27.17A04 (16) as added by SL 1967, ch 107, 2; SL 1980, ch 242, 9.
34-21-2. Definition of terms.Terms used in this chapter mean:(1)By-product material, any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;(2)General license, a license effective pursuant to regulations promulgated by the agency, without the filing of any application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially;(3)Nuclear energy, all forms of energy released in the course of nuclear fission or nuclear transformation;(4)Person, any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto;(5)Radiation machine, any device that produces radiations when the associated control devices are activated;(6)Radiation or ionizing radiation, gamma rays or X rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light;(7)Radioactive material, any material, solid, liquid, or gas which emits radiation spontaneously;(8)Source material:(a)Uranium, thorium, or any other material which the agency declares by order to be source material. United States Nuclear Regulatory Commission determination that a material is a source material shall be considered as evidence in the agency declaration; or(b)Ores containing one or more of the foregoing materials, in such concentration as the agency declares by order to be source material. United States Nuclear Regulatory Commission determination that a material is a source material shall be considered as evidence in the agency declaration;(9)Sources of ionizing radiation, any radioactive materials or any device or equipment emitting or capable of producing ionizing radiation;(10)Special nuclear material:(a)Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the agency declares by order to be special nuclear material. United States Nuclear Regulatory Commission determination that a material is special nuclear material shall be considered as evidence in the agency declaration; or(b)Any material artificially enriched by any of the foregoing, but does not include source material;(11)Specific license, a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially. Source: SL 1957, ch 122, 2; SDC Supp 1960, 27.17A02; SL 1967, ch 107, 1; SL 1978, ch 250, 1, 2; SL 1994, ch 351, 62.
34-21-20. Registration or licensing required for handling of radioactive materials--Misdemeanor--Exemption of materials without hazard.It is a Class 1 misdemeanor for any person to produce radiation, or to produce, transport, transfer, receive, acquire, possess, use, store, or dispose of radioactive materials, unless the person registers in writing with the secretary or obtains a license from the secretary in accordance with the procedures prescribed by such secretary. The secretary may exempt from registration or licensing radiation machines or radioactive materials known to be without hazard. Source: SL 1957, ch 122, 5; SDC Supp 1960, 27.17A05; SL 1967, ch 107, 3; SL 1977, ch 190, 53.
34-21-21. Recognition of other state or federal licenses--Previously issued federal license.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.
34-21-22. Notice to secretary of extension or alteration of program by registrant or licensee--Failure to notify as misdemeanor.It is a Class 1 misdemeanor for any person registered or licensed with the agency pursuant to 34-21-20 to modify, extend, or alter programs involving the production of radiation or the production, use, storage, or disposal of radioactive materials unless he notifies the secretary in accordance with procedures prescribed by the secretary. Source: SL 1957, ch 122, 5; SDC Supp 1960, 27.17A05; SL 1967, ch 107, 3; SL 1977, ch 190, 54.
34-21-23. Unauthorized exposure to diagnostic or therapeutic radiation as misdemeanor.It is a Class 1 misdemeanor for any person to expose any other person to diagnostic or therapeutic radiation unless:(1)The person giving diagnostic or therapeutic radiation is licensed to practice the healing art or is a duly licensed dentist in the State of South Dakota;(2)The person gives diagnostic or therapeutic radiation exposure upon the direction of a person licensed to practice the healing art or a duly licensed dentist in the State of South Dakota. Source: SL 1957, ch 122, 6; SDC Supp 1960, 27.17A06; SL 1977, ch 190, 55.
34-21-24. Records required with respect to ionizing radiation sources and environmental monitoring.The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and any other records as the agency may require subject to any exemptions provided by rules or regulations. Records shall be kept relating to any environmental monitoring of radiation and shall be submitted to the agency on request. Source: SDC Supp 1960, 27.17A04 (19) as added by SL 1967, ch 107, 2; SL 1980, ch 242, 10.
34-21-25. Individual exposure records for ionizing radiation.The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules and regulations of the agency. Source: SDC Supp 1960, 27.17A04 (20) as added by SL 1967, ch 107, 2.
34-21-26. Records submitted to agency on request.Copies of the records required to be kept by 34-21-24 and 34-21-25 shall be submitted to the agency on request. Source: SDC Supp 1960, 27.17A04 (20) as added by SL 1967, ch 107, 2.
34-21-27. Individual exposure records furnished to employees.Any person possessing or using a source of ionizing radiation shall furnish to each employee, for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, at any time such employee has received excessive exposure, and upon termination of employment. Source: SDC Supp 1960, 27.17A04 (20) as added by SL 1967, ch 107, 2.
34-21-28. Access of agency personnel to premises for inspection and investigations--Examination and maintenance of records.The agency or its authorized representative may enter at reasonable times upon any private or public property for the purpose of inspecting, monitoring, and investigating conditions relative to the purposes of this chapter.Any authorized representative of the agency may examine any records or memoranda pertaining to the operation of radiation machines, exposure to radioactive materials, and exposures to radiation related to uranium mining and milling. The agency shall require the maintenance of records relating to the operation of disposal systems which may include mining and milling wastes. Copies of those records must be submitted to the agency. Source: SL 1957, ch 122, 8; SDC Supp 1960, 27.17A08; SL 1980, ch 242, 11.
34-21-29. Inspection of radiation sources to evaluate compliance--Upgrading monitoring program.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.
34-21-3. Governor's agreement for discontinuance of federal responsibility--Funds available for establishment of protection program.The Governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for the discontinuance of certain of the federal government's responsibilities with respect to sources of radiation and assumption thereof by this state. This authority for the Governor to enter into an agreement with the environmental protection agency is granted only under the condition that funds are made available for the establishment of an adequate radiation protection program within the agency prior to the signing of this agreement. Source: SDC Supp 1960, 27.17A09 as added by SL 1967, ch 107, 4.
34-21-30. Inspections for radiation hazards--Report to operator.The agency may make inspections of radiation sources, shielding, and immediate surroundings for the determination of any possible radiation hazard; and shall provide the owner, user, or operator thereof with a report of any known or suspected deficiencies. Source: SL 1957, ch 122, 4; SDC Supp 1960, 27.17A04 (9); SL 1967, ch 107, 2.
34-21-31. Orders abating discharge of radioactive material.The agency may, subject to chapter 1-26, issue, modify or revoke orders prohibiting or abating the discharge of radioactive material or waste into the ground, air, or waters of the state in accordance with the provisions of this chapter and rules and regulations adopted thereunder. Source: SL 1957, ch 122, 4; SDC Supp 1960, 27.17A04 (7); SL 1967, ch 107, 2; SL 1972, ch 15, 4.
34-21-32. Impounding of radiation sources for violations.The agency shall have authority, subject to chapter 1-26, to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provision of this chapter or any rules or regulations issued hereunder. Source: SDC Supp 1960, 27.17A04 (15) as added by SL 1967, ch 107, 2; SL 1972, ch 15, 4.
34-21-33. Files maintained by agency.The agency shall maintain a file of:(1)All license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, revocations, and any administrative or judicial action pertaining thereto;(2)Registrants possessing sources of ionizing radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto;(3)All rules and regulations relating to regulation of sources of ionizing radiation, pending, or promulgated, and proceedings thereon; and(4)All monitoring data gathered by or submitted to the agency. Source: SDC Supp 1960, 27.17A04 (14) as added by SL 1967, ch 107, 2; SL 1980, ch 242, 13.
34-21-34. Procedure on license matters.In any proceeding under this chapter for the granting, suspending, revoking, or amending any license, the agency shall be subject to chapter 1-26. Source: SL 1967, ch 107, 5 (a); SL 1972, ch 15, 4.
34-21-35. Notice of suspected violations--Opportunity for hearing.When the agency, or any of its duly authorized agents, determines that there are reasonable grounds to believe a violation of the provisions of this chapter or of the rules and regulations of the agency has occurred, the director of the agency shall give notice and opportunity for hearing pursuant to chapter 1-26. Source: SL 1967, ch 107, 5 (b); SL 1972, ch 15, 4.
34-21-36. Order finding violation--Forwarding to violator.If a hearing is not requested within fifteen days after the receipt of the notice given pursuant to 34-21-35, the agency shall issue its order finding that the violation of the chapter or the rules and regulations of the agency has or has not occurred, and shall forthwith forward a copy of such order by registered or certified mail to said person. Such order shall be final and may not be appealed from. Source: SL 1967, ch 107, 5 (b); SL 1972, ch 15, 3.
34-21-37. Hearing on suspected violation--Hearing officers.If a hearing is requested after notice given pursuant to 34-21-35, such hearing shall be held in compliance with chapter 1-26 within thirty days after the receipt of the request for hearing. Hearings may be conducted by the secretary or hearing officers appointed by the agency. Such hearing officers shall be persons who are not regular employees of the agency. Source: SL 1967, ch 107, 5 (b); SL 1972, ch 15, 4.
34-21-38. Findings and decision.On the basis of the evidence produced at a hearing pursuant to 34-21-37, the secretary or hearing officer shall, in compliance with chapter 1-26, make and promulgate findings, a decision and, if appropriate, an order. Source: SL 1967, ch 107, 5 (b); SL 1972, ch 15, 3, 4.
34-21-39. Emergency order to protect public health and safety--Immediate effect.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).
34-21-4.1. Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all healing arts to secretary of Department of Health.The authority and function of the Department of Water and Natural Resources and the Board of Minerals and Environment as it related to the enforcement of radiation safety control activities and measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of medicine, chiropractic, podiatry, dentistry, veterinary, and all the healing arts are transferred to the secretary of the Department of Health. The secretary of health shall perform and carry out all the functions and duties relative to the enforcement of radiation safety control activities and measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of medicine, chiropractic, podiatry, dentistry, veterinary, and all the healing arts including, but not limited to, the authority for requiring the taking out of licenses for devices and sources and the authority to adopt, promulgate and enforce rules as may be necessary to implement or effectuate the powers and duties of the department. Source: SL 1987, ch 393 (Ex. Ord. 87-4), 18.
34-21-40. Hearing on emergency order--Finality of order.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).
34-21-41. Appeal from agency order or determination.An appeal may be taken from any final order or final determination of the agency as provided by chapter 1-26. Source: SL 1967, ch 107, 5 (d); SL 1972, ch 15, 4.
34-21-44. Violation as misdemeanor--Injunction--Each day as separate violation.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.
34-21-45. Injunction proceedings brought by attorney general.It shall be the duty of the attorney general on the request of the agency to bring any action for an injunction against any person violating the provisions of this chapter, or violating any rule or order of the agency. Source: SL 1957, ch 122, 9; SDC Supp 1960, 27.9959.
34-21-46. Chapter supplementary to other legislation.This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary thereto, except to the extent that the same are in direct conflict herewith. Source: SL 1957, ch 122, 10; SDC Supp 1960, 27.17A09; SL 1967, ch 107, 4.
34-21-47. Notice by federal agency prior to transmitting waste.Any agency of the United States government shall notify the Governor before transporting any radioactive waste through the state. Source: SL 1980, ch 243, 1.
34-21-48. Time for notice.The notice required in 34-21-47 shall be delivered, in writing, at least seventy-two hours before the transporting occurs. Source: SL 1980, ch 243, 2.
34-21-49. Transportation without timely notice prohibited.Unless the terms of 34-21-47 and 34-21-48 are complied with no radioactive waste may be transported through the state. Source: SL 1980, ch 243, 3.
34-21-5. Employment of personnel by agency--Delegation of functions.In accordance with the laws of the state, the agency may employ, compensate, and prescribe the powers and duties of such persons as may be necessary to carry out the provisions of this chapter.The secretary may delegate to officers and employees of the agency such functions, duties, and authority as are vested in the agency by this chapter; except the authority to adopt and promulgate standards, rules, and regulations, and to issue or modify orders. Source: SL 1957, ch 122, 3; SDC Supp 1960, 27.17A03.
34-21-50. Investigation of waste disposal applicants located within fifty miles of state borders.If any application is filed with any local, state, or federal agency for a permit for any facility or operation for the transportation, storage, treatment, or disposal of radioactive waste or hazardous waste within fifty miles of the borders of the State of South Dakota, which may pose a threat to the natural or financial resources of the state, the attorney general, with the assistance of the Department of Agriculture and Natural Resources, shall investigate the background of the applicant pursuant to 34-21-51. Source: SL 1990, ch 272, 1; SL 1991, ch 17 (Ex. Ord. 91-4), 17; SL 2021, ch 1 (Ex. Ord. 21-3),  53, eff. Apr. 19, 2021.
34-21-51. Investigation objectives.The investigation required in 34-21-50 shall ascertain whether the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has, during the previous ten years:(1)Been convicted of or pled guilty to any violation of federal or state law pertaining to the transportation, storage, treatment, or disposal of low-level radioactive waste or hazardous waste; or(2)Violated the conditions of any permit granted by a state or federal agency for the transportation, storage, treatment, or disposal of low-level radioactive waste or hazardous waste.The investigation shall also ascertain to the extent reasonably possible whether the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has demonstrated its inability to safely provide for the transportation, storage, treatment, or disposal of low-level radioactive waste or hazardous waste. Source: SL 1990, ch 272, 2, 2A.
34-21-52. Felony convictions or permit violations by applicant may result in legal actions.If the investigation required in 34-21-50 and 34-21-51 finds that the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has been convicted of a felony as provided in 34-21-50, or has violated any permit, as provided in 34-21-51, the attorney general shall take steps to ensure that the information is brought to the attention of the appropriate board or commission and shall take such legal action he believes to be appropriate. Source: SL 1990, ch 272, 3.
34-21-6. Training programs to qualify personnel--Participation in federal and interstate programs.The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter, and may make personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter. Source: SDC Supp 1960, 27.17A04 (11) as added by SL 1967, ch 107, 2.
34-21-7. Development of comprehensive policies and programs.The agency shall develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation, the development of uranium resources, and the natural occurrences of radiation and for their mitigation. Source: SL 1957, ch 122, 4; SDC Supp 1960, 27.17A04 (1); SL 1967, ch 107, 2; SL 1980, ch 242, 3.
34-21-8. Investigations and research in radiation problems and monitoring.The agency may encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation hazards, measurement of radiation, effects on health of exposure to radiation, monitoring of radiation levels in the environment and related problems as it may deem necessary or advisable for the discharge of its duties under this chapter. Source: SL 1957, ch 122, 4; SDC Supp 1960, 27.17A04 (4); SL 1967, ch 107, 2; SL 1980, ch 242, 4.
34-21-9. Consultation and cooperation with federal, public and other agencies.The agency shall advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter and to avoid duplication of effort. Source: SL 1957, ch 122, 4; SDC Supp 1960, 27.17A04 (2); SL 1967, ch 107, 2; SL 1980, ch 242, 5.
  34-21B-2.   Superseded.
34-21B-3. Southwestern Low-Level Radioactive Waste Disposal Compact.The Legislature of the State of South Dakota hereby enacts and ratifies the agreement set forth in this section and designates this compact as the "Southwestern Low-Level Radioactive Waste Disposal Compact," which is entered into pursuant to the Low-Level Radioactive Waste Policy Act, 42 U.S.C. 2021b to 2021d, inclusive. This compact shall become effective in accordance with article 7 of the compact as set forth in this section.The provisions of the southwestern low-level radioactive waste disposal compact are as follows:ARTICLE 1. COMPACT POLICY AND FORMATIONThe party states hereby find and declare all of the following:(A)The United States Congress, by enacting the Low-Level Radioactive Waste Policy Act, Public Law 96-573, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. 2021b to 2021j, inclusive), has encouraged the use of interstate compacts to provide for the establishment and operation of facilities for regional management of low-level radioactive waste.(B)It is the purpose of this compact to provide the means for such a cooperative effort between or among party states to protect the citizens of the states and the states' environments.(C)It is the policy of party states to this compact to encourage the reduction of the volume of low-level radioactive waste requiring disposal within the compact region.(D)It is the policy of the party states that the protection of the health and safety of their citizens and the most ecological and economical management of low-level radioactive wastes can be accomplished through cooperation of the states by minimizing the amount of handling and transportation required to dispose of these wastes and by providing facilities that serve the compact design.(E)Each party state, if an agreement state pursuant to 2021 of title 42 of the United States Code, or the nuclear regulatory commission if not an agreement state, is responsible for the primary regulation of radioactive materials within its jurisdiction.ARTICLE 2. DEFINITIONSAs used in this compact, unless the context clearly indicates otherwise, the following definitions apply:(A)"Commission," means the southwestern low-level radioactive waste commission established in article 3 of this compact.(B)"Compact region" or "region," means the combined geographical area within the boundaries of the party states.(C)"Disposal," means the permanent isolation of low-level radioactive waste pursuant to requirements established by the nuclear regulatory commission and the environmental protection agency under applicable laws, or by a party state if that state hosts a disposal facility.(D)"Generate," when used in relation to low-level radioactive waste, means to produce low-level radioactive waste.(E)"Generator," means a person whose activity, excluding the management of low-level radioactive waste, results in the production of low-level radioactive waste.(F)"Host county," means a county, or other similar political subdivision of a party state, in which a regional disposal facility is located or being developed.(G)"Host state," means a party state in which a regional disposal facility is located or being developed. The state of California is the host state under this compact for the first thirty years from the date the California regional disposal facility commences operations.(H)"Institutional control period," means that period of time in which the facility license is transferred to the disposal site owner in compliance with the appropriate regulations for long-term observation and maintenance following the post-closure period. (I)"Low-level radioactive waste," means regulated radioactive material that meets all of the following requirements.(1)The waste is not high-level radioactive waste, spent nuclear fuel, or by-product material (as defined in section 11e(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).(2)The waste is not uranium mining or mill tailings.(3)The waste is not any waste for which the federal government is responsible pursuant to subdivision (b) of section 3 of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. 2021c(b)).(4)The waste is not an alpha emitting transuranic nuclide with a half-life greater than five years and with a concentration greater than one hundred nanocuries per gram, or plutonium-241 with a concentration greater than three thousand five hundred nanocuries per gram, or curium-242 with a concentration greater than twenty thousand nanocuries per gram.(J)"Management," means collection, consolidation, storage, packaging, or treatment.(K)"Major generator state," means a party state which generates ten percent of the total amount of low-level radioactive waste produced within the compact region and disposed of at the regional disposal facility. If no party state other than California generates at least ten percent of the total amount, "major generator state" means the party state which is second to California in the amount of waste produced within the compact region and disposed of at the regional disposal facility.(L)"Operator," means a person who operates a regional disposal facility.(M)"Party state," means any state that has become a party in accordance with article 7 of this compact.(N)"Person," means an individual, corporation, partnership, or other legal entity, whether public or private.(O)"Postclosure period," means that period of time after completion of closure of a disposal facility during which the licensee shall observe, monitor, and carry out necessary maintenance and repairs at the disposal facility to assure that the disposal facility will remain stable and will not need ongoing active maintenance. This period ends with the beginning of the institutional control period.(P)"Regional disposal facility," means a nonfederal low-level radioactive waste disposal facility established and operated under this compact.(Q)"Site closure and stabilization," means the activities of the disposal facility operator taken at the end of the disposal facility's operating life to assure the continued protection of the public from any residual radioactive or other potential hazards present at the disposal facility.(R)"Transporter," means a person who transports low-level radioactive waste.(S)"Uranium mine and mill tailings," means waste resulting from mining and processing of ores containing uranium.ARTICLE 3. THE COMMISSION(A) There is hereby established the southwestern low-level radioactive waste commission.(1)The commission shall consist of one voting member from each party state to be appointed by the governor, confirmed by the senate of the party state, and to serve at the pleasure of the governor of each party state, and one voting member from the host county. The appointing authority of each party state shall notify the commission in writing of the identity of the member and of any alternates. An alternate may act in the member's absence. (2)The host state shall also appoint that number of additional voting members of the commission which is necessary for the host state's members to compose at least fifty-one percent of the membership on the commission. The host state's additional members shall be appointed by the host state governor and confirmed by the host state senate.If there is more than one host state, only the state in which is located the regional disposal facility actively accepting low-level radioactive waste pursuant to this compact may appoint these additional members.(3)If the host county has not been selected at the time the commission is appointed, the governor of the host state shall appoint an interim local government member, who shall be an elected representative of a local government. After a host county is selected, the interim local government member shall resign and the governor shall appoint the host county member pursuant to paragraph (4) of this subdivision.(4)The governor shall appoint the host county member from a list of at least seven candidates compiled by the board of supervisors of the host county.(5)In recommending and appointing the host county member pursuant to paragraph (4) of this subdivision, the board of supervisors and the governor shall give first consideration to recommending and appointing the member of the board of supervisors in whose district the regional disposal facility is located or being developed. If the board of supervisors of the host county does not provide a list to the governor of at least seven candidates from which to choose, the governor shall appoint a resident of the host county as the host county member.(6)The host county member is subject to confirmation by the senate of that party state and shall serve at the pleasure of the governor of the host state.(B) The commission is a legal entity separate and distinct from the party states and shall be so liable for its actions. Members of the commission shall not be personally liable for actions taken in their official capacity. The liabilities of the commission shall not be deemed liabilities of the party states.(C) The commission shall conduct its business affairs pursuant to the laws of the host state and disputes arising out of commission action shall be governed by the laws of the host state. The commission shall be located in the capital city of the host state in which the regional disposal facility is located.(D) The commission's records shall be subject to the host state's public records law, and the meetings of the commission shall be open and public in accordance with the host state's open meeting law.(E) The commission members are public officials of the appointing state and shall be subject to the conflict of interest laws, as well as any other law, of the appointing state. The commission members shall be compensated according to the appointing state's law.(F) Each commission member is entitled to one vote. A majority of the commission constitutes a quorum. Unless otherwise provided in this compact, a majority of the total number of votes on the commission is necessary for the commission to take any action.(G) The commission has all of the following duties and authority:(1)The commission shall do, pursuant to the authority granted by this compact, whatever is reasonably necessary to ensure that low-level radioactive wastes are safely disposed of and managed within the region.(2)The commission shall meet at least once a year and otherwise as business requires.(3)The commission shall establish a compact surcharge to be imposed upon party state generators. The surcharge shall be based upon the cubic feet of low-level radioactive waste and the radioactivity of the low-level radioactive waste and shall be collected by the operator of the disposal facility. The host state shall set, and the commission shall impose, the surcharge after congressional approval of the compact. The amount of the surcharge shall be sufficient to establish and maintain at a reasonable level funds for all of the following purposes:(a)The activities of the commission and commission staff.(b)At the discretion of the host state, a third-party liability fund to provide compensation for injury to persons or property during the operational, closure, stabilization, and postclosure and institutional control periods of the regional disposal facility. This subparagraph does not limit the responsibility or liability of the operator, who shall comply with any federal or host state statutes or regulations regarding third-party liability claims.(c)A local government reimbursement fund, for the purpose of reimbursing the local government entity or entities hosting the regional disposal facility for any costs or increased burdens on the local governmental entity for services, including, but not limited to, general fund expenses, the improvement and maintenance of roads and bridges, fire protection, law enforcement, monitoring by local health officials, and emergency preparation and response related to the hosting of the regional disposal facility.(4)The surcharges imposed by the commission for purposes of subparagraphs (b) and (c) of paragraph (3) of this subdivision and surcharges pursuant to paragraph (3) of subdivision (E) of article 4 of this compact shall be transmitted on a monthly basis to the host state for distribution to the proper accounts.(5)The commission shall establish a fiscal year which conforms to the fiscal years of the party states to the extent possible.(6)The commission shall keep an accurate account of all receipts and disbursements. An annual audit of the books of the commission shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the commission.(7)The commission shall prepare and include in the annual report a budget showing anticipated receipts and disbursements for the subsequent fiscal year.(8)The commission may accept any grants, equipment, supplies, materials, or services, conditional or otherwise, from the federal or state government. The nature, amount and condition, if any, of any donation, grant, or other resources accepted pursuant to this paragraph and the identity of the donor or grantor shall be detailed in the annual report of the commission.However, the host state shall receive, for the uses specified in subparagraph (E) of paragraph (2) of subsection (d) of section 2021e of title 42 of the United States Code, any payments paid from the special escrow account for which the secretary of energy is trustee pursuant to subparagraph (A) of paragraph (2) of subsection (d) of section 2021e of title 42 of the United States Code.(9)The commission shall submit communications to the governors and the presiding officers of the legislatures of the party states regarding the activities of the commission, including an annual report to be submitted on or before January fifteenth of each year. The commission shall include in the annual report a review of, and recommendations for, low-level radioactive waste disposal methods which are alternative technologies to the shallow land burial of low-level radioactive waste.(10)The commission shall assemble and make available to the party states, and to the public, information concerning low-level radioactive waste management needs, technologies and problems.(11)The commission shall keep a current inventory of all generators within the region, based upon information provided by the party states. (12)The commission shall keep a current inventory of all regional disposal facilities, including information on the size, capacity, location, specific low-level radioactive wastes capable of being managed, and the projected useful life and each regional disposal facility.(13)The commission may establish advisory committees for the purpose of advising the commission on the disposal and management of low-level radioactive waste.(14)The commission may enter into contracts to carry out its duties and authority, subject to projected resources. No contract made by the commission shall bind a party state.(15)The commission shall prepare contingency plans, with the cooperation and approval of the host state, for the disposal and management of low-level radioactive waste in the event that any regional disposal facility should be closed.(16)The commission may sue and be sued and, when authorized by a majority vote of the members, may seek to intervene in an administrative or judicial proceeding related to this compact.(17)The commission shall be managed by an appropriate staff, including an executive director. Notwithstanding any other provision of law, the commission may hire or retain, or both, legal counsel.(18)The commission may, subject to applicable federal and state laws, recommend to the appropriate host state authority suitable land and rail transportation routes for low-level radioactive waste carriers.(19)The commission may enter into an agreement to import low-level radioactive waste into the region only if both of the following requirements are met:(a)The commission approves the importation agreement by a two-thirds vote of the commission.(b)The commission and the host state assess the affected regional disposal facilities' capability to handle imported low-level radioactive wastes and any relevant environmental or economic factors, as defined by the host state's appropriate regulatory authorities.(20)The commission may, upon petition, allow an individual generator, a group of generators, or the host state of the compact, to export low-level radioactive wastes to a low-level radioactive waste disposal facility located outside the region. The commission may approve the petition only by a two-thirds vote of the commission. The permission to export low-level radioactive wastes shall be effective for that period of time and for the amount of low-level radioactive waste, and subject to any other term or condition, which may be determined by the commission.(21)The commission may approve, only by a two-thirds vote of the commission, the exportation outside the region of material, which otherwise meets the criteria of low-level radioactive waste, if the sole purpose of the exportation is to process the material for recycling.(22)The commission shall, not later than ten years before the closure of the initial or subsequent regional disposal facility, prepare a plan for the establishment of the next regional disposal facility.ARTICLE 4. RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS OF PARTY STATES(A) There shall be regional disposal facilities sufficient to dispose of the low-level radioactive waste generated within the region.(B) Low-level radioactive waste generated within the region shall be disposed of at regional disposal facilities and each party state shall have access to any regional disposal facility without discrimination.(C)(1) Upon the effective date of this compact, the state of California shall serve as the host state and shall comply with the requirements of subdivision (E) of this article for at least thirty years from the date the regional disposal facility begins to accept low-level radioactive waste for disposal. The extension of the obligation and duration shall be at the option of the state of California. If the state of California does not extend this obligation, the party state, other than the state of California, which is the largest major generator state shall then serve as the host state for the second regional disposal facility.The obligation of a host state which hosts the second regional disposal facility shall also run for thirty years from the date the second regional disposal facility begins operations.(2)The host state may close its regional disposal facility when necessary for public health or safety.(D) The party states of this compact cannot be members of another regional low-level radioactive waste compact entered into pursuant to the low-level radioactive waste policy act, as amended by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (42 U.S.C. 2021b to 2021j, inclusive).(E) A host state shall do all of the following:(1)Cause a regional disposal facility to be developed on a timely basis.(2)Ensure by law, consistent with any applicable federal laws, the protection and preservation of public health and safety in the siting, design, development, licensing, regulation, operation, closure, decommissioning, and long-term care of the regional disposal facilities within the state.(3)Ensure that charges for disposal of low-level radioactive waste at the regional disposal facility are reasonably sufficient to do all of the following:(a)Ensure the safe disposal of low-level radioactive waste and long-term care of the regional disposal facility.(b)Pay for the cost of inspection, enforcement, and surveillance activities at the regional disposal facility.(c)Assure that charges are assessed without discrimination as to the party state of origin.(4)Submit an annual report to the commission on the status of the regional disposal facility including projections of the facility's anticipated future capacity.(5)The host state and the operator shall notify the commission immediately upon the occurrence of any event which could cause a possible temporary or permanent closure of a regional disposal facility.(F) Each party state is subject to the following duties and authority:(1)To the extent authorized by federal law, each party state shall develop and enforce procedures requiring low-level radioactive waste shipments originating within its borders and destined for a regional disposal facility to conform to packaging and transportation requirements and regulations. These procedures shall include, but are not limited to, all of the following requirements:(a)Periodic inspections of packaging and shipping practices.(b)Periodic inspections of low-level radioactive waste containers while in the custody of transporters.(c)Appropriate enforcement actions with respect to violations.(2)A party state may impose a surcharge on the low-level radioactive waste generators within the state to pay for activities required by paragraph (1) of this subdivision.(3)To the extent authorized by federal law, each party state shall, after receiving notification from a host state that a person in a party state has violated packaging, shipping, or transportation requirements or regulations, take appropriate actions to ensure that these violations do not continue. Appropriate actions may include, but are not limited to, requiring that a bond be posted by the violator to pay the cost of repackaging at the regional disposal facility and prohibit future shipments to the regional disposal facility. (4)Each party state shall maintain a registry of all generators within the state that may have low-level radioactive waste to be disposed of at a regional disposal facility, including, but not limited to, the amount of low-level radioactive waste and the class of low-level radioactive waste generated by each generator.(5)Each party state shall encourage generators within its borders to minimize the volume of low-level radioactive waste requiring disposal.(6)Each party state may rely on the good faith performance of the other party states to perform those acts which are required by this compact to provide regional disposal facilities, including the use of the regional disposal facilities in a manner consistent with this compact.(7)Each party state shall provide the commission with any data and information necessary for the implementation of the commission's responsibilities, including taking those actions necessary to obtain this data or information.(8)Each party state shall agree that only low-level radioactive waste generated within the jurisdiction of the party states shall be disposed of in the regional disposal facility, except as provided in paragraph (19) of subdivision (G) of article 3 of this compact.(9)Each party state shall agree that if there is any injury to persons or property resulting from the operation of a regional disposal facility, the damages resulting from the injury may be paid from the third-party liability fund pursuant to subparagraph (b) of paragraph (3) of subdivision (G) of article 3 of this compact, only to the extent that the damages exceed the limits of liability insurance carried by the operator. No party state, by joining this compact, assumes any liability resulting from the siting, operation, maintenance, long-term care, or other activity relating to a regional facility, and no party state shall be liable for any harm or damage resulting from a regional facility not located within the state.ARTICLE 5. APPROVAL OF REGIONAL FACILITIESA regional disposal facility shall be approved by the host state in accordance with its laws. This compact does not confer any authority on the commission regarding the siting, design, development, licensure, or other regulation, or the operation, closure, decommissioning, or long-term care of, any regional disposal facility within a party state.ARTICLE 6. PROHIBITED ACTS AND PENALTIES(A) No person shall dispose of low-level radioactive waste within the region unless the disposal is at a regional disposal facility, except as otherwise provided in paragraphs (20) and (21) of subdivision (G) of article 3 of this compact.(B) No person shall dispose of or manage any low-level radioactive waste within the region unless the low-level radioactive waste was generated within the region, except as provided in paragraphs (19), (20), and (21) of subdivision (G) of article 3 of this compact.(C) Violations of this section shall be reported to the appropriate law enforcement agency within the party state's jurisdiction.(D) Violations of this section may result in prohibiting the violator from disposing of low-level radioactive waste in the regional disposal facility, as determined by the commission or the host state.ARTICLE 7. ELIGIBILITY, ENTRY INTO EFFECT, CONGRESSIONAL CONSENT, WITHDRAWAL, EXCLUSION(A) The states of Arizona, North Dakota, South Dakota, and California are eligible to become parties to this compact. Any other state may be made eligible by a majority vote of the commission and ratification by the legislatures of all of the party states by statute, and upon compliance with those terms and conditions for eligibility which the host state may establish. The host state may establish all terms and conditions for the entry of any state, other than the states named in this subparagraph, as a member of this compact. (B) Upon compliance with the other provisions of this compact, an eligible state may become a party state by legislative enactment of this compact or by executive order of the governor of the state adopting this compact. A state becoming a party state by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened after the executive order is issued, unless before the adjournment the legislature enacts this compact.(C) A party state, other than the host state, may withdraw from the compact by repealing the enactment of this compact, but this withdrawal shall not become effective until two years after the effective date of the repealing legislation. If a party state which is a major generator of low-level radioactive waste voluntarily withdraws from the compact pursuant to this subdivision, that state shall make arrangements for the disposal of the other party states' low-level radioactive waste for a time period equal the period of time it was a member of this compact.If the host state withdraws from the compact, the withdrawal shall not become effective until five years after the effective date of the repealing legislation.(D) A party state may be excluded from this compact by a two-thirds vote of the commission members, acting in a meeting, if the state to be excluded has failed to carry out any obligations required by compact.(E) This compact shall take effect upon the enactment by statute by the legislature of the state of California and at least one other eligible state and upon the consent of congress and shall remain in effect until otherwise provided by federal law. This compact is subject to review by congress and the withdrawal of the consent of congress every five years after its effective date, pursuant to federal law.ARTICLE 8. CONSTRUCTION AND SEVERABILITY(A) The provisions of this compact shall be broadly construed to carry out the purposes of the compact, but the sovereign powers of a party state shall not be infringed unnecessarily.(B) This compact does not affect any judicial proceeding pending on the effective date of this compact.(C) If any provision of this compact or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the compact which can be given effect without the invalid provision or application, and to this end the provisions of this compact are severable.(D) Nothing in this compact diminishes or otherwise impairs the jurisdiction, authority, or discretion of either of the following:(1)The nuclear regulatory commission pursuant to the Atomic Energy Act of 1954, as amended to January 1, 1989 (42 U.S.C. 2011 et seq.).(2)An agreement state under section 274 of the Atomic Energy Act of 1954, as amended to January 1, 1989 (42 U.S.C. 2021).(E) Nothing in this compact confers any new authority on the states or commission to do any of the following:(1)Regulate the packaging or transportation of low-level radioactive waste in a manner inconsistent with the regulations of the nuclear regulatory commission or the United States department of transportation.(2)Regulate health, safety, or environmental hazards from source, by-product, or special nuclear material.(3)Inspect the activities of licensees of the agreement states or of the nuclear regulatory commission. Source: SL 1989, ch 295, 2.
34-21C-1. Definition of terms.Terms used in this chapter mean:(1)"Facility approved by the state," a facility for which there is a license, permit, letter of agreement, or other means by which the state officially accepts the treatment, storage, recycling, incineration, or disposal method for radioactive materials. Such approval shall include certification by the appropriate state agencies that the facility complies with all applicable state and federal laws and regulations pertaining to radioactive and hazardous materials and wastes, air and water pollution control, and any other environmental and fiscal responsibility laws and regulations; and(2)"Radioactive materials," any radioactive waste or other radioactive materials resulting from activities of the United States government, including the Nuclear Regulatory Commission, its contractors and licensees, or agreement states, their contractors and licensees, which required regulatory control or a specific license or both as of January 1, 1989, regardless of whether the waste or material has been exempted from regulatory control after that date. Radioactive materials do not include naturally-occurring radionuclides, uranium mill tailings, high-level radioactive waste, or consumer products. Source: SL 1993, ch 248, 1.
34-21C-2. Regulation of radioactive materials below regulatory concern.Notwithstanding any declaration by the United States government that certain radioactive materials, wastes, sites, and practices may be exempt from regulatory control or below regulatory concern, no radioactive materials may be recycled, stored, incinerated, treated, used, or released for unrestricted use, or disposed of in this state except at a facility approved by the Board of Minerals and Environment expressly for the recycling, storage, incineration, treatment, use, or disposal respectively of radioactive materials. Source: SL 1993, ch 248, 2.
34-21C-3. Applications unaffected.The provisions of this chapter do not apply to radioactive materials used in the provision of diagnostic and therapeutic services to humans, biomedical research radioactive materials used in South Dakota higher education institutions for instructional and research activities that are licensed by the United States Nuclear Regulatory Commission. Source: SL 1993, ch 248, 4.
34-22-1.1. State system of quarantine--Inspection and isolation of conveyances of common carriers.If necessary the Department of Health may establish and enforce a system of quarantine against the introduction into the state of any communicable disease by a common carrier doing business across the state's borders. Any member, officer, or agent of the department may board any conveyance used by a common carrier to inspect the conveyance. If the conveyance is found infected, contaminated, or otherwise containing any disease-causing agent, the department may detain the conveyance, and isolate and quarantine any or all persons found in the conveyance, including luggage, until all danger of disease from the conveyance is removed. Source: SL 1913, ch 109, 6; RC 1919, 7669; SDC 1939, 27.0107; SDCL 34-22-1; SL 2015, ch 181, 2.
34-22-1. Definitions.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.
34-22-10. Laboratory and radiological services provided by department.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).
34-22-11.1. Approved medically accepted procedures required for performance of specific health services.Notwithstanding the provisions of chapter 36-4 and chapter 36-9, any person performing specific health services under federal, state, and local programs affecting the public health, shall carry out such services through medically accepted procedures approved by the State Board of Medical and Osteopathic Examiners and the State Department of Health. Source: SL 1977, ch 289, 1.
34-22-11.2. Specific health services.The term, specific health services, as it relates to 34-22-11.1 shall include the following:(1)Application of intradermal skin tests for the purpose of determining the presence of tuberculosis;(2)Venipuncture for the purpose of drawing blood for laboratory examinations to determine the presence of current or past disease infection;(3)Administration of vaccines or other prophylactic agents, either orally or parenterally, for the purpose of communicable disease control; and(4)The gathering of specimens through nonsurgical procedures for the purpose of laboratory examination to determine the presence of bacteria, viruses, or other agents of communicable disease. Source: SL 1977, ch 289, 2; SL 1986, ch 27, 34; SL 2015, ch 181, 9.
34-22-11. Screening and testing for communicable disease.The department may provide facilities and personnel which will encourage participation in prescribed screening of the general population and high-risk segments of the general population through testing for communicable diseases. Source: SL 1963, ch 380, 5 (5); SL 2015, ch 181, 8.
34-22-12.1. Confidentiality of reports--Exceptions.Any report required to be submitted pursuant to 34-22-12 is strictly confidential medical information. No report may be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise. No report is admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person. However, the Department of Health may release medical or epidemiological information 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 this chapter and rules promulgated pursuant to this chapter concerning the prevention, treatment, control, and investigation of communicable diseases;(4)To the extent necessary to protect the health or life of a named person;(5)To the extent necessary to comply with a proper judicial order requiring release of human immunodeficiency virus test results and related information to a prosecutor for an investigation of a violation of 22-18-31; and(6)To the attorney general or an appropriate state's attorney if the secretary of the Department of Health has reasonable cause to suspect that a person violated 22-18-31. Source: SL 1989, ch 296, 1; SL 2003, ch 184, 1.
34-22-12.2. Violation of confidentiality as misdemeanor.Except as provided in 34-22-12.1, any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to 34-22-12 who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under 34-22-12.1, or who compels another person to disclose such medical reports, is guilty of a Class 1 misdemeanor. Source: SL 1989, ch 296, 2.
34-22-12.3. Effect of good faith reporting.Good faith reporting or disclosure pursuant to 34-22-12 does not constitute a libel or slander or a violation of the right of privacy or privileged communication. Source: SL 1989, ch 296, 3.
34-22-12.4. Compliance with reporting requirements--Liability.Any person who in good faith complies with the reporting requirements of 34-22-12 is immune from civil and criminal liability for such action taken in compliance with the provisions of 34-22-12. Compliance by a person or facility with the reporting requirements of 34-22-12 fulfills any duty of such person or facility to protect the public health. Source: SL 1989, ch 296, 4.
34-22-12.5. Sharing of immunization records permitted unless signed refusal in medical record--Violation as a misdemeanor.A patient's immunization record shall be shared among health care providers, health care facilities, federal or state health agencies, child welfare agencies, schools, or family day care facilities, without the consent of the patient or the person acting on the patient's behalf unless the patient's signed refusal to release immunization information is part of the patient's medical record. The provider shall provide notice in any written form to the patient, or if the patient is a minor, the patient's parent or guardian of the patient's ability to refuse to permit immunization information to be shared. If the patient is a minor, the refusal to release immunization information may be signed by the patient's parent or guardian on behalf of the minor patient. Any person who receives immunization data pursuant to this section and knowingly or intentionally discloses or fails to protect the confidentiality of the data is guilty of a Class 1 misdemeanor. Source: SL 1996, ch 214; SL 2015, ch 182, 1.
34-22-12. Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.The State Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of communicable disease, communicable disease carriers, and laboratory tests for communicable disease carriers, from all physicians, hospitals, laboratories, and institutions. The State Department of Health shall maintain a complete case register of tuberculosis suspects, active and presumably active cases, tuberculosis contacts, and arrested or presumably arrested cases. The State Department of Health shall provide information necessary for disease surveillance and control. To implement this section, the State Department of Health may adopt, pursuant to chapter 1-26, rules specifying the methods by which disease reports shall be made, the contents and timeliness of such reports, and diseases which shall be considered in such reports. Source: SL 1963, ch 380, 5 (6); SL 1978, ch 251, 1, 2.
34-22-13. Consultation with physicians and institutions.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.
34-22-14. Enforcement of regulations for control of communicable diseases.The department has the authority to provide for the enforcement of regulations for the control and eradication of communicable diseases through isolation, prevention, and treatment. Source: SL 1963, ch 380, 5 (4); SL 2015, ch 181, 11.
34-22-17. Communicable disease control supervised by department--Program applied statewide.The diagnosis, control, and treatment of suspected or confirmed cases of communicable diseases in the state shall be under the supervision and surveillance of the department. The program of diagnosis, control, and treatment of communicable diseases, established in this chapter and rules promulgated pursuant to this chapter shall be applied statewide. Source: SL 1963, ch 380, 4; SL 1972, ch 15, 4; SL 2015, ch 181, 14.
34-22-18.1. Action for injunction to enforce department directive or order--Confidential information.  If the department has determined by medical or epidemiological information that a person is confirmed to be infected with an active tuberculosis, any middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emergency pursuant to 34-22-42, or for the period beginning July 1, 2021, and ending June 30, 2022, severe acute respiratory syndrome coronavirus 2, which causes the disease known as COVID-19, and if that person presents a health threat to others, the department may commence an action in circuit court, pursuant to chapters 15-6 and 21-8, for injunctive relief as necessary to enforce any applicable department directive or order. The court shall treat individually identifying information including the gender, age, ethnicity, race, national origin, location, or identity of any person subject to the proceedings as strictly confidential information. If necessary, identifying numbers or initials may be used to protect the individually identifying information of the person.Nothing in this section authorizes the department to compel a person to be vaccinated. Source: SL 2015, ch 181,  33; SL 2020, ch 145,  1, eff. Mar. 31, 2020; SL 2021, ch 147,  1.
34-22-18. Refusal to accept diagnosis or treatment or to follow directives as misdemeanor.Any person in the state reasonably suspected of having active tuberculosis, middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emergency pursuant to 34-22-42, shall accept necessary diagnosis or treatment, or both. Any person who intentionally refuses to accept the diagnosis or treatment, or both, or who fails to follow the reasonable and necessary directives of the department issued for the protection of other persons, is guilty of a Class 1 misdemeanor. Source: SL 1963, ch 380, 6; SL 1977, ch 190, 60; SL 2015, ch 181, 15.
34-22-23. Inspection of records of hospital or laboratory by secretary.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.
34-22-25. Health officer or physician to report information on person with dangerous communicable disease.Any health officer or physician who has information that any person, including a patient, is by the person's conduct or mode of living, endangering the health or well-being of the person's family or other persons because of communicable diseases, shall report the information to the department. The report shall state the name and address of the person and shall include a summary of the pertinent information available and known by the health officer or physician. Source: SL 1968, ch 119, 3; SL 2015, ch 181, 21.
34-22-41."Public health emergency" defined.For the purposes of 34-3-26, 34-16-22 to 34-16-25, inclusive, and 34-22-41 to 34-22-44, inclusive, a public health emergency is an occurrence or imminent threat of an illness, health condition, or widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to the affected population. Source: SL 2002, ch 168, 1.
34-22-42. Secretary may declare public health emergency--Contents of order.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.
34-22-43. Department primarily responsible for public health emergency response--Scope of authority--Promulgation of rules.The department shall have primary jurisdiction, responsibility, and authority for responding to a public health emergency declared pursuant to 34-22-42 including:(1)Planning and executing public health emergency assessment, mitigation, preparedness, and response;(2)Coordinating public health emergency response between state and local authorities;(3)Collaborating with relevant federal, state, tribal, and local authorities; and(4)Organizing public information activities regarding public health emergency response operations.The Department of Health may promulgate rules, pursuant to chapter 1-26, to implement the provisions of this section. Source: SL 2002, ch 168, 3.
34-22-44.1. Definition of statewide emergency registry volunteer.Terms used in 34-22-44.2 mean:(1)"Statewide Emergency Registry of Volunteers for South Dakota (SERV SD)," the state's version of the Emergency System for Advance Registration of Health Professions Volunteers authorized by Public Law 107-188, known as the Public Health Security and Bioterrorism Preparedness and Response Act of 2002;(2)"Volunteer," an individual who, without the expectation of receiving compensation for services, responds to and acts in accordance with a call to service under the SERV SD program in response to a declared public health emergency as provided for in 34-22-41 to 34-22-44, inclusive. Source: SL 2009, ch 167, 1.
34-22-44.2. Statewide emergency registry volunteers--Immunity from civil liability.Any volunteer, as defined in 34-22-44.1, is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if:(1)The volunteer was acting in good faith and within the scope of the volunteer's official functions; and(2)The damage or injury was not caused by gross negligence or willful and wanton misconduct by the volunteer. Source: SL 2009, ch 167, 2.
34-22-44. Termination of declared emergency--Renewal.Any public health emergency declared pursuant to 34-22-42 shall be terminated automatically after thirty days unless renewed by the secretary under the same standards and procedures set forth in 34-22-42. Source: SL 2002, ch 168, 4.
34-22-45.(Section effective on the date federal funding received for administering vaccinations for first responders.) Voluntary vaccination program for first responders--Exposure to infectious diseases at disaster locations.The Department of Health shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. For purposes of this section, the term, first responder, means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to sites of bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other disasters. The vaccinations shall include vaccinations for hepatitis B, diphtheria, tetanus, influenza, and other vaccinations when recommended by the United States Public Health Service and in accordance with Federal Emergency Management Agency policy. Immune globulin shall be made available if necessary. Participation in the vaccination program is voluntary. Source: SL 2005, ch 185, 1.
34-22-5. Exposure of self or others to communicable disease as misdemeanor.Each person who intentionally exposes himself or herself or another person infected with any communicable disease in any public place, except in the person's necessary removal from a public place in a manner not dangerous to the public health, is guilty of a Class 2 misdemeanor. Source: PenC 1877, 470; CL 1887, 6671; RPenC 1903, 485; RC 1919, 3994; SDC 1939, 13.1505; SL 1977, ch 190, 58; SL 2015, ch 181, 4.
34-22-6. Compelling vaccination as misdemeanor.It is a Class 2 misdemeanor for any board, physician, or person to compel another by the use of physical force to submit to the operation of vaccination with smallpox or other virus. Source: SL 1903, ch 223, 1, 3; RC 1919, 7691, 7693; SDC 1939, 27.2201, 27.9938; SL 1977, ch 190, 59.
34-22-9. State-wide system for prevention, control, and treatment of communicable disease--Promulgation of rules.The department shall establish and direct the operations of a state-wide system for communicable disease prevention, control, and treatment. The department may promulgate rules, pursuant to chapter 1-26, to:(1)Conduct communicable disease surveillance which includes detection, assessment, and analysis;(2)Prescribe criteria for communicable disease case definitions;(3)Prescribe procedures for communicable disease case and contact notification, referral, and management;(4)Prescribe methods and procedures for the prevention and control of communicable disease;(5)Prescribe methods and procedures for the control of communicable disease patients and carriers, including the monitoring, quarantine, and isolation of any patient or carrier;(6)Prescribe medical and posttreatment supervision measures for communicable disease patients and carriers;(7)Prescribe methods and procedures for the prevention and control of occupationally-related communicable diseases; and(8)Prescribe procedures for infection prevention measures for communicable disease control and prevention. Source: SL 1963, ch 380, 5 (1); SL 1992, ch 246; SL 2015, ch 181, 7.
34-23-1. Syphilis, gonorrhea, and chancroid--Intentional exposure of another as misdemeanor.Syphilis, gonorrhea, and chancroid are designated to be venereal diseases and are contagious, infectious, communicable, and dangerous to the public health. Any person infected with a venereal disease under this section who intentionally exposes another person to infection of that venereal disease is guilty of a Class 1 misdemeanor. Source: SL 1919, ch 284, 1; SDC 1939, 27.2401; SL 1977, ch 190, 61; SL 2018, ch 204, 1.
34-23-10. Blood sample and testing when pregnant woman not attended by physician.Every person other than a physician permitted by law to attend upon pregnant women in the state but not permitted by law to take blood tests, shall cause a sample of the blood of such pregnant woman to be taken by a duly licensed physician and submitted for standard serological tests for syphilis to the State Public Health Laboratory or such other laboratories cooperating with, and approved by, the Department of Health. Source: SL 1939, ch 103; SDC Supp 1960, 27.2406 (1).
34-23-12. Blood test during pregnancy noted on birth certificate--Result not stated.In reporting every birth and stillbirth, physicians and others permitted to attend pregnancy cases and required to report births and stillbirths shall state on the birth certificate or fetal death certificate, as the case may be, whether a blood test for syphilis has been made during such pregnancy upon a specimen of blood taken from the woman who bore the child for which a birth or fetal death certificate is filed, and if made, the date when such test was made, and if not made, the reason why such test was not made. In no event shall the certificate state the result of the test. Source: SL 1939, ch 103; SDC Supp 1960, 27.2406 (2).
34-23-13. Rules and regulations for venereal disease control.The State Department of Health is hereby empowered and directed to make, in compliance with chapter 1-26, such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this chapter, including rules and regulations provided for the control and treatment of persons isolated or quarantined under the provisions of this chapter and such other rules and regulations not in conflict with the provisions of this chapter concerning the control of venereal diseases and concerning the care, treatment, and quarantine of persons infected therewith, as it may from time to time deem advisable.All such rules and regulations so made shall be of force and binding upon all county and municipal health officers and other persons affected by this chapter. Source: SL 1919, ch 284, 5; SDC 1939, 27.2405; SL 1972, ch 15, 4.
34-23-14. Violation as misdemeanor.Any person who violates any of the provisions of this chapter or any lawful rule or regulation made by the Department of Health pursuant to the authority therein granted, or who shall fail or refuse to obey any lawful order issued by any state, county, or municipal health officer pursuant to the authority granted in this chapter, shall be guilty of a Class 1 misdemeanor. Source: SL 1919, ch 284, 6; SDC 1939, 27.9940; SL 1977, ch 190, 62.
34-23-15. Treatment of minors--Definition of terms.As used in 34-23-16 to 34-23-18, inclusive, "physician" or "licensed physician" shall mean physicians licensed under chapter 36-4. Source: SL 1971, ch 210, 2.
34-23-16. Minor's consent to treatment by physician valid--Prophylactic treatment--Disaffirmance prohibited.Any licensed physician, upon consultation by any minor as a patient, may, with the consent of such person who is hereby granted the right of giving such consent, make a diagnostic examination for venereal disease and prescribe for and treat such person for venereal disease including prophylactic treatment for exposure to venereal disease whenever such person is suspected of having a venereal disease or contact with anyone having a venereal disease. Any such consent shall not be subject to later disaffirmance by reason of minority. Source: SL 1971, ch 210, 1.
34-23-17. Treatment of minors by health departments authorized.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.
34-23-18. Immunity of agencies treating minors--Liability for negligence.In any such case arising under the provisions of 34-23-16 and 34-23-17 the hospital, public clinic, or licensed physician who provides the care or services or who performs medical or surgical care or services shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. Source: SL 1971, ch 210, 4.
34-23-2. Reports of cases required of physicians and institutions--Information confidential.Any physician or other person who makes a diagnosis in or treats a case of venereal disease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is a case of venereal disease shall make a report of such case to the health authorities in such form and manner as the State Department of Health shall direct. The identity of any individual appurtenant to an investigation conducted pursuant to a report of a venereal disease shall be maintained in strictest confidence within the venereal disease control system, and any information obtained from that individual may not be disclosed in any action in any court or before any tribunal, board, or agency. Source: SL 1919, ch 284, 2; SDC 1939, 27.2402; SL 1978, ch 252.
34-23-3. Investigation of sources of infection--Repression of prostitution.It shall be the duty of all local and state health officers to investigate sources of infection of venereal disease, to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution, and otherwise to use every proper means for the repression of prostitution. Source: SL 1919, ch 284, 3; SL 1921, ch 339; SDC 1939, 27.2403.
34-23-4. Infected persons required to submit to treatment--Isolation or quarantine.State, county, and municipal health officers or their authorized deputies within their respective jurisdiction are hereby directed and empowered to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured or to submit to treatment provided at public expense until cured, and also, when in their judgment it is necessary to protect the public health, to isolate or quarantine persons infected with venereal disease. Source: SL 1919, ch 284, 3; SL 1921, ch 339; SDC 1939, 27.2403.
34-23-5. Quarantine or isolation of infected person convicted of moral offense.Any person convicted of being a prostitute or inmate of a disorderly house who may be found to be infected with venereal disease in a stage which, in the opinion of the health officer, is or is apt to become communicable, shall be quarantined or isolated so long as such person is so infected. Source: SL 1921, ch 339; SDC 1939, 27.2403.
34-23-6. Examination and treatment of prisoners.All persons who shall be imprisoned or confined in any state, county, or city prison in the state shall be examined for and, if infected, treated for venereal diseases by the health authorities or their deputies. Source: SL 1919, ch 284, 4; SDC 1939, 27.2404.
34-23-7. Treatment facilities provided by prison officials--Prisoners required to undergo treatment.The authorities of any state, county, or city prison are directed to make available to the health authorities such portion of any state, county, or city prison as may be necessary for a clinic or hospital wherein all persons who may be confined or imprisoned in any such prison and who are infected with venereal disease, and all such persons who are suffering with venereal disease at the time of the expiration of their term of imprisonment, and in case no other suitable place for isolation or quarantine is available, such other persons as may be isolated or quarantined under the provisions of this chapter shall be isolated and treated at public expense until cured. In lieu of such isolation any of such persons may in the discretion of the Department of Health be required to report for treatment to a licensed physician or submit to treatment provided at public expense. Source: SL 1919, ch 284, 4; SDC 1939, 27.2404.
34-23-8. Service of criminal sentence not interfered with.Nothing contained in 34-23-6 or 34-23-7 shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime. Source: SL 1919, ch 284, 4; SDC 1939, 27.2404.
34-23-9. Attending physician to take blood sample from pregnant woman--Submission to State Public Health Laboratory for testing.Each physician attending a pregnant woman in this state during gestation shall, in the case of each woman so attended, take or cause to be taken a sample of blood of such woman at the time of the first examination, and submit such sample for standard serological tests for syphilis to the State Public Health Laboratory or such other laboratories cooperating with, and approved by, the Department of Health. Source: SL 1939, ch 103; SDC Supp 1960, 27.2406 (1).
34-23A-1.1. Attempt to perform abortion defined.For the purposes of this chapter, an attempt to perform an abortion is an act or omission that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in South Dakota. Source: SL 1993, ch 249, 1A.
34-23A-1.2. Legislative findings--Termination of life.The Legislature finds that all abortions, whether surgically or chemically induced, terminate the life of a whole, separate, unique, living human being. Source: SL 2005, ch 186, 1. 
34-23A-1.3. Legislative findings--Relationship between pregnant woman and unborn child.The Legislature finds that there is an existing relationship between a pregnant woman and her unborn child during the entire period of gestation. Source: SL 2005, ch 186, 2. 
34-23A-1.4. Legislative findings--Risks to life and health of pregnant woman.The Legislature finds that procedures terminating the life of an unborn child impose risks to the life and health of the pregnant woman. The Legislature further finds that a woman seeking to terminate the life of her unborn child may be subject to pressures which can cause an emotional crisis, undue reliance on the advice of others, clouded judgment, and a willingness to violate conscience to avoid those pressures. The Legislature therefore finds that great care should be taken to provide a woman seeking to terminate the life of her unborn child and her own constitutionally protected interest in her relationship with her child with complete and accurate information and adequate time to understand and consider that information in order to make a fully informed and voluntary consent to the termination of either or both. Source: SL 2005, ch 186, 3. 
34-23A-1.5. Legislative findings--Special protection of rights of pregnant women.The Legislature finds that pregnant women contemplating the termination of their right to their relationship with their unborn children, including women contemplating such termination by an abortion procedure, are faced with making a profound decision most often under stress and pressures from circumstances and from other persons, and that there exists a need for special protection of the rights of such pregnant women, and that the State of South Dakota has a compelling interest in providing such protection. Source: SL 2005, ch 186, 4. 
34-23A-1.6. Legislative findings--Standard of practice requiring informed consent.The Legislature finds that, through the common law, the courts of the State of South Dakota have imposed a standard of practice in the health care profession that, except in exceptional circumstances, requires physicians and other health care practitioners to provide patients with such facts about the nature of any proposed course of treatment, the risks of the proposed course of treatment, the alternatives to the proposed course, including any risks that would be applicable to any alternatives, as a reasonable patient would consider significant to the decision of whether to undergo the proposed course of treatment. Source: SL 2005, ch 186, 5. 
34-23A-1.7. Common law cause of action for medical malpractice informed consent claims based on reasonable patient standard reaffirmed--Application to abortion procedures--Construction.The South Dakota common law cause of action for medical malpractice informed consent claims based upon the reasonable patient standard is reaffirmed and is hereby expressly declared to apply to all abortion procedures. The duty of a physician to disclose all facts about the nature of the procedure, the risks of the procedure, and the alternatives to the procedure that a reasonable patient would consider significant to her decision of whether to undergo or forego the procedure applies to all abortions. Nothing in 34-23A-1, 34-23A-1.2 to 34-23A-1.7, inclusive, 34-23A-10.1, and 34-23A-10.3 may be construed to render any of the requirements otherwise imposed by common law inapplicable to abortion procedures or diminish the nature or the extent of those requirements. The disclosure requirements expressly set forth in 34-23A-1, 34-23A-1.2 to 34-23A-1.7, inclusive, 34-23A-10.1, and 34-23A-10.3 are an express clarification of, and are in addition to, those common law disclosure requirements. Source: SL 2005, ch 186, 6. 
34-23A-1. Definition of terms. Terms used in this chapter mean:(1)"Abortion," the intentional termination of the life of a human being in the uterus;(1A)"Abortion facility," a place where abortions are performed;(1B)"Department," the South Dakota Department of Health;(2)"Fetus," the biological offspring, including the implanted embryo or unborn child, of human parents;(3)"Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum;(4)"Human being," an individual living member of the species of Homo sapiens, including the unborn human being during the entire embryonic and fetal ages from fertilization to full gestation;(5)"Medical emergency," any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;(6)"Parent," one parent or guardian of the pregnant minor or the guardian or conservator of the pregnant woman;(7)"Physician," a person licensed under the provisions of chapter 36-4 or a physician practicing medicine or osteopathy in the employ of the government of the United States or of this state;(8)"Probable gestational age of the unborn child," what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed. Source: SL 1973, ch 146, 1; SL 1993, ch 249, 1; SL 1997, ch 204, 1; SL 2000, ch 171, 1; SL 2005, ch 186, 8; SL 2005, ch 189, 3; SL 2006, ch 182, 1; SL 2021, ch 148,  1.
34-23A-10.1. Voluntary and informed consent required--Medical emergency exception--Information provided. No abortion may be performed unless the physician first obtains a voluntary and informed written consent of the pregnant woman upon whom the physician intends to perform the abortion, unless the physician determines that obtaining an informed consent is impossible due to a medical emergency and further determines that delaying in performing the procedure until an informed consent can be obtained from the pregnant woman or her next of kin in accordance with chapter 34-12C is impossible due to the medical emergency, which determinations shall then be documented in the medical records of the patient.A consent to an abortion is not voluntary and informed, unless, in addition to any other information that must be disclosed under the common law doctrine, the physician provides that pregnant woman with the following information:(1)A statement in writing providing the following information:(a)The name of the physician who will perform the abortion;(b)That the abortion will terminate the life of a whole, separate, unique, living human being;(c)That the pregnant woman has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the laws of South Dakota;(d)That by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship will be terminated;(e)A description of all known medical risks of the procedure and statistically significant risk factors to which the pregnant woman would be subjected, including:(i)Depression and related psychological distress;(ii)Increased risk of suicide ideation and suicide;(iii)A statement setting forth an accurate rate of deaths due to abortions, including all deaths in which the abortion procedure was a substantial contributing factor; and(iv)All other known medical risks to the physical health of the woman, including the risk of infection, hemorrhage, danger to subsequent pregnancies, and infertility;(f)The probable gestational age of the unborn child at the time the abortion is to be performed, and a scientifically accurate statement describing the development of the unborn child at that age;(g)The statistically significant medical risks associated with carrying her child to term compared to undergoing an induced abortion;(h)That even after a pregnant mother takes Mifepristone, or another drug approved by the United States Food and Drug Administration for the same use, it is still possible to discontinue a drug-induced abortion by not taking the prescribed Misoprostol;(i)That information on discontinuing a drug-induced abortion is available on the Department of Health website;(j)A written statement that sex-selective abortions are illegal in the State of South Dakota and that a pregnant mother cannot have an abortion, either solely or partly, due to the unborn child's sex, regardless of whether that unborn child is a girl or a boy or whether it is of the pregnant mother's free will or the result of the use of pressure and coercion; and(k)A written notification, prepared and provided to each abortion facility by the Department of Health, that contains the name, text, and telephone number of an organization fighting to end sex trafficking and states the following: "If someone is sexually abusing you or causing you to exchange sex for something of value, and you want help, call 911, text, or call the number provided on this notice.".The disclosures set forth above shall be provided to the pregnant woman in writing and in person in full compliance with 34-23A-56. The physician shall ensure that the pregnant woman signs each page of the written disclosure with the certification that she has read and understands all of the disclosures, prior to the patient signing a consent for the procedure. If the pregnant woman asks for a clarification or explanation of any particular disclosure, or asks any other question about a matter of significance to her, the explanation or answer shall be made in writing and be given to the pregnant woman before signing a consent for the procedure and shall be made part of the permanent medical record of the patient.Prior to the pregnant woman signing a consent to the abortion, she shall sign a written statement that indicates that the requirements of this section have been complied with. Prior to the performance of the abortion, the physician who is to perform the abortion shall receive a copy of the written disclosure documents required by this section, and shall certify in writing that all of the information described in those subdivisions has been provided to the pregnant woman, that the physician is, to the best of his or her ability, satisfied that the pregnant woman has read the materials which are required to be disclosed, and that the physician believes she understands the information imparted;(2)A statement by telephone or in person, by the physician who is to perform the abortion, or by the referring physician, or by an agent of both, at least twenty-four hours before the abortion, providing the following information:(a)That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;(b)That the father of the unborn child is legally responsible to provide financial support for her child following birth, and that this legal obligation of the father exists in all instances, even in instances in which the father has offered to pay for the abortion;(c)The name, address, and telephone number of a pregnancy help center in reasonable proximity of the abortion facility where the abortion will be performed; and(d)That she has a right to review all of the material and information described in 34-23A-1, 34-23A-1.2 to 34-23A-1.7, inclusive, 34-23A-10.1, and 34-23A-10.3, as well as the printed materials described in 34-23A-10.3, and the website described in 34-23A-10.4. The physician or the physician's agent shall inform the pregnant woman, orally or in writing, that the materials have been provided by the State of South Dakota at no charge to the pregnant woman. If the pregnant woman indicates, at any time, that she wants to review any of the materials described, such disclosures shall be either given to her at least twenty-four hours before the abortion or mailed to her at least seventy-two hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee;(3)In the case of a pregnant woman who has been administered Mifepristone, or another drug approved by the United States Food and Drug Administration for the same use, the statement required by subsection (h) of subdivision (1) must also be duplicated and presented to the woman at the time of her release or discharge, immediately after the provision or administration of the first drug. The statement must be accompanied by a notice that includes:(a)The following verbiage: "If you decide you want to give birth to your child, even after the abortion process has begun, seek the assistance of a physician immediately."; and(b)The phone number, website, and any other contact information provided to the department by physicians or other entities, who or that have indicated their ability and willingness to provide assistance, twenty-four hours per day, seven days a week, to a woman seeking to discontinue an abortion. Source: SL 1980, ch 245, 1; SL 1993, ch 249, 4; SL 2003, ch 185, 2; SL 2005, ch 186, 7; SL 2014, ch 168, 4; SL 2016, ch 176, 1; SL 2016, ch 179, 4; SL 2017, ch 160, 1; SL 2021, ch 149,  1.
34-23A-10.2. Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized.A physician who, knowingly or in reckless disregard, violates 34-23A-2.1, 34-23A-7, or 34-23A-10.1 is guilty of a Class 2 misdemeanor. The court in which a conviction of a violation of 34-23A-2.1, 34-23A-7, or 34-23A-10.1 occurs shall report such conviction to the Board of Medical and Osteopathic Examiners.No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No criminal penalty or civil liability for failure to comply with subsection 34-23A-10.1(2)(c) or that portion of subsection 34-23A-10.1(3) requiring a written certification that the woman has been informed of her opportunity to review the information referred to in subsection 34-23A-10.1(2)(c) may be assessed unless the department of health has made the printed materials available at the time the physician or the physician's agent is required to inform the female of her right to review them. Source: SL 1980, ch 245, 2; SL 1993, ch 249, 7; SL 1997, ch 204, 4.
34-23A-10.3. Publication of educational materials. The health department shall publish, in culturally sensitive languages, the following printed materials, in such a way as to ensure that the information is easily comprehensible:(1)Materials designed to inform the pregnant woman of all the disclosures enumerated in 34-23A-10.1;(2)Materials designed to inform the pregnant woman of public and private agencies and services available to assist a pregnant woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a list of the agencies available and a description of the services they offer;(3)Materials designed to inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a pregnant woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments. Such pictures or drawings shall contain the dimensions of the fetus and shall be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages; and(4)Materials designed to inform the pregnant woman that: "If someone is sexually abusing you or causing you to exchange sex for something of value, and you want help, call 911, text or call the number provided on this notice.".The materials shall be printed in a typeface large enough to be clearly legible and shall be available at no cost from the Department of Health upon request and in appropriate number to any person, facility, or hospital. Source: SL 1993, ch 249, 5; SL 2005, ch 186, 9; SL 2017, ch 160, 2; SL 2021, ch 149,  2.
34-23A-10.4. Department of Health to develop and maintain multi-media website--Contents--Collection of related statistics.The Department of Health shall, by January 1, 2004, develop and maintain a multi-media website that contains web pages covering each of the following topics:(1)Embryonic and fetal development at various gestational stages;(a)Anatomical and physiological characteristics; and(b)Survival possibilities of the unborn child;(2)Abortion methods commonly used for each trimester of pregnancy;(3)Statistically significant abortion method risks, including infection, hemorrhage, danger to subsequent pregnancies, and infertility;(4)Important pre-abortion procedures;(a)Confirmation of pregnancy via sonogram; and(b)Counseling and discussion of medical history to detect possible abortion risks;(5)Post-abortion psychological and emotional complications;(6)Parental notification as required by 34-23A-7;(7)Assistance, benefits, and services:(a)Names and contact information of public and private agencies; and(b)Types and availability of public medical benefits and services;(8)Responsibility of the father of the unborn child;(9)Statistically significant pregnancy risks;(10)Adoption options:(a)Names and contact information of public and private agencies; and(b)Description of services;(11)Information on discontinuing a drug-induced abortion.The state shall collect and maintain web statistics regarding the website developed and maintained pursuant to this section. However, no personal information may be collected. Source: SL 2003, ch 185, 1; SL 2016, ch 176, 2.
34-23A-10.5. Form required by 34-23A-10.1(1) to be prescribed by department.To meet the requirement of subdivision 34-23A-10.1(1), a physician shall use a form prescribed by the department. The department shall promulgate rules pursuant to chapter 1-26 specifying the form necessary to meet the requirement of this section. Source: SL 2019, ch 149, 1, eff. Jan. 1, 2020.
34-23A-11. Counselor or social worker not liable for arranging abortion--Retaliation from employer prohibited.No counselor, social worker, or anyone else who may be in such a position where the abortion question may appear as a part of their workday routine, shall be liable to any person for damages allegedly arising from advising or helping to arrange for or for refusal to arrange or encourage abortion, and there shall be no retaliation from any agency or institution with which such person may be affiliated or by which he may be employed. Source: SL 1973, ch 146, 9.
34-23A-12. No liability for refusal to perform abortion.No physician, nurse, or other person who refuses to perform or assist in the performance of an abortion shall be liable to any person for damages arising from that refusal. Source: SL 1973, ch 146, 7.
34-23A-13. Medical facility not to discriminate for performance or refusal to perform abortion.No physician, nurse, or other person who performs or refuses to perform or assist in the performance of an abortion shall, because of that performance or refusal, be dismissed, suspended, demoted, or otherwise prejudiced or damaged by a hospital or other medical facility with which he is affiliated or by which he is employed. Source: SL 1973, ch 146, 8.
34-23A-14. Hospital not required to perform abortions--No liability for refusal of abortion as policy.No hospital licensed pursuant to the provisions of chapter 34-12 is required to admit any patient for the purpose of terminating a pregnancy pursuant to the provisions of this chapter. No hospital is liable for its failure or refusal to participate in such termination if the hospital has adopted a policy not to admit patients for the purpose of terminating pregnancies as provided in this chapter. Source: SL 1973, ch 146, 8.
34-23A-16.1. Child born alive--Preservation of life and health. The same means and medical skills and treatment provided a child born alive consistent with accepted standards of medical practice for treatment of a child at that child's particular stage of gestation must be employed and provided to every child born alive immediately following an abortion or an attempted abortion. This obligation applies to every physician who performs or attempts to perform an abortion that results in a child being born alive. Such physician has a physician-patient relationship with that child under the laws of this state, with all of the duties that attend that relationship. Among the duties of such physician is the duty to ensure that the child is immediately admitted to a hospital, consistent with accepted standards of medical practice.For purposes of this section, born alive means the complete expulsion or extraction of a human being from its mother, at any stage of gestation, if after the expulsion or extraction, and regardless of whether the umbilical cord has been cut, that human being:(1)Breathes;(2)Has a beating heart;(3)Has pulsation of the umbilical cord; or(4)Has definite movement of voluntary muscles. Source: SL 1977, ch 284, 1; SL 2021, ch 150,  1.
34-23A-16.2. Abortion--Child born alive--Civil and disciplinary action. In addition to the damages recoverable under 34-23A-60 and 34-23A-61, a mother upon whom an abortion is performed or attempted to be performed, whose child is born alive, may obtain money damages for any psychological injury the mother sustained where the physician's negligence in caring for the child following birth was a significant contributing factor in causing her psychological injury.The child born alive has a cause of action against the physician, the physician's agents, and the abortion facility, for any physical or psychological injury, or both, for any injuries sustained during and as a result of the abortion, and for any additional physical or psychological injury, or both, where the negligence of the physician, the physician's agents, and the abortion facility, in the medical care following birth, was a significant contributing factor.The money damages for any claim brought pursuant to this section must include all traditionally recognized compensatory and punitive damages recoverable under the laws of this state and punitive damages for intentional disregard for the standard imposed by 34-23A-16.1 and for reasonable attorney's fees.A physician who fails to meet the requirements of 34-23A-16.1 is liable to the state for a civil penalty of ten thousand dollars for each offense. The attorney general may bring an action to recover that civil penalty and, if successful, shall be awarded reasonable attorney's fees.A licensed physician, licensed agent, and licensed abortion facility who or that fails to comply with the requirements of 34-23A-16.1, must be reported to the South Dakota Board of Medical and Osteopathic Examiners and that may form the grounds for sanctions, including suspension of the physician's license and, where appropriate, revocation of such license.Any person having knowledge of a failure to meet the requirements of 34-23A-16.1 may report the failure to the attorney general and, upon request, that person's identity must remain confidential.Nothing in 34-23A-16.1 may be construed to hold the mother of the child born alive criminally or civilly liable for consenting to an abortion, or for the acts of the physician, the physician's agents, or the abortion facility for violation of 34-23A-16.1 following the child being born alive. Source: SL 2021, ch 150,  2.
34-23A-16. Birth certificate for live birth resulting from abortion--Death certificate on subsequent death.Whenever an abortion procedure results in a live birth, a birth certificate shall be issued certifying the birth of said live born person even though said live person may thereafter die in a short time. In the event death does ensue after a short time, a death certificate shall be issued; both the birth and death certificates shall be issued pursuant to law and rules and regulations of the State Department of Health. Source: SL 1973, ch 146, 11.
34-23A-17. Use of fetal tissue, organs, or body parts for research or transplantation prohibited--Exceptions--Violation as felony.Any tissue, organ, or body part of an unborn or newborn child who has been subject to an induced abortion, other than an abortion necessary to prevent the death of the mother, may not be used in animal or human research or for animal or human transplantation. Nothing in this section precludes any therapy intended to directly benefit the unborn or newborn child who has been subject to the abortion. This section does not prohibit the use for human transplantation of an unborn child or any tissue or organ thereof if removed in the course of removal of an ectopic or a molar pregnancy. Any person who knowingly and for consideration provides, acquires, receives, or otherwise transfers any fetal tissue, organ, or body part in violation of this section is guilty of a Class 6 felony. Source: SL 1973, ch 146, 5; SL 1993, ch 250; SL 2016, ch 177, 1.
34-23A-18. Abortion as evidence in proceedings to terminate parental rights or to adjudicate dependency of child.Whenever a person is born alive in the course of an abortion procedure, the facts and circumstances involving the birth and the abortion procedure shall be considered relevant and material evidence in any proceeding under chapters 26-7A, 26-8A, 26-8B, and 26-8C for termination of parental rights or adjudication of dependency or neglect; and the Department of Social Services may commence such proceeding as it deems applicable under that chapter. Source: SL 1973, ch 146, 11; SL 1977, ch 284, 2.
34-23A-19. Performance of abortion--Required reports--Rules. 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.
34-23A-2.1. Physician to inform in case of medical emergency.If a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or that a delay will create serious risk of substantial and irreversible impairment of a major bodily function. Source: SL 1993, ch 249, 6.
34-23A-2. Abortion lawful only under specified conditions.An abortion may be performed in this state only if it is performed in compliance with 34-23A-3, 34-23A-4, or 34-23A-5. (This section is repealed pursuant to SL 2005, ch 187, 1. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, 1, provides: "Section 7. This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.") SL 1973, ch 146, 2; SL 2006, ch 119, 6 repeal rejected by referendum on Nov. 7, 2006.
34-23A-20. Severability of provisions.If any part or provision of this chapter is determined to be invalid, or is preliminarily enjoined, all other parts not determined to be invalid or enjoined are severable from the invalid parts and remain in effect. If any part or provision of this chapter is determined to be invalid, or is preliminarily enjoined in one or more of its applications, all other parts or provisions not determined to be invalid or preliminarily enjoined are severable from the invalid or preliminarily enjoined application and remain in effect. Source: SL 1973, ch 146, 18; SL 2016, ch 179, 5.
34-23A-21. Construction of chapter.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.
34-23A-22. Cause of action for certain abortions--Amount of damages--Attorney's fees.If any person performs an abortion willfully, wantonly, or maliciously in disregard to 34-23A-2.1, 34-23A-7, or 34-23A-10.1, the person upon whom such an abortion has been performed, and the parent of a minor child upon whom such an abortion was performed, or any of them, may maintain an action against the person who performed the abortion not to exceed ten thousand dollars in punitive damages. Any person upon whom such an abortion has been attempted may maintain an action against the person who attempted to perform the abortion not to exceed five thousand dollars in punitive damages.If judgment is rendered in favor of the plaintiff in any such action, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff. Source: SL 1993, ch 249, 8; SL 1997, ch 204, 5.
34-23A-23. Anonymity of female plaintiff--Specific written findings.In every civil or criminal proceeding or action brought pursuant to this chapter, the court shall rule whether the anonymity of any female upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms, to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action pursuant to this chapter shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant. Source: SL 1993, ch 249, 9.
34-23A-24. Analyses of maternal mortality.The Department of Health shall monitor and analyze maternal mortality. The department may promulgate rules pursuant to chapter 1-26 concerning reporting related to maternal mortality, on death certificates or by other means, as will assist it in performing such analyses. Source: SL 1993, ch 251, 2.
34-23A-25. Analyses of pregnancy outcomes.The department may collect data from health providers and medical facilities for purposes of performing analyses of pregnancy outcomes to determine the number, or if that is not possible, the best available estimate of the number, of each of the following:(1)Ectopic pregnancies;(2)Stillbirths;(3)Live births;(4)Molar pregnancies;(5)Spontaneous abortions;(6)Induced abortions; and(7)Any other pregnancy-related classifications the department deems useful. Source: SL 1993, ch 251, 2A.
34-23A-26. Publication of findings on maternal mortality and pregnancy outcomes.The department shall include sections in its annual vital statistics and health status report detailing the findings derived from the analyses provided under 34-23A-24 and 34-23A-25. The department shall ensure that neither the information published in its reports, nor the information provided to researchers, with the exception of information requested by the centers for disease control of the public health service in the United States Department of Health and Human Services, identifies or could reasonably lead to the identification of any individual patient. Source: SL 1993, ch 251, 3.
34-23A-27. Partial-birth abortion prohibited--Violation a felony.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.
34-23A-28. Application of partial-birth abortion prohibition.The provisions of 34-23A-27 to 34-23A-33, inclusive, do not apply to any partial-birth abortion that is necessary to save the life of the mother because her life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would suffice for that purpose. Source: SL 1997, ch 129, 2.
34-23A-29. Civil action for death of fetus or infant in partial-birth abortion.In the case of the death of a human fetus or infant as the result of a partial-birth abortion, the father of the human fetus or infant and, if the mother has not attained the age of eighteen years at the time of the partial-birth abortion, the maternal grandparents of the human fetus or infant may file a civil action to obtain appropriate relief, unless the plaintiff consented to the partial-birth abortion or unless the plaintiff's criminal conduct caused the pregnancy. Source: SL 1997, ch 129, 3.
34-23A-3. Abortion during first twelve weeks of pregnancy.An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician during the first twelve weeks of pregnancy. (This section is repealed pursuant to SL 2005, ch 187, 2. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, 1, provides: "Section 7. This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.") SL 1973, ch 146, 2(1); SL 2006, ch 119, 7 repeal rejected by referendum on Nov. 7, 2006.
34-23A-30. Money damages in partial-birth abortion.Civil relief pursuant to 34-23A-29 includes money damages for all injuries, psychological or physical, that are proximately caused by a partial-birth abortion in violation of 34-23A-27. Any plaintiff with standing to sue pursuant to 34-23A-29 who has paid for the costs of a partial-birth abortion may recover treble the costs in damages. Source: SL 1997, ch 129, 4.
34-23A-31. Prosecution of woman upon whom partial-birth abortion performed.No woman upon whom a partial-birth abortion is performed may be prosecuted under the provisions of 34-23A-27 to 34-23A-33, inclusive, for conspiracy to violate 34-23A-27. Source: SL 1997, ch 129, 5.
34-23A-32. Partial-birth abortion defined.For the purposes of 34-23A-27 to 34-23A-33, inclusive, a partial-birth abortion is any abortion in which the person who performs the abortion causes a living human fetus to be partially vaginally delivered before killing the infant and completing the delivery. Source: SL 1997, ch 129, 6.
34-23A-33. Fetus and infant defined.For the purposes of 34-23A-27 to 34-23A-33, inclusive, the term, fetus, and the term, infant, are used interchangeably to refer to the biological offspring of human parents. Source: SL 1997, ch 129, 7.
34-23A-34. Physician's reporting form--Contents.The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:(1)The month, day, and year of the induced abortion;(2)The method of abortion used for each induced abortion;(3)The approximate gestational age, in weeks, of the unborn child involved in the abortion;(4)The age of the mother at the time of the abortion and, if the mother was younger than sixteen years of age at the time the child was conceived, the age of the father, if known;(5)The specific reason for the induced abortion, including the following:(a)The pregnancy was a result of rape;(b)The pregnancy was a result of incest;(c)The mother could not afford the child;(d)The mother did not desire to have the child;(e)The mother's emotional health was at risk;(f)The mother would suffer substantial and irreversible impairment of a major bodily function if the pregnancy continued;(g)Other, which shall be specified;(6)Whether the induced abortion was paid for by:(a)Private insurance;(b)Public health plan;(c)Other, which shall be specified;(7)Whether coverage was under:(a)A-fee-for-service insurance company;(b)A managed care company; or(c)Other, which shall be specified;(8)A description of the complications, if any, for each abortion and for the aftermath of each abortion;(9)The fee collected for performing or treating the abortion;(10)The type of anesthetic, if any, used for each induced abortion;(11)The method used to dispose of fetal tissue and remains;(12)The specialty area of the physician;(13)Whether the physician performing the induced abortion has been subject to license revocation or suspension or other professional sanction;(14)The number of previous abortions the mother has had;(15)The number of previous live births of the mother, including both living and deceased;(16)The date last normal menses began for the mother;(17)The name of physician performing the induced abortion;(18)The name of hospital or physician office where the induced abortion was performed;(19)A unique patient number that can be used to link the report to medical report for inspection, clarification, and correction purposes but that cannot, of itself, reasonably lead to the identification of any person obtaining an abortion;(20)Certain demographic information including:(a)State, county, and city of occurrence of abortion;(b)State, county, and city of residence of mother;(c)Marital status of mother;(d)Education status of mother;(e)Race of mother;(21)Certain Rhesus factor (Rh) information including:(a)Whether the mother received the Rh test;(b)Whether the mother tested positive for the Rh-negative factor;(c)Whether the mother received a Rho(D) immune globulin injection;(22)The sex of the unborn child and the following information:(a)Whether the pregnant mother used a sex-determining test;(b)What type of sex-determining test the pregnant mother used; and(c)The approximate gestational age of the unborn child, in weeks, when the test was taken;(23)The post-fertilization age of the unborn child and the following information:(a)How the post-fertilization age was determined or if a determination was not made, the basis of the determination that an exception existed;(b)Whether an intra-fetal injection was used in an attempt to induce fetal demise;(c)If the unborn child was deemed capable of experiencing pain, pursuant to 34-23A-70, the basis of the determination that it is a medical emergency;(d)If the unborn child was deemed capable of experiencing pain pursuant to 34-23A-70, whether the method of the abortion used was that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive and, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant mother or of the substantial and irreversible physical impairment of a major bodily function, not including a psychological or emotional condition, of the mother than other available methods;(24)The following information concerning the performance of a medical abortion:(a)Any complication that requires medical follow-up;(b)The medical follow-up that was required resulting from any complication;(c)The facility where the medical follow-up was performed; and(d)If the pregnant mother was sex trafficked. Source: SL 1998, ch 209, 1; SL 2004, ch 234, 1; SL 2014, ch 168, 5; SL 2016, ch 180, 7; SL 2022, ch 143, 3.
34-23A-35. Submission of physician's information report.By January fifteenth of each year, each physician who performed or treated an induced abortion during the previous calendar year or the physician's agent, shall submit to the department a copy of the physicians' information report described in 34-23A-34 with the requested data entered accurately and completely. Source: SL 1998, ch 209, 2; SL 2004, ch 234, 2.
34-23A-36. Annual public report--Information included.The department shall issue a public report on or before July first of each year providing the same detailed information required by the reporting forms required by 34-23A-34 to 34-23A-45, inclusive. The public report shall cover the entire previous calendar year and shall be compiled from the data in all the reporting forms required by 34-23A-34 to 34-23A-45, inclusive, and submitted to the department in accordance with 34-23A-34 to 34-23A-45, inclusive. Each public report shall also provide detailed information for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports may reasonably lead to identification of any physician who performed or treated an abortion or any mother who has had an abortion. Source: SL 1998, ch 209, 3; SL 2015, ch 183, 1; SL 2019, ch 150, 1.
34-23A-37. Information collection form.The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:(1)The number of pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1(1) and of those pregnant mothers, the number to whom the physician provided information in the capacity of a referring physician and the number to whom the physician provided information in the capacity of a physician who is to perform the abortion;(2)The number of pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1(2); of that number, the number provided by telephone and the number provided in person; of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion; and of each of those numbers, the number provided by the physician and the number provided by an agent of the physician;(3)The number of pregnant mothers who availed themselves of the opportunity to obtain a copy of the printed information described in 34-23A-10.3, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;(4)The number of pregnant mothers who availed themselves of the opportunity to view a sonogram image, hear the heartbeat of the unborn child, or both, pursuant to 34-23A-52, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;(5)The number of abortions performed by the physician in which information otherwise required to be provided at least twenty-four hours before the abortion was not provided because an immediate abortion was necessary to avert the pregnant mother's death, and the number of abortions in which such information was not so provided because a delay would have created a serious risk of substantial and irreversible impairment of a major bodily function;(6)The name of the hospital or physician office;(7)The month, day, and year of the report; and(8)A unique patient number that can be used to link the report under this section to the medical report for inspection, clarification, and correction purposes, but which cannot, of itself, reasonably lead to the identification of any pregnant mother obtaining an abortion. Source: SL 1998, ch 209, 4; SL 2004, ch 234, 3; SL 2008, ch 174, 2; SL 2019, ch 151, 1.
34-23A-38. Submission of information collection form.By February twenty-eighth of each year, each physician who provided, or whose agent provided, information to one or more females in accordance with 34-23A-10.1 during the previous calendar year shall submit to the Department of Health a copy of the physicians' information report form described in 34-23A-37 with the requested data entered accurately and completely. Source: SL 1998, ch 209, 5.
34-23A-39. Reporting form for use of notice described in 34-23A-7.The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:(1)The number of females or parents whom the physician or agent of the physician provided the notice described in 34-23A-7; and of each of those numbers, the number of females who, to the best of the reporting physician's information and belief, went on to obtain the abortion;(2)The number of females upon whom the physician performed an abortion without providing to the parent of the minor the notice described in 34-23A-7; of that number, the number who were emancipated minors, and the numbers from whom each of the exceptions to 34-23A-7 were applicable;(3)The number of abortions performed upon a female by the physician after receiving judicial authorization to do so without parental notice;(4)The same information described in subdivisions (1) through (3) of this section with respect to females for whom a guardian or conservator has been appointed pursuant to statutes on guardianship or conservatorship because of finding of incompetency ;(5)The name of hospital or physician office;(6)The date of report by month, day, and year; and(7)A unique patient number that can be used to link the report to medical report for inspection, clarification, and correction purposes but that cannot, of itself, reasonably lead to the identification of any person obtaining an abortion. Source: SL 1998, ch 209, 6; SL 2004, ch 234, 4.
34-23A-4. Abortion following twelfth week of pregnancy through twenty-second week of pregnancy.An abortion may be performed following the twelfth week of pregnancy and through the twenty-second week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either or in the case of hospital facilities not being available, in the licensed physician's medical clinic or office of practice subject to the requirements of 34-23A-6. (This section is repealed pursuant to SL 2005, ch 187, 3. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, 1, provides: "Section 7. This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.") Source: SL 1973, ch 146, 2(2); SL 2006, ch 119, 8 repeal rejected by referendum on Nov. 7, 2006; SL 2016, ch 180, 9.
34-23A-40. Submission of reporting form.By February twenty-eighth of each year, each physician who provided, or whose agent provided, the notice described in 34-23A-7, and any physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Health a copy of the physicians' information report form described in 34-23A-39 with the requested data entered accurately and completely. Source: SL 1998, ch 209, 7.
34-23A-41. Penalty for failure to submit reporting form.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.
34-23A-42. Failure to submit reporting form a misdemeanor.Any person who knowingly or recklessly fails to submit any report required by 34-23A-34 to 34-23A-45, inclusive, or submits false information under 34-23A-34 to 34-23A-45, inclusive, is guilty of a Class 2 misdemeanor. Source: SL 1998, ch 209, 9.
34-23A-43. Department to ensure compliance--Inspection.The department shall ensure compliance with 34-23A-34 to 34-23A-45, inclusive, and shall verify the data provided by periodic inspection of places where induced abortions are performed. Source: SL 1998, ch 209, 10.
34-23A-44. Department to ensure anonymity--Confidentiality of communication.No report made under 34-23A-34 to 34-23A-45, inclusive, may include the name of any female having an abortion. The Department of Health shall take care to ensure that none of the information included in any report required by 34-23A-34 to 34-23A-45, inclusive, including printed records, computerized records, or stored information of any type, can reasonably lead to the identification of any person obtaining an abortion. Except in the case of a mother who was younger than the age of sixteen at the time her child was conceived, any information collected by or under the direction of a physician or psychotherapist for the purpose of completing a report required by 34-23A-34 to 34-23A-45, inclusive, is privileged as a confidential communication under subdivision 19-19-503(b). In the case of a mother who was younger than the age of sixteen at the time the child was conceived, the privilege of confidentiality set forth in subdivision 19-19-503(b) may not be claimed in any judicial proceeding involving 22-22-1. Source: SL 1998, ch 209, 11; SL 2004, ch 234, 5.
34-23A-45. "Induced abortion" defined. 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.
34-23A-46. Licensing of abortion facilities.Except as provided by 34-23A-47, no person may establish or operate an abortion facility in this state without an appropriate license issued under 34-23A-46 to 34-23A-51, inclusive. Each abortion facility shall have a separate license. No abortion facility license is transferrable or assignable. Source: SL 2006, ch 182, 2.
34-23A-47. Exceptions to abortion facility license requirement.The following facilities need not be licensed under 34-23A-46 to 34-23A-51, inclusive:(1)A health care facility licensed pursuant to chapter 34-12; or(2)The office of a physician licensed pursuant to chapter 36-4 unless the office is used for performing abortions. Source: SL 2006, ch 182, 3.
34-23A-48. Application for abortion facility license--Contents--Fee--Inspection and investigation--Renewal.An applicant for an abortion facility license shall submit an application to the department on a form prescribed by the department. The application shall be accompanied by a nonrefundable license fee in an amount set by the department by rules promulgated pursuant to chapter 1-26. The license fee may not exceed two thousand dollars. The application shall contain evidence that there are one or more physicians on the staff of the facility who are licensed by the State Board of Medical and Osteopathic Examiners. The department shall issue a license if, after inspection and investigation, it finds that the applicant and the abortion facility meet the requirements of 34-23A-46 to 34-23A-51, inclusive, and the standards promulgated in rules adopted pursuant to 34-23A-46 to 34-23A-51, inclusive. As a condition for renewal of a license, the licensee shall submit to the department the annual license renewal fee set by rules promulgated pursuant to chapter 1-26. Source: SL 2006, ch 182, 4.
34-23A-49.1. Inspection information to be posted on department's public website.The Department of Health shall include information regarding each inspection of an abortion facility on the department's public website no later than forty-five days after the inspection. The information posted on the website must include the date and the result of each inspection. If the result of the inspection requires an abortion provider to take corrective action, the information must include the details of the required corrective action. Source: SL 2016, ch 178, 1.
34-23A-49. Compliance inspections.The department may inspect an abortion facility at reasonable times as necessary to ensure compliance with 34-23A-46 to 34-23A-51, inclusive. The department shall inspect an abortion facility before renewing the facility's license. Source: SL 2006, ch 182, 5.
34-23A-5. Abortion following twenty-second week of pregnancy.An abortion may be performed following the twenty-second week of pregnancy by a physician only in a hospital authorized under 34-23A-4 and only in the case of a medical emergency. (This section is repealed pursuant to SL 2005, ch 187, 4. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, 1, provides: "Section 7. This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.") Source: SL 1973, ch 146, 2(3); SL 2006, ch 119, 9 repeal rejected by referendum Nov. 7, 2006; SL 2016, ch 180, 10.
34-23A-50. Fees to be deposited in abortion facility licensing fund.Any fees collected under 34-23A-46 to 34-23A-51, inclusive, shall be deposited in the abortion facility licensing fund and are continuously appropriated to administer and enforce 34-23A-46 to 34-23A-51, inclusive. Source: SL 2006, ch 182, 6.
34-23A-51. Promulgation of rules--Minimum standards for abortion facilities.The department shall adopt rules pursuant to chapter 1-26 for the issuance, renewal, denial, suspension, and revocation of a license to operate an abortion facility. The department shall adopt, by rules promulgated pursuant to chapter 1-26, minimum standards to protect the health and safety of a patient of an abortion facility. The rules shall establish minimum standards regarding:(1)Facility safety and sanitation;(2)Qualifications and supervision of professional and nonprofessional personnel;(3)Emergency equipment and procedures to provide emergency care;(4)Medical records and reports;(5)Procedure and recovery rooms;(6)Infection control;(7)Medication control;(8)Quality assurance;(9)Facility and laboratory equipment requirements, sanitation, testing, and maintenance;(10)Information on and access to patient follow-up care; and(11)Patient screening, assessment, and monitoring. Source: SL 2006, ch 182, 7.
34-23A-52.1. Medical emergency exception.The provisions of 34-23A-52 do not apply to an abortion provider or facility in the case of a medical emergency. Upon a determination by a physician under this section that a medical emergency exists, the physician shall certify the specific medical conditions that constitute the emergency. Source: SL 2019, ch 152, 2.
34-23A-52. Opportunity to view sonogram and hear child's heartbeat--Documentation of response to offer.No physician may take a consent for an abortion from a pregnant mother without first offering the pregnant mother an opportunity to view a sonogram and hear the heartbeat of her unborn child. The physician shall offer to describe the images on the sonogram if the pregnant mother consents. The pregnant mother's response to the offer under this section shall be documented by the physician in the patient's medical records, including the date and time of the offer and the pregnant mother's signature to her response to the offer. Source: SL 2008, ch 174, 1; SL 2019, ch 152, 1.
34-23A-53. Definition of terms.Terms as used in 34-23A-53 to 34-23A-62, inclusive, mean:(1)"Pregnancy help center," any entity whether it be a form of corporation, partnership, or proprietorship, whether it is for profit, or nonprofit, that has as one of its principal missions to provide education, counseling, and other assistance to help a pregnant mother maintain her relationship with her unborn child and care for her unborn child, which entity has a medical director who is licensed to practice medicine in the State of South Dakota, or that it has a collaborative agreement with a physician licensed in South Dakota to practice medicine to whom women can be referred, which entity does not perform abortions and is not affiliated with any physician or entity that performs abortions, and does not now refer pregnant mothers for abortions, and has not referred any pregnant mother for abortions for the three-year period immediately preceding July 1, 2011, which entity does not place children for adoption, and which entity is in compliance with the requirements of 34-23A-59.1;(2)Deleted by SL 2012, ch 186, 1;(3)Deleted by SL 2012, ch 186, 1;(4)"Coercion," exists if the pregnant mother is induced to consent to an abortion by any other person under circumstances, or in such a manner, which deprives her from making a free decision or exercising her free will. Source: SL 2011, ch 161, 7; SL 2012, ch 186, 1; SL 2014, ch 167, 1.
34-23A-54. Legislative findings.The Legislature finds that as abortion medicine is now practiced in South Dakota that:(1)In the overwhelming majority of cases, abortion surgery and medical abortions are scheduled for a pregnant mother without the mother first meeting and consulting with a physician or establishing a traditional physician-patient relationship;(2)The surgical and medical procedures are scheduled by someone other than a physician, without a medical or social assessment concerning the appropriateness of such a procedure or whether the pregnant mother's decision is truly voluntary, uncoerced, and informed, or whether there has been an adequate screening for a pregnant mother with regard to the risk factors that may cause complications if the abortion is performed;(3)Such practices are contrary to the best interests of the pregnant mother and her child and there is a need to protect the pregnant mother's interest in her relationship with her child and her health by passing remedial legislation;(4)There exists in South Dakota a number of pregnancy help centers, as defined in 34-23A-53, which have as their central mission providing counseling, education, and other assistance to pregnant mothers to help them maintain and keep their relationship with their unborn children, and that such counseling, education, and assistance provided by these pregnancy help centers is of significant value to the pregnant mothers in helping to protect their interest in their relationship with their children; and(5)It is a necessary and proper exercise of the state's authority to give precedence to the mother's fundamental interest in her relationship with her child over the irrevocable method of termination of that relationship by induced abortion. Source: SL 2011, ch 161, 1.
34-23A-55. Duties of physician in addition to common law.The physician's common law duty to determine that the physician's patient's consent is voluntary and uncoerced and informed applies to all abortion procedures. The requirements expressly set forth in 34-23A-53 to 34-23A-62, inclusive, that require procedures designed to insure that a consent to an abortion is voluntary and uncoerced and informed, are an express clarification of, and are in addition to, those common law duties. Source: SL 2011, ch 161, 2.
34-23A-56. Scheduling of abortion--Prior requirements.No surgical or medical abortion may be scheduled except by a licensed physician and only after the physician physically and personally meets with the pregnant mother, consults with her, and performs an assessment of her medical and personal circumstances. Only after the physician completes the consultation and assessment complying with the provisions of 34-23A-53 to 34-23A-62, inclusive, may the physician schedule a surgical or medical abortion, but in no instance may the physician schedule such surgical or medical abortion to take place in less than seventy-two hours from the completion of such consultation and assessment except in a medical emergency as set forth in 34-23A-10.1 and subdivision 34-23A-1(5). No Saturday, Sunday, or annually recurring holiday, as specifically named in 1-5-1, may be included or counted in the calculation of the seventy-two hour minimum time period between the initial physician consultation and assessment and the time of the scheduled abortion procedure. No physician may have the pregnant mother sign a consent for the abortion on the day of this initial consultation and no physician, abortion provider, hospital, or clinic, at which the physician performs an abortion, may accept payment for an abortion until a consent is signed after full compliance with the provisions of 34-23A-53 to 34-23A-62, inclusive. No physician may take a signed consent from the pregnant mother unless the pregnant mother is in the physical presence of the physician and except on the day the abortion is scheduled, and only after complying with the provisions of 34-23A-53 to 34-23A-62, inclusive, as they pertain to the initial consultation, and only after complying with the provisions of subdivisions 34-23A-10.1(1) and (2). During the initial consultation between the physician and the pregnant mother, prior to scheduling a surgical or medical abortion, the physician shall:(1)Do an assessment of the pregnant mother's circumstances to make a reasonable determination whether the pregnant mother's decision to submit to an abortion is the result of any coercion or pressure from other persons. In conducting that assessment, the physician shall obtain from the pregnant mother the age or approximate age of the father of the unborn child, and the physician shall consider whether any disparity in age between the mother and father is a factor when determining whether the pregnant mother has been subjected to pressure, undue influence, or coercion;(2)Provide the written disclosure required by subdivision 34-23A-10.1(1) and discuss them with her to determine that she understands them;(3)Provide the pregnant mother with the names, addresses, and telephone numbers of all pregnancy help centers that are registered with the South Dakota Department of Health pursuant to 34-23A-53 to 34-23A-62, inclusive, and provide her with written instructions that set forth the following:(a)That prior to the day of any scheduled abortion the pregnant mother must have a consultation at a pregnancy help center at which the pregnancy help center shall inform her about what education, counseling, and other assistance is available to help the pregnant mother keep and care for her child, and have a private interview to discuss her circumstances that may subject her decision to coercion;(b)That prior to signing a consent to an abortion, the physician shall first obtain from the pregnant mother, a written statement that she obtained a consultation with a pregnancy help center, which sets forth the name and address of the pregnancy help center, the date and time of the consultation, and the name of the counselor at the pregnancy help center with whom she consulted;(4)Conduct an assessment of the pregnant mother's health and circumstances to determine if any of the following preexisting risk factors associated with adverse psychological outcomes following an abortion are present in her case:(a)Coercion;(b)Pressure from others to have an abortion; (c)The pregnant mother views an abortion to be in conflict with her personal or religious values;(d)The pregnant mother is ambivalent about her decision to have an abortion, or finds the decision of whether to have an abortion difficult and she has a high degree of decisional distress;(e)That the pregnant mother has a commitment to the pregnancy or prefers to carry the child to term;(f)The pregnant mother has a medical history that includes a pre-abortion mental health or psychiatric problem; and(g)The pregnant mother is twenty-two years old or younger.The physician making the assessment shall record in the pregnant mother's medical records, on a form created for such purpose, each of the risk factors associated with adverse psychological outcomes following an abortion listed in this subdivision that are present in her case and which are not present in her case;(4A)Inquire into whether the pregnant mother knows the sex of her unborn child and if so, whether the mother is seeking an abortion due to the sex of the unborn child.(5)The physician shall identify for the pregnant mother and explain each of the risk factors associated with adverse psychological outcomes following an abortion listed in subdivision (4) which are present in her case;(6)The physician shall advise the pregnant mother of each risk factor associated with adverse psychological outcomes following an abortion listed in subdivision 34-23A-56(4) which the physician determines are present in her case and shall discuss with the pregnant mother, in such a manner and detail as is appropriate, so that the physician can certify that the physician has made a reasonable determination that the pregnant mother understands the information imparted, all material information about the risk of adverse psychological outcomes known to be associated with each of the risk factors found to be present;(7)In the event that no risk factor is determined to be present, the physician shall include in the patient's records a statement that the physician has discussed the information required by the other parts of this section and that the physician has made a reasonable determination that the mother understands the information in question;(8)Records of the assessments, forms, disclosures, and instructions performed and given pursuant to this section shall be prepared by the physician and maintained as a permanent part of the pregnant mother's medical records. Source: SL 2011, ch 161, 3; SL 2012, ch 186, 2; SL 2013, ch 157, 1; SL 2014, ch 168, 3; SL 2015, ch 184, 1.
34-23A-57. Patient's written signed statement.On the day on which the abortion is scheduled, no physician may take a consent for an abortion nor may the physician perform an abortion, unless the provisions of 34-23A-53 to 34-23A-62, inclusive, have been met, and the physician first obtains from the pregnant mother, a written, signed statement setting forth all information required by subsection 34-23A-56(3)(b). The written statement signed by the pregnant mother shall be maintained as a permanent part of the pregnant mother's medical records. Only the physician who meets with and consults with the pregnant mother pursuant to 34-23A-56 can take her consent and perform her abortion unless serious unforeseen circumstances prevent that physician from taking the consent and performing the abortion. Source: SL 2011, ch 161, 4; SL 2012, ch 186, 3.
34-23A-58.1. Certification of conditions by pregnancy help centers.On or before January 2, 2013, each pregnancy help center which has been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, as a condition to remain on the state registry of pregnancy help centers, shall submit a supplemental affidavit that certifies that:(1)It has available either on staff, or pursuant to a collaborative agreement, a licensed counselor, or licensed psychologist, or licensed certified social worker, or licensed social worker, or licensed nurse, or licensed marriage and family therapist, or licensed physician, to provide the counseling related to the assessment for coercion and the associated imparting of information described in 34-23A-53 to 34-23A-59.2, inclusive; and(2)It shall strictly adhere to the confidentiality requirements set forth in 34-23A-53 to 34-23A-59.2, inclusive. Source: SL 2012, ch 186, 4; SL 2016, ch 179, 1.
34-23A-58.2. Pregnancy help centers placed on registry before January 1, 2012.Any pregnancy help center which has been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, shall remain on the registry of the Department of Health and is eligible to provide the counseling and interviews described in 34-23A-53 to 34-23A-62 for pregnancy help centers until January 1, 2013. Thereafter, each pregnancy help center shall remain on the state registry of the Department of Health and maintain its eligibility to provide the counseling and interviews by submitting to the Department of Health the supplemental affidavit provided for in 34-23A-58.1. Source: SL 2012, ch 186, 5.
34-23A-58.3. Pregnancy help centers placed on registry after January 1, 2012.Any pregnancy help center which has not been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, which submits a written request or application to be listed on the state registry of pregnancy help centers, in order to be included on the registry, shall submit to the Department of Health an affidavit that certifies all of the information required by 34-23A-58 as well as the information required by 34-23A-58.1. Source: SL 2012, ch 186, 6.
34-23A-58.4. Registry may not include entities licensed to place children for adoption or perform abortions--List of licensed persons who provide counseling--Removal from registry for failure to comply.Prior to adding an entity to the registry of pregnancy help centers, the department shall cross-reference the state's records to ensure that the entity is not licensed to place children for adoption or licensed to perform abortions. The department may not list on the registry any entity which is licensed to place children for adoption or which is licensed to perform abortions. The department shall cross-reference the state's records at least once each calendar year to ensure that any pregnancy help center already on the registry of pregnancy help centers has not been licensed to place children for adoption or licensed to perform abortions. If a pregnancy help center on the registry is so licensed, the department shall remove that pregnancy help center from the registry. Each year, commencing in 2015, each pregnancy help center listed on the state registry maintained by the department shall, by January twentieth, provide the department with a list of licensed persons who may provide the counseling at the pregnancy help center in compliance with 34-23A-58.1, 34-23A-58.2, and 34-23A-58.3. If a pregnancy help center fails to provide such list by January twentieth in any particular year, the department shall issue a notice to the pregnancy help center that if it fails to provide such list of licensed persons within ninety days of the receipt of such notice, the department will remove the pregnancy help center from the registry of pregnancy help centers authorized to provide the counseling required by 34-23A-53 to 34-23A-61, inclusive, and described under 34-23A-59. The department shall cross-reference the state's records to confirm that the licensed persons listed by the pregnancy help center maintain a current license. The department may inquire of any licensed persons listed by a registered pregnancy help center to confirm that they are available for the counseling required by the law. If the department determines that a pregnancy help center on the registry does not have a person currently licensed to provide the required counseling, the department shall notify the pregnancy help center of that determination and if the pregnancy help center cannot demonstrate that it has a licensed person to provide the counseling consistent with the law, the department shall remove the pregnancy help center from the registry. If a pregnancy help center is removed by the department from its registry pursuant to this section, the department shall inform all physicians, facilities, and entities to whom the department provides a copy of the registry of pregnancy help centers that the pregnancy help center is removed. Source: SL 2014, ch 167, 3.
34-23A-58. Registry of pregnancy help centers.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.
34-23A-59.1. Licensed professionals required at pregnancy help centers.Any pregnancy help center listed on the Department of Health registry of pregnancy help centers prior to January 1, 2012, shall, beginning on January 1, 2013, have available either on staff or pursuant to a collaborative agreement, a licensed counselor, or licensed psychologist, or licensed certified social worker, or licensed social worker, or licensed nurse, or licensed marriage and family therapist, or a licensed physician to meet privately with the pregnant mother to provide the counseling and meeting required by 34-23A-53 to 34-23A-59.2, inclusive. Any pregnancy help center placed on the state registry on or after January 1, 2012, shall have one or more such licensed professionals available on staff or pursuant to collaborative agreement for such purposes beginning on January 1, 2012. Source: SL 2012, ch 186, 8; SL 2016, ch 179, 2.
34-23A-59.2. Release of confidential information as misdemeanor.Any person who knowingly and intentionally releases any information obtained during any consultations resulting from 34-23A-53 to 34-23A-61, inclusive, under circumstances not in accord with the confidentiality provisions required by 34-23A-53 to 34-23A-61, inclusive, is guilty of a Class 2 misdemeanor. Such a conviction of a Class 2 misdemeanor shall be reported to any agency or board responsible for licensing or certifying the persons who conducted the counseling required by 34-23A-53 to 34-23A-61, inclusive. Source: SL 2012, ch 186, 9.
34-23A-59. Pregnancy help center consultations.A pregnancy help center consultation required by 34-23A-53 to 34-23A-59.2, inclusive, shall be implemented as follows:(1)The pregnancy help center shall be permitted to:(a)Interview the pregnant mother to determine whether the pregnant mother has been subject to any coercion to have an abortion, or is being pressured into having an abortion;(b)Provide counseling in connection with any coercion or pressure;(c)Inform the pregnant mother in writing or orally, or both, of the counseling, education, and assistance available to the pregnant mother to assist her in maintaining her relationship with her unborn child and in caring for the child through the pregnancy help center or any other organization, faith-based program, or governmental program;(d)Provide a statement orally and in writing to the pregnant mother that "an abortion will terminate the life of a whole, separate, unique, living human being," and provide counseling in lay terms that explain this disclosure, and to ascertain that the pregnant mother understands this disclosure, and for the purpose of this disclosure, the definition of human being found in subdivision 34-23A-1(4) applies; and(e)Provide statements orally and in writing setting forth the disclosures required by subsections 34-23A-10.1(1)(c) and (d) and provide counseling in lay terms that explain those disclosures. The pregnancy help center may, if it deems it appropriate, discuss matters pertaining to adoption;(2)The pregnancy help center, its agents, or employees may not:(a)Discuss with any pregnant mother religion or religious beliefs, either of the mother or the counselor, unless the pregnant mother consents in writing;(b)Discuss the physical or psychological risks to a woman posed by an abortion. However, if, during the mandatory pregnancy help center consultation interview, the pregnant mother requests the opportunity to discuss the risks of an abortion with pregnancy help center personnel, the pregnancy help center may schedule a separate and distinct appointment for the pregnant mother to meet with a physician for the purpose of discussing the physical and psychological risks of abortion. Any requests shall be evidenced in writing signed by the pregnant mother;(3)The pregnancy help center is under no obligation to communicate with the abortion provider in any way, and is under no obligation to submit any written or other form of confirmation that the pregnant mother consulted with the pregnancy help center. The pregnancy help center may voluntarily provide a written statement of assessment to the abortion provider, whose name the woman shall give to the pregnancy help center, if the pregnancy help center obtains information that indicates that the pregnant mother has been subjected to coercion or that her decision to consider an abortion is otherwise not voluntary or not informed. The physician shall make the physician's own independent determination whether or not a pregnant mother's consent to have an abortion is voluntary, uncoerced, and informed before having the pregnant mother sign a consent to an abortion. The physician shall review and consider any information provided by the pregnancy help center as one source of information, which in no way binds the physician, who shall make an independent determination consistent with the provisions of 34-23A-53 to 34-23A-59.2, inclusive, the common law requirements, and accepted medical standards; (4)Any written statement or summary of assessment prepared by the pregnancy help center as a result of counseling of a pregnant mother as a result of the procedures created by 34-23A-53 to 34-23A-59.2, inclusive, may be forwarded by the pregnancy help center, in its discretion, to the abortion physician. If forwarded to the physician, the written statement or summary of assessment shall be maintained as a permanent part of the pregnant mother's medical records. Other than forwarding such documents to the abortion physician, no information obtained by the pregnancy help center from the pregnant mother may be released, without the written signed consent of the pregnant mother or unless the release is in accordance with federal, state, or local law;(5)Commencing on September 1, 2016, the counseling authorized pursuant to this section shall be conducted in accordance with the Uniform Policy and Procedures Guidelines developed and promulgated by the South Dakota Association of Registered Pregnancy Help Centers and adopted in 2015.Nothing in 34-23A-53 to 34-23A-59.2, inclusive, may be construed to impose any liability upon a pregnancy help center. However, the failure of a pregnancy help center to comply with the conditions of 34-23A-58.1, 34-23A-59.1 or this section for being authorized to provide the pregnancy help center counseling, if uncorrected, may result in the Department of Health removing the pregnancy help center from the state's registry of pregnancy help centers. Source: SL 2011, ch 161, 6; SL 2012, ch 186, 7; SL 2016, ch 179, 3; SL 2018, ch 205, 16.
34-23A-6. Blood supply and testing facilities to be available during abortion--Inoculations required.Any abortion performed under the provisions of 34-23A-4 or 34-23A-5 shall be performed only in a facility which has a blood bank or a sufficient supply of blood immediately available and such facilities shall provide for Rhesus factor (Rh) testing and Rho-gam, Gammulin or any other product of equivalency inoculations shall be required for women undergoing abortion who have the Rh-negative factor. Source: SL 1973, ch 146, 3.
34-23A-60. Civil action for failure to comply with 34-23A-56 and 34-23A-57.Any woman who undergoes an abortion, or her survivors, where there has been an intentional, knowing, or negligent failure to comply with the provisions of 34-23A-56 and 34-23A-57 may bring a civil action, and obtain a civil penalty in the amount of ten thousand dollars, plus reasonable attorney's fees and costs, jointly and severally from the physician who performed the abortion and the abortion facility where the abortion was performed.This amount shall be in addition to any damages that the woman or her survivors may be entitled to receive under any common law or statutory provisions, to the extent that she sustains any injury. This amount shall also be in addition to the amounts that the woman or other survivors of the deceased unborn child may be entitled to receive under any common law or statutory provisions, including but not limited to the wrongful death statutes of this state. Source: SL 2011, ch 161, 8.
34-23A-61. Civil action for failure to comply with chapter.In any civil action presenting a claim arising from a failure to comply with any of the provisions of this chapter, the following shall apply:(1)The failure to comply with the requirements of this chapter relative to obtaining consent for the abortion shall create a rebuttable presumption that if the pregnant mother had been informed or assessed in accordance with the requirements of this chapter, she would have decided not to undergo the abortion;(2)If the trier of fact determines that the abortion was the result of coercion, and it is determined that if the physician acted prudently, the physician would have learned of the coercion, there is a nonrebuttable presumption that the mother would not have consented to the abortion if the physician had complied with the provisions of 34-23A-53 to 34-23A-62, inclusive;(3)If evidence is presented by a defendant to rebut the presumption set forth in subdivision (1), then the finder of fact shall determine whether this particular mother, if she had been given all of the information a reasonably prudent patient in her circumstance would consider significant, as well as all information required by 34-23A-53 to 34-23A-62, inclusive, to be disclosed, would have consented to the abortion or declined to consent to the abortion based upon her personal background and personality, her physical and psychological condition, and her personal philosophical, religious, ethical, and moral beliefs;(4)The pregnant mother has a right to rely upon the abortion doctor as her source of information, and has no duty to seek any other source of information, other than from a pregnancy help center as referenced in 34-23A-56 and 34-23A-57, prior to signing a consent to an abortion;(5)No patient or other person responsible for making decisions relative to the patient's care may waive the requirements of this chapter, and any verbal or written waiver of liability for malpractice or professional negligence arising from any failure to comply with the requirements of this chapter is void and unenforceable. Source: SL 2011, ch 161, 9; SL 2012, ch 186, 10.
34-23A-62. Repeal not implied.Nothing in 34-23A-53 to 34-23A-62, inclusive, repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2011, ch 161, 10.
34-23A-63. Definitions regarding sex-selective abortions.Terms as used in this chapter mean:(1)"Sex-selective abortion," the performance of an abortion with knowledge that the pregnant mother is seeking the abortion due to the sex of the unborn child;(2)"Sex-determining test," any scientific test that is capable of determining the sex of an unborn child. Source: SL 2014, ch 168, 1.
34-23A-64. Sex-selective abortions prohibited--Felony.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.
34-23A-65. Repeal not implied.Nothing in subdivision 34-23A-10.1(3), 34-23A-34(22), or 34-23A-56(4A) or 34-23A-63 or 34-23A-64 repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2014, ch 168, 6.
34-23A-67. Legislative findings as to unborn child capable of experiencing pain.The Legislature finds that:(1)The state has a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain;(2)There is substantial medical evidence that an unborn child is capable of experiencing pain by twenty weeks after fertilization. Source: SL 2016, ch 180, 1.
34-23A-68. Definitions regarding unborn child capable of experiencing pain.Terms used in 34-23A-34 and 34-23A-67 to 34-23A-72, inclusive mean:(1)"Post-fertilization age," the age of an unborn child as calculated from fertilization;(2)"Probable post-fertilization age of the unborn child," what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced;(3)"Reasonable medical judgment," a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;(4)"Woman," a female human being whether or not she has reached the age of majority. Source: SL 2016, ch 180, 2.
34-23A-69. Abortion of unborn child capable of feeling pain prohibited--Felony--Exceptions.It is a Class 6 felony to intentionally or recklessly perform, or attempt to perform, an abortion of an unborn child capable of feeling pain unless it is a medical emergency. No penalty may be assessed against the woman upon whom the abortion is performed, or attempted to be performed. Source: SL 2016, ch 180, 3; SL 2017, ch 161, 1.
34-23A-7.1. Abortion without notification--Participation and representation of female--Confidentiality--Appeal of denial.In any proceeding pursuant to subdivision 34-23A-7(1) or 34-23A-7(3), the pregnant female may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court- appointed counsel and shall, upon her request, provide her with such counsel. Proceedings in the court under subdivision 34-23A-7(1) or 34-23A-7(3) shall be confidential and shall be given such precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant female. A judge of the court who conducts proceedings under subdivision 34-23A-7(1) or 34-23A-7(3) shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained including the judge's own findings and conclusions.An expedited confidential appeal shall be available to any such pregnant female for whom the court denies an order authorizing an abortion without notification. An order authorizing an abortion without notification is not subject to appeal. No filing fees are required of any such pregnant female at either the trial or the appellate level. Access to the trial court for the purposes of such a petition or motion, and access to the appellate courts for purposes of making an appeal from denial of the same, shall be afforded such a pregnant female twenty-four hours a day, seven days a week. Notwithstanding any other provision of law, all pleadings, papers, and other documents filed pursuant to this section are confidential, are not public records, and are not open for inspection by any member of the public for any purpose. Source: SL 1997, ch 204, 3; SL 2005, ch 189, 2. 
34-23A-7. Forty-eight hour notice to parent or guardian for minor or incompetent female--Delivery of notice--Exceptions.No abortion may be performed upon an unemancipated minor or upon a female for whom a guardian has been appointed because of a finding of incompetency, until at least forty-eight hours after written notice of the pending operation has been delivered in the manner specified in this section. The notice shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent. In lieu of such delivery, notice may be made by certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and restricted delivery to the addressee, which means a postal employee can only deliver the mail to the authorized addressee. If notice is made by certified mail, the time of delivery shall be deemed to occur at twelve noon on the next day on which regular mail delivery takes place, subsequent to mailing.No notice is required under this section if:(1)The attending physician certifies in the pregnant unemancipated minor's medical record that, on the basis of the physician's good faith clinical judgment, a medical emergency exists and there is insufficient time to provide the required notice. Unless the unemancipated minor gives notice of her intent to seek a judicial waiver, a good faith effort shall be made by the attending physician or the physician's agent to verbally inform the parent within twenty-four hours after the performance of the emergency abortion, that an emergency abortion was performed on the unemancipated minor and shall also be sent a written notice, in the manner described in this section, of the performed emergency abortion. If the unemancipated minor, upon whom an emergency abortion was performed, elects not to allow the notification of her parent, any judge of a circuit court shall, upon petition, or motion, and after an appropriate hearing, authorize the waiving of the required notice of the performed abortion if the judge determines, by clear and convincing evidence that the unemancipated minor is mature and capable of determining whether notification should be given, or that the waiver would be in the unemancipated minor's best interest; or(2)The person who is entitled to notice certifies in writing that the person has been notified. The certification is valid only if the signature has been notarized. If the person does not provide a notarized signature, the person shall be sent a written notice as described in this section. No abortion as described in this section may be performed until at least forty-eight hours after written notice of the pending operation has been delivered in the manner specified in this section; or(3)A pregnant female elects not to allow the notification of her parent, in which case, any judge of a circuit court shall, upon petition, or motion, and after an appropriate hearing, authorize a physician to perform the abortion if the judge determines, by clear and convincing evidence, that the pregnant female is mature and capable of giving informed consent to the proposed abortion. If the judge determines that the pregnant female is not mature, or if she does not claim to be mature, the judge shall determine, by clear and convincing evidence, whether the performance of an abortion upon her without notification of her parent would be in her best interests and shall authorize a physician to perform the abortion without such notification if the judge concludes that her best interests would be served thereby. Source: SL 1973, ch 146, 6; SL 1993, ch 249, 2; SL 1997, ch 204, 2; SL 2005, ch 189, 1.
34-23A-70. Time when unborn child capable of feeling pain--Diagnosis of post-fertilization age of unborn child.For purposes of 34-23A-34 and 34-23A-67 to 34-23A-73, inclusive, an unborn child is capable of feeling pain when the physician performing, or attempting to perform, the abortion or another physician upon whose determination that physician relies, determines that the probable post-fertilization age of the unborn child is twenty or more weeks.In determining the post-fertilization age of the unborn child, the physician shall make inquiries of the pregnant woman and perform medical examinations and tests that a reasonably prudent physician would perform to accurately diagnose the post-fertilization age of an unborn child. Source: SL 2016, ch 180, 4.
34-23A-71. Intent of pregnant mother to inflict self-harm not medical emergency.No medical emergency may form the basis for an exception to 34-23A-69 if it is based on a claim or diagnosis that the pregnant mother will engage in conduct which she intends to result in her death or other self harm. Source: SL 2016, ch 180, 5.
34-23A-72. Requirements when abortion of unborn child capable of feeling pain necessary due to medical emergency.When an abortion of an unborn child capable of feeling pain is necessary due to a medical emergency, the physician shall deliver the child in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, but only if it is consistent with preserving the pregnant mother's life and preventing an irreversible impairment of a major bodily function of the pregnant woman. Source: SL 2016, ch 180, 6.
34-23A-73. Repeal not implied.Nothing in SL 2016, ch 180 repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2016, ch 180, 8.
34-23A-74. Legislative finding that Planned Parenthood facility in Sioux Falls performs ninety-eight percent of abortions.The Legislature finds that the Planned Parenthood facility in Sioux Falls, South Dakota is the only abortion clinic in the State of South Dakota and approximately ninety-eight percent of all abortions performed in South Dakota are performed at that Planned Parenthood facility. Source: SL 2018, ch 205, 1.
34-23A-75. Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1(1)(b) and (e)(ii).The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions and pre-abortion counseling at the Planned Parenthood facility in Sioux Falls, South Dakota have been providing pre-abortion counseling that does not comply with the mandatory disclosures required by subsections 34-23A-10.1(1)(b) and (e)(ii). Source: SL 2018, ch 205, 2.
34-23A-76. Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.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.
34-23A-77. Legislative finding that statement in 34-23A-76 does not comply with subsection 34-23A-10.1(1)(e)(ii).The Legislature finds that the disclosure in 34-23A-76, made at the Planned Parenthood facility in Sioux Falls, South Dakota does not comply with subsection 34-23A-10.1(1)(e)(ii), and expressly denies the disclosure required by that subsection of South Dakota's informed consent abortion law. Source: SL 2018, ch 205, 4.
34-23A-78. Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(e)(ii).The Legislature finds that the failure to comply with the provisions of subsection 34-23A-10.1(1)(e)(ii) is contrary to the interests of pregnant mothers and pregnant mothers' need to make informed and voluntary decisions, and is not in keeping with the spirit and purpose of 34-23A-1.3 to 34-23A-1.7, inclusive, and 34-23A-10.1, and the holding of the United States Court of Appeals in Planned Parenthood v. Rounds, 686 F.3d 889 (8th Cir. 2012)(en banc) and the final amended judgment of the U.S. District Court, dated December 28, 2012. Source: SL 2018, ch 205, 5.
34-23A-79. Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.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, as a matter of biology, the abortion will end a developing, living organism (an "embryo" or a "fetus") of the human species ("Homo sapiens") that has a complete, separate genetic makeup that is unique to that embryo or fetus." Source: SL 2018, ch 205, 6.
34-23A-80. Legislative finding that statement in 34-23A-79 does not comply with subsection 34-23A-10.1(1)(b).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.
34-23A-81. Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(b).The Legislature finds that the failure to comply with subsection 34-23A-10.1(1)(b) is contrary to the interests of pregnant mothers and pregnant mothers' need to make truly informed and voluntary decisions, and is not in keeping with the spirit and purpose of the law and the holdings of the United States Court of Appeals in Planned Parenthood v. Rounds, 530 F.3d 724 (8th Cir. 2008)(en banc) and the United States District Court, entered August 20, 2009, Planned Parenthood v. Rounds, 650 F.Supp. 2d 972, 976 (S.D., S. Div. 2009). Source: SL 2018, ch 205, 8.
34-23A-82. Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1(1)(c) and (d).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 have provided written disclosures before an abortion that do not adequately disclose or adequately explain the mandatory disclosures required by subsections 34-23A-10.1(1)(c) and (d). Source: SL 2018, ch 205, 9.
34-23A-83. Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.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 written disclosures to pregnant mothers considering an abortion that include the statement:"Politicians in the State of South Dakota require us to tell you that you are legally and constitutionally protected against being forced to have an abortion." Source: SL 2018, ch 205, 10.
34-23A-84. Legislative finding that statement in 34-23A-83 fails to adequately provide, explain, or discuss disclosures required by subsections 34-23A-10.1(1)(c) and (d).The Legislature finds that, while the statement in 34-23A-83 is a true statement, the statement fails to adequately provide, explain, or discuss the disclosures actually required by subsections 34-23A-10.1(1)(c) and (d) which requires a disclosure "(c) [t]hat the pregnant woman has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the laws of South Dakota," and "(d) [t]hat by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship would be terminated." Source: SL 2018, ch 205, 11.
34-23A-85. Legislative finding regarding noncompliance with subsections 34-23A-10.1(1)(c) and (d).The Legislature finds that failure to adequately provide and discuss the disclosures required by subsections 34-23A-10.1(1)(c) and (d) is contrary to the interests of pregnant mothers considering an abortion and the required disclosures are important for the pregnant mothers to fully understand that the pregnant mother has an existing relationship with her unborn child while the child is in utero, that the law recognizes this relationship has value to her, and that by terminating that relationship she loses something of great value to herself, and gives up one of the greatest rights she has in all of life. Source: SL 2018, ch 205, 12.
34-23A-86. Legislative finding regarding pregnant mother's appreciation and understanding of disclosures required by subsections 34-23A-10.1(1)(b), (c) and (d).The Legislature finds and reaffirms that it is essential to the ability of a pregnant mother to make a truly informed and voluntary consent to an abortion, and essential to the legal protection of her constitutional rights to maintain her relationship with her child, and that she have a full appreciation and understanding of the disclosures required by subsections 34-23A-10.1(1)(b), (c) and (d). Source: SL 2018, ch 205, 13.
34-23A-87. Legislative finding regarding phrase "politicians in the State of South Dakota require us to tell you that...".The Legislature finds that the use of the phrase "politicians in the State of South Dakota require us to tell you that" is antithetical to the purpose and effectiveness of the disclosures, and evidences a hostility to the required disclosures and signals to the pregnant mothers that the required disclosures, to the extent they are made at all, should be ignored. Source: SL 2018, ch 205, 14.
34-23A-88. Legislative finding regarding inclusion of disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) in counseling provided by registered pregnancy help centers.The Legislature finds that the physicians, agents, and employees who perform or assist in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have proven to be unreliable providers and counselors of the disclosures required by subsections 34-23A-10.1(1)(b), (c), (d), and (e)(ii), such that it is in the interests of the pregnant mothers that disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) be included in the mandatory third party counseling provided by registered pregnancy help centers as authorized by 34-23A-59. Source: SL 2018, ch 205, 15.
34-23A-89. Definition--Down syndrome. For purposes of  34-23A-89 to 34-23A-93, inclusive, the term, Down syndrome, is a chromosome disorder associated with an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one. Source: SL 2021, ch 151, 1.
34-23A-90. Down syndrome--Abortion prohibited--Penalty. No person may perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion because the unborn child either has been diagnosed with Down syndrome or has had a screening indicating that the unborn child may have Down syndrome. Any person who violates this section is guilty of a Class 6 felony. No penalty may be assessed against the woman upon whom the abortion is performed or attempted to be performed. Source: SL 2021, ch 151,  2.
34-23A-91. Intentional, knowing, or negligent failure to comply--Civil action.Where there has been an intentional, knowing, or negligent failure to comply with the provisions of  34-23A-89 to 34-23A-93, inclusive, a pregnant woman who undergoes an abortion, or her survivors, may bring a civil action, and obtain liquidated damages in the amount of ten thousand dollars, plus reasonable attorney's fees and costs jointly and severally from the physician who performed the abortion and the abortion facility where the abortion was performed.This amount shall be in addition to any damages that the woman or survivors may be entitled to receive under any common law or statutory provisions, to the extent that she sustains any injury. This amount shall also be in addition to the amounts that the woman or other survivors of the deceased unborn child may be entitled to receive under any common law or statutory provisions, including the wrongful death statutes of this state. Source: SL 2021, ch 151, 3.
34-23A-92. Exemptions to save life of the mother. The provisions of  34-23A-89 to 34-23A-93, inclusive, do not apply to any abortion that is necessary to save the life of the pregnant woman because her life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would suffice for that purpose. Source: SL 2021, ch 151, 4.
34-23A-93. Nonrepealer clause. Nothing in 34-23A-89 to 34-23A-93, inclusive, repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2021, ch 151, 5.
34-23B-1. Prenatal effects of drug and alcohol use.Any primary health care provider of obstetrical care to a pregnant woman and any counselor who provides services to a pregnant woman shall educate all pregnant patients as to the prenatal effects of drugs and alcohol. The Department of Health and the Department of Social Services shall offer educational materials and guidance to such physicians, health care providers, and chemical dependency counselors for the purpose of assuring accurate and appropriate patient education. Source: SL 1993, ch 252, 1; SL 2011, ch 1 (Ex. Ord. 11-1), 163, eff. Apr. 12, 2011.
34-23B-2. Creation and administration of prenatal educational program.The Department of Health and the Department of Social Services shall create and administer an educational program that offers education to all primary providers of obstetrical care and chemical dependency counselors providing services to pregnant women:(1)In taking accurate and complete drug and alcohol histories for their pregnant patients;(2)Concerning the effects of drugs and alcohol on pregnancy and fetal outcome, including the process of referral of children for evaluation;(3)Concerning counseling techniques for women who abuse drugs or alcohol so as to improve referral to and compliance with drug and alcohol programs;(4)In making appropriate referrals of children suspected of prenatal exposure to drugs or alcohol for evaluation purposes. Source: SL 1993, ch 252, 2; SL 2011, ch 1 (Ex. Ord. 11-1), 163, eff. Apr. 12, 2011.
34-23B-3. Age-appropriate education materials available to school districts.Upon receipt of funds for such programs, the secretary of education shall adopt and make available to all school districts age-appropriate drug and alcohol education curricula concerning the physiological effects caused by the use of drugs and alcohol on the developing child before and after birth for inclusion in their drug and alcohol education programs in grades one through twelve. Source: SL 1993, ch 252, 3; SL 2003, ch 272, 63.
34-23B-4. Toll-free information line.The Department of Health and the Department of Social Services shall maintain a toll-free information line for the purpose of providing information on resources for substance abuse treatment and for assisting with referral for substance abusing pregnant women. Source: SL 1993, ch 252, 4; SL 2011, ch 1 (Ex. Ord. 11-1), 163, eff. Apr. 12, 2011.
34-23B-5. Screening materials to detect at-risk users of drugs and alcohol.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.
34-23B-6. Referral to alcohol or drug program--Immunity from liability. Any physician, physician's assistant, nurse, certified nurse practitioner, certified nurse midwife, counselor, social worker, licensed or registered child welfare provider, employee or volunteer of a domestic abuse center, chemical dependency counselor, or safety sensitive position as defined in  3-6C-1 who provides services to a pregnant woman may make a referral to a prevention or treatment program accredited pursuant to chapter 34-20A if the provider has information that a pregnant woman is engaging in the abusive use of alcohol or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B. Any such provider, who, in good faith, makes a referral to a prevention or treatment program accredited pursuant to chapter 34-20A of a pregnant woman engaging in abusive use of alcohol, abusive use of a lawfully prescribed controlled substance, or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the referral. This immunity also extends to any public official who in good faith is involved in the investigation of such conduct or to any person described in this section who in good faith cooperates with any public official in an investigation. Any referral pursuant to this section is permissive and nothing in this section requires the making of any referral. Source: SL 2006, ch 183, 1; SL 2017, ch 171, 50; SL 2021, ch 116,  2.
34-23B-7. Definitions. Terms used in  34-23B-8 and 34-23B-9 mean:(1)"Lethal fetal anomaly," a condition that is diagnosed before the child's birth and will, with reasonable medical certainty, result in the child's death within three months from the date of birth; and(2)"Perinatal hospice," the provision of:(a)Comprehensive, supportive care to a pregnant mother and her family, beginning with the diagnosis of a lethal fetal anomaly and continuing through the birth and resultant death of the child; and(b)Counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, specialty nurses, clergy, social workers, and others who are focused on alleviating fear and ensuring that the mother and her family experience the life and death of the child in a comfortable and supportive environment. Source: SL 2021, ch 152,  1.
34-23B-8. Perinatal hospice providers and programs. The Department of Health shall develop and post on the department's website:(1)A brochure that:(a)Describes the services available from a perinatal hospice program;(b)Includes a statement that medical assistance benefits may be available for prenatal care, childbirth, and perinatal hospice;(c)Includes information regarding access to grief counseling and other support programs; and(d)Includes a link to the departmental website at which additional information may be accessed;(2)A list of all perinatal hospice providers and programs located in this state;(3)A list of perinatal hospice providers and programs that:(a)Are located in surrounding states; and(b)Provide care to residents of this state; and(4)A list of other perinatal hospice resources. Source: SL 2021, ch 152,  2.
34-23B-9. Receipt of information. If a pregnant mother is notified of a lethal fetal anomaly, the health care provider shall, at the time of notification, provide the mother with copies of the brochure and lists referenced in 34-23B-8. Source: SL 2021, ch 152,  3.
34-24-16. Educational program on metabolic diseases.The State Department of Health shall provide for the development and carrying out of an educational program among physicians, staffs of hospitals, public health nurses, and the citizens of this state concerning the disease phenylketonuria, hypothyroidism, and other metabolic diseases which may cause intellectual disabilities for which appropriate methods of detection, prevention, or treatment are available. This educational program shall include information about the nature of the diseases and examinations for the early detection of such diseases in order that proper measures may be taken to prevent intellectual disabilities. Source: SL 1973, ch 233, 1; SL 1982, ch 264, 1; SL 2013, ch 125, 17.
34-24-17. Screening of newborn infants for metabolic, inherited, and genetic disorders.Each infant born in South Dakota shall be screened for metabolic, inherited, and genetic disorders. This screening shall be as prescribed by the Department of Health. Source: SL 1973, ch 233, 2; SL 1990, ch 170, 8; SL 2015, ch 185, 1.
34-24-18. Phenylketonuria, hypothyroidism, and galactosemia testing in newborn.The tests for detecting a metabolic, inherited, or genetic disorder of the newborn infant, as prescribed by the Department of Health, shall include the testing for excessive phenylalanine in the serum of the newborn, for hypothyroidism, and for elevated blood galactose in the newborn. Source: SL 1973, ch 233, 8; SL 1982, ch 264, 2; SL 1991, ch 277, 1; SL 2015, ch 185, 2.
34-24-19. Phenylketonuria, hypothyroidism, or galactosemia tests when facilities not available.If facilities are not available for the screening of newborn infants for the phenylketonuria syndrome, for hypothyroidism or for galactosemia, the Department of Health shall arrange for testing through the director of laboratories. Source: SL 1973, ch 233, 7; SL 1982, ch 264, 3; SL 1985, ch 283, 23; SL 1991, ch 277, 2.
34-24-20. Phenylketonuria, hypothyroidism and galactosemia tests provided by department for newborn not tested.If the required report to the Department of Health shows that the newborn infant was not tested for phenylketonuria, for hypothyroidism or for galactosemia, the department may arrange for the infant to be tested. Source: SL 1973, ch 233, 6; SL 1982, ch 264, 4; SL 1991, ch 277, 3.
34-24-21. Procedures prescribed after positive phenylketonuria, hypothyroidism, or galactosemia tests.If a screening test indicates a newborn infant may be afflicted with the phenylketonuria syndrome, hypothyroidism, or galactosemia, the Department of Health shall prescribe the procedures to be followed in order to determine if the syndrome is actually present. Source: SL 1973, ch 233, 3; SL 1982, ch 264, 5; SL 1991, ch 277, 4.
34-24-22. Testing for other metabolic, inherited, or genetic disorders.If tests for detecting a metabolic, inherited, or genetic disorder other than phenylketonuria, hypothyroidism, and galactosemia are perfected, the Department of Health may require that tests for the syndrome or syndromes be made and reported to the department. Source: SL 1973, ch 233, 5; SL 1982, ch 264, 6; SL 1991, ch 277, 5; SL 2015, ch 185, 3.
34-24-23. Results of tests for metabolic, inherited, or genetic disorders reported to department.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.
34-24-24. Information to be provided to parents or guardians.The Department of Health shall provide to the parents or guardians responsible for the care of an affected child, information about accepted medical procedures for treating any identified metabolic, inherited, or genetic disorder. A parent or guardian may decline such information. Source: SL 1973, ch 233, 4; SL 2015, ch 185, 5.
34-24-25. Rules and regulations.The Department of Health is authorized to promulgate and enforce rules and regulations to aid in implementing the provisions of 34-24-16 to 34-24-24, inclusive. Source: SL 1973, ch 233, 2.
34-24-27. Reports of fetal alcohol syndrome.The Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of fetal alcohol syndrome from all physicians, hospitals, and institutions. To implement this section, the department may adopt rules, pursuant to chapter 1-26, specifying the definitions, methods by which reports shall be made, and the content and timeliness of such reports. Source: SL 2001, ch 185, 1.
34-24-28. Confidentiality of reports.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.
34-24-29. Disclosure of confidential reports as misdemeanor.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.
34-24-30. Good faith reporting not a libel or slander.Good faith reporting or disclosure pursuant to 34-24-27 does not constitute a libel or slander or a violation of the right to privacy of privileged communication. Source: SL 2001, ch 185, 4.
34-24-31. Civil and criminal immunity.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.
34-24-32. Pulse oximetry test required for newborns.All hospitals which routinely provide obstetrical services and birth centers shall provide screening of newborns for congenital heart defects through the use of a pulse oximetry test. Source: SL 2013, ch 158, 1.
34-24A-1.1. Functions performed by Department of Agriculture and Natural Resources and Board of Minerals and Environment.The Department of Agriculture and Natural Resources shall perform all the functions of the Public Health Advisory Committee, the state health officer, and the Department of Health with respect to water hygiene programs authorized under, but not limited to, this chapter, except that the Board of Minerals and Environment shall perform any advisory functions as defined in 1-32-1. Source: SL 1973, ch 2, 103; SL 1974, ch 3, 25; SL 1986, ch 295, 2; SL 2021, ch 1 (Ex. Ord. 21-3),  14, eff. Apr. 19, 2021.
34-24A-1. Duty of control of fluoride content in municipal water supply.Any person, firm, limited liability company, corporation, or municipality having jurisdiction over a municipal water supply, whether publicly or privately owned or operated, shall control the quantities of fluoride in the water so as to maintain a minimum fluoride content prescribed by the South Dakota Department of Agriculture and Natural Resources. Source: SL 1969, ch 112; SL 1986, ch 295, 1; SL 1994, ch 351, 63; SL 2021, ch 1 (Ex. Ord. 21-3),  14, eff. Apr. 19, 2021.
34-24A-2. Rules and regulations relating to fluoridation of water supplies.The Department of Agriculture and Natural Resources shall, in compliance with chapter 1-26, promulgate rules relating to the fluoridation of public water supplies which shall include, but not be limited to the following:(1)The means by which fluoride is controlled;(2)The methods of testing the fluoride content; and(3)The records to be kept relating to fluoridation. Source: SL 1969, ch 112; SL 1972, ch 15, 4; SL 1986, ch 295, 3; SL 1991, ch 17 (Ex. Ord. 91-4), 17; SL 2021, ch 1 (Ex. Ord. 21-3),  14, eff. Apr. 19, 2021.
34-24A-3. Enforcement of fluoridation requirements--Number of users requiring fluoridation--Exemption from fluoridation requirement.The Department of Agriculture and Natural Resources shall enforce the provisions of 34-24A-1 and 34-24A-2. In so doing it shall require the fluoridation of water in all municipal water supplies serving a population of five hundred or more. The department may not require the fluoridation of water in any municipal water supply where such water supply in the state of nature contains sufficient fluorides to conform with the rules of the department. Source: SL 1969, ch 112; SL 1972, ch 15, 3; SL 1986, ch 295, 4; SL 1991, ch 17 (Ex. Ord. 91-4), 17; SL 2021, ch 1 (Ex. Ord. 21-3),  14, eff. Apr. 19, 2021.
34-24B-1. Blood recipients allowed to specify donors--Screening--Liability.Any person requiring a transfusion of whole blood or blood components may specify a donor or donors to provide the blood. Blood from such donors shall undergo the same screening procedures for acceptability for donation and transfusion as are medically necessary or required for blood donations of nonspecified donors. If no specified donor is able to donate blood or if it is not possible for the blood from a specified donor to be processed within the time determined by a physician to be necessary to sustain life, the physician, hospital, blood bank, or blood collection center or their officers, directors, agents, or employees are not liable solely because whole blood or blood components from nonspecified donors is subsequently transfused. Source: SL 1987, ch 256.
34-24C-1. Program to educate public.The Department of Health may establish a program to provide education to the public on mammograms. Source: SL 1991, ch 278, 1.
34-24C-2. Program to provide money to medical institutions--Subsidies based upon income of mammogram recipient--Promulgation of rules.The Department of Health may establish a program which provides money to medical institutions for mammograms. The grant program shall subsidize mammograms based upon the income of the recipient of the mammogram. The secretary of health shall promulgate rules, pursuant to chapter 1-26, to establish the application procedure for grants, the income guidelines for those who receive mammograms, and the amount of subsidy. Source: SL 1991, ch 278, 2.
34-24C-3. Application for grant to provide subsidized mammograms--Responsibilities of grant recipients.Any medical institution in this state may apply to the Department of Health for a grant to provide subsidized mammograms. Any medical institution that receives a grant pursuant to this chapter shall, as a condition of the grant, report to the Department of Health the frequency of mammograms, the number and amount of subsidies provided and the detection of cancer resulting from those mammograms. Source: SL 1991, ch 278, 3.
34-24C-4."Medical institution" defined.For the purposes of this chapter, a medical institution is any hospital, X ray center, doctor's office, or medical clinic. Source: SL 1991, ch 278, 6.
34-25-1.1. Definition of terms.Terms as used in this chapter mean:(1)"Authorized representative," an attorney, physician, funeral director, or other designated agent acting on behalf of the family;(1A)"Autopsy," the post mortem dissection and examination of a dead body, including fetal tissue older than twenty-four weeks;(2)"Certified copy," a vital record or part thereof issued and sealed by the state registrar and other entities as authorized by the department;(3)"Dead body," a lifeless human body or parts thereof from the state of which it may reasonably be concluded that death recently occurred;(4)"Death certificate," a record by means of which both the fact of death record and the medical certificate have been completed and filed as required by the department;(5)"Demographic information," the information required by the state registrar to describe characteristics of a registrant, the family of a registrant, and geographic locations pertinent to a registrant;(6)"Department," the Department of Health;(7)"Fact of death information," the information required by the state registrar to record the time and place a death occurs and to identify the person who is deceased. The term does not include information regarding cause and manner of death;(8)"Fact of death record," the portion of the death certificate that contains the fact of death information and demographic information;(9)"Fetal death," death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles;(10)"Fetus," the biological offspring, including the implanted embryo or unborn child, of human parents;(11)"Final disposition," the burial, interment, cremation, or other disposition of a dead body or fetus;(12)"Institution," any establishment, public or private, which provides in-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two or more unrelated individuals, or to which persons are committed by law;(13)"Live birth," the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached;(14)"Medical certificate," the portion of the death certificate that contains the information regarding the cause and manner of death.(15)"System of vital registration," the process by which vital records are collected, completed, amended, certified, filed, preserved, and incorporated into the official records of the office of vital records, and activities related thereto including the tabulation, analysis, and publication of statistical data derived from such records;(16)"Vital records," records of birth, death, fetal death, burial, marriage, divorce, and data related thereto as entered on forms prescribed by the department. Source: SL 1972, ch 194, 2; SL 1993, ch 253, 1; SL 2000, ch 171, 2; SL 2003, ch 186, 1; SL 2004, ch 235, 1; SL 2005, ch 190, 1.  
34-25-1. Department of Health to have charge of registration.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.
34-25-13.1. Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.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.
34-25-13.2. Parents' consent or judicial determination required to name father in birth certificate when mother unmarried.If the mother was not married at the time of conception or birth, or at any time between conception and birth, the name of the father may not be entered on the certificate of birth without the written consent of the mother and the person to be named as the father unless a judicial determination has been made, in which case the name of the father as determined by the court shall be entered. Source: SL 1972, ch 194, 12; SL 1993, ch 253, 3.
34-25-13.3. Unmarried mother's surname shown on birth certificate unless paternity acknowledged.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.
34-25-13.4. Father not named on birth certificate--No other information entered.If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate. Source: SL 1972, ch 194, 14.
34-25-14. Child of unknown parents--Physician to name child and file birth certificate.In the case of a neglected or abandoned child, whose parents are unknown, such child shall be examined immediately by a licensed physician who shall assign a given name to the child, and, within seven days, file directly with the State Department of Health a certificate, in form and manner prescribed by the department. Source: SDC 1939, 27.0207 as added by SL 1945, ch 104; SL 1947, ch 121, 1; SL 1972, ch 194, 15.
34-25-15. Legitimation of child--New birth certificate--Fee.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.
34-25-16.1. New birth certificate upon adoption of child born in state or foreign nation--Exception.If the birth occurred in South Dakota, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. However, a new certificate of birth may not be prepared if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person.If the birth occurred in a foreign nation and the adoption decree is entered in a court of this state, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. The birth certificate shall be prepared in accord with the facts as found and entered by the court. If the birth occurred in a foreign nation and the adoption was finalized in a foreign nation, any circuit court of this state may issue an order, ex parte and without hearing, directing that a new certificate of birth be issued upon filing the following documentation:(1)A certified copy of the adoption order from the foreign nation;(2)A certified translation of the adoption order if necessary;(3)Proof of the date and place of the child's birth;(4)Proof of IR-3 immigration status; and(5)Proof that each adopting person is a resident of this state.The Department of Health shall issue a new certificate of birth in the new name of the child and the name of each adopting person upon receipt from the clerk of courts such information necessary to establish a new certificate of birth on a form prepared by the department.The issuance of certificates pursuant to this section is conditioned upon the receipt of a fee based upon administrative cost as established by the department pursuant to chapter 1-26. Source: SL 1939, ch 168, 12; SL 1947, ch 121, 3; SDC Supp 1960, 55.3717; SDCL 34-25-16; SL 1972, ch 194, 18; SL 1976, ch 221; SL 1978, ch 255, 2; SL 1980, ch 238, 25; SL 2007, ch 157, 2; SL 2010, ch 176, 1.
34-25-16.2. Birth certificate after adoption when birth unrecorded.A new certificate of birth following adoption may be prepared for a person born in this state whose birth was not previously recorded, if the date and place of birth have been established in the adoption proceedings. Source: SL 1972, ch 194, 19.
34-25-16.3. Adoption information on child born out-of-state forwarded to state of birth.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.
34-25-16.4. Sealing of original birth certificate after new certificate issued--Opening of sealed materials.When a new certificate of birth is established pursuant to 34-25-15 to 34-25-16.2, inclusive, the original certificate of birth together with the adoption information or other evidence upon which a new certificate is made shall be sealed, filed, and may be opened only upon order of a court of competent jurisdiction, or by the secretary of health for purposes of properly administering the vital registration system. Source: SL 1939, ch 168, 12; SDC 1939, 27.0218 as added by SL 1947, ch 121, 2; SL 1947, ch 121, 3; SDC Supp 1960, 55.3717; SDCL, 34-25-15, 34-25-16; SL 1972, ch 194, 21.
34-25-16.5. Original birth certificate sealed or forwarded to department after new certificate issued.When a new certificate of birth is established by the State Department of Health, all copies of the original certificate of birth in the custody of any local registrar in this state shall be sealed from inspection or forwarded to the State Department of Health, as directed. Source: SL 1972, ch 194, 22.
34-25-16.6. Copies of birth certificates.County registers of deeds may issue, by computer generation, certified copies of birth certificates. Source: SL 1993, ch 253, 5.
34-25-16.7. Determining mother for birth certificate.For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise determined by a court of law prior to the filing of the birth certificate. Source: SL 1993, ch 253, 10.
34-25-16.8. New birth certificate for certain crime victims--Sealing.If a person obtains a court order for a name change under 21-37-5.2 and requests a new certificate of birth, the person shall present a certified copy of the court order and the department shall issue a new certificate of birth. The original certificate, and any other evidence upon which a new certificate is made, must be sealed in accordance with the court order. The new certificate must not contain any evidence of a name change. The sealed records may only be opened by a court order based upon showing good cause or at the person's request. Source: SL 2022, ch 59, 2.
34-25-16. Adoption information forwarded by clerk of courts.Within ten days after the filing of every original, amended, or annulled decree of adoption, the clerk of courts shall forward to the department such information necessary to establish a new certificate of birth on a form prepared by the department. Source: SL 1939, ch 168, 12; SL 1947, ch 121, 3; SDC Supp 1960, 55.3717; SL 1972, ch 194, 17.
34-25-18.1. Determination of death.Any individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards. Source: SL 1990, ch 273.
34-25-18. Medical certificate signed by attending physician, physician assistant, or nurse practitioner--Time for execution.The licensed physician, physician assistant, or certified nurse practitioner, if any, last in attendance on any person whose death occurs in this state, shall complete, sign, and file a medical certificate with the department within five days of the date of death except in cases where the secretary of health has provided for longer periods by rules adopted pursuant to chapter 1-26. Source: SDC 1939, 27.0208; SL 1972, ch 194, 23; SL 1991, ch 198, 3; SL 2003, ch 186, 2; SL 2017, ch 171, 50.
34-25-21. Notice of death without attending physician, physician assistant, or nurse practitioner--Preparation of medical certificate--Violation as misdemeanor.If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of the death. Upon notification, the county coroner shall complete the medical certificate from the statement of relatives or other persons having adequate knowledge of the facts. The coroner, or deputy coroner in the absence of the coroner, shall complete, sign, and file the medical certificate with the department within five days of the date of death, unless an autopsy or investigation is pending, in which case the pending autopsy or investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical certificate from the statement of relatives or other person having knowledge of the facts. Unless good cause is shown, a person in charge of a body who fails to notify the county coroner and sheriff of the death no later than twenty-four hours following the death is guilty of a Class 2 misdemeanor. Source: SDC 1939, 27.0209; SL 1968, ch 113; SL 1974, ch 55, 34; SL 1985, ch 280; SL 1993, ch 253, 6; SL 2003, ch 186, 3; SL 2017, ch 171, 50; SL 2019, ch 153, 2.
34-25-22.1. Blood samples taken in violent or accidental death cases--Transmission to laboratory.The county coroner of each county shall take or cause to be taken blood samples of any person who has died from apparent violence, fire, suicide, or motor vehicle, agricultural, or industrial accident. The samples shall be taken as soon as practicable after the death has been discovered and forthwith transmitted to a laboratory certified to examine the sample for toxicology levels. Source: SL 1973, ch 228; SL 1983, ch 256; SL 2004, ch 236, 1.
34-25-22. Reference to state's attorney, sheriff, or police of death from other than natural causes.If the county coroner has reason to believe that the death may have been due to other than natural causes, he shall then refer the case to the state's attorney, sheriff, or police for further investigation. Source: SL 1931, ch 267, 7; SDC 1939, 27.0209; SL 1968, ch 113.
34-25-24.1. Notice to funeral director--Communicable disease or condition. For deaths occurring in a health care facility licensed under chapter 34-12, the health care facility shall notify the funeral director, or person acting as such who first assumes custody of the dead body, if the body at the time of death had a communicable disease or condition that is the subject of a declared public health emergency pursuant to  34-22-42 or the subject of a declaration of the Governor pursuant to chapter 34-48A. Source: SL 2021, ch 153,  1.
34-25-24. Permit required for disposition of dead body or fetus.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.
34-25-25.1. Place of filing death certificate when place of death unknown or in moving conveyance required.If the place of death is unknown, a death certificate shall indicate the place of death as the location in which a dead body is found. If death occurs in a moving conveyance, a death certificate shall indicate the place of death as the location where the body was first removed from the conveyance. Source: SL 1972, ch 194, 26; SL 2003, ch 186, 6.
34-25-25. Fact of death record filed by funeral director--Sources of data--Place and time of filing.The funeral director, or person acting as such, who first assumes custody of a dead body shall file a fact of death record. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available.A fact of death record for each death which occurs in this state shall be filed with the department within five days after such death. Source: SDC 1939, 27.0210; SL 1941, ch 124, 2; SL 1972, ch 194, 25; SL 1978, ch 254; SL 2003, ch 186, 5.
34-25-32.1. Report required of certain fetal deaths other than abortions.A fetal death report for the death of each fetus which has attained a gestational age of not less than twenty completed weeks and which is not an abortion and reportable as such under chapter 34-23A which occurs in this state shall be filed with the Department of Health, in accordance with rules of the secretary of health promulgated pursuant to chapter 1-26. However, the gestational age specified by this section may not be considered a factor in determining when life begins. Source: SL 1972, ch 194, 27; SL 1977, ch 285, 1; SL 1993, ch 253, 8; SL 2007, ch 195, 11.
34-25-32.10. Name of stillborn child on certificate of birth resulting in stillbirth.Any parent may provide a name for a stillborn child on the request for a certificate of birth resulting in stillbirth. If the requesting parent does not wish to provide a name, the Department of Health shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the parent. Source: SL 2007, ch 195, 3.
34-25-32.11. Fetal death report to be referenced on certificate of birth resulting in stillbirth.Any certificate of birth resulting in stillbirth shall include information referencing the corresponding fetal death report. Source: SL 2007, ch 195, 4.
34-25-32.12. Form and content of certificate of birth resulting in stillbirth.The Department of Health shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate. Source: SL 2007, ch 195, 5.
34-25-32.13. Certificate of birth resulting in stillbirth not used to calculate live birth statistics.The Department of Health may not use a certificate of birth resulting in stillbirth to calculate live birth statistics. Source: SL 2007, ch 195, 6.
34-25-32.14. Fee for certificate of birth resulting in stillbirth.Each applicant for a certificate of birth resulting in stillbirth shall submit a ten dollar fee to the Department of Health for the preparation and filing of the record. Source: SL 2007, ch 195, 7.
34-25-32.15. Certificate may be requested without regard to filing date of fetal death report.Any parent may request the Department of Health to issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death report was filed. Source: SL 2007, ch 195, 8.
34-25-32.16. Certificate may be requested without regard to date of fetal death.Any parent may request the Department of Health to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on, before, or after July 1, 2007. Source: SL 2007, ch 195, 9.
34-25-32.2. Fetal death report filed by physician--Coroner to report unattended deaths.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.
34-25-32.3. Disposition of remains of embryo or fetus.Remains of a human embryo or fetus resulting from an abortion or miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical facility shall be disposed of in the manner provided by 34-25-32.3 to 34-25-32.7, inclusive. Source: SL 1998, ch 208, 1.
34-25-32.4. Medical facility to provide for disposal of aborted fetuses.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.
34-25-32.5. Failure to comply as public nuisance.Any failure to comply with the provisions of 34-25-32.3 to 34-25-32.7, inclusive, constitutes a public nuisance. Any person, firm, or corporation failing to comply with the provisions of 34-25-32.3 to 34-25-32.7, inclusive, is guilty of a Class 1 misdemeanor. Source: SL 1998, ch 208, 3.
34-25-32.6. Disposition of fetal remains--Method.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.
34-25-32.7. Fetal organ, tissue donation--Circumstances--Consent required.Tissue and organ donation may occur in cases of spontaneous abortions if the consent of the mother is obtained. Source: SL 1998, ch 208, 5.
34-25-32.8. Definitions related to stillbirth.Terms used in 34-25-32.8 to 34-25-32.16, inclusive, mean:(1)"Stillbirth," any intrauterine fetal death occurring in this state after a gestational age of not less than twenty completed weeks; and(2)"Certificate of birth resulting in stillbirth," a certificate issued to record the birth of a stillborn child. Source: SL 2007, ch 195, 1.
34-25-32.9. Notice to parent of means for requesting a certificate of birth resulting in stillbirth.Any person who is required to file a fetal death report pursuant to 34-25-32.2 shall advise the parent or parents of a stillborn child:(1)That a parent may, but is not required to, request a certificate of birth resulting in stillbirth by contacting the Department of Health to request the certificate and paying the required fee; and(2)The means by which a parent may contact the Department of Health to request the certificate. Source: SL 2007, ch 195, 2.
34-25-33. Burial or removal permit filed by funeral director after final disposition.The funeral director or person acting as such shall, within ten days after final disposition, file or transmit the original burial or removal permit to the local registrar of the district in which final disposition was made. Source: SDC 1939, 27.0210 as added by SL 1941, ch 124, 2; SL 1972, ch 194, 29.
34-25-34. Burial-transit permit issued out-of-state as authority for final disposition.A burial-transit permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be the authority for final disposition of the body or fetus in this state. Source: SL 1931, ch 267, 5; SDC 1939, 27.0211; SL 1972, ch 194, 30.
34-25-36. Records and monthly report of funeral director.A funeral director, embalmer, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and shall on or before the fifth day of each month report to the department all human bodies handled during the preceding month on a form provided for that purpose. If no death occurs in any given month which requires a funeral director to keep a record pursuant to this section, the funeral director shall report that fact on a form provided for that purpose. Source: SDC 1939, 27.0213; SL 1972, ch 194, 31; SL 1999, ch 175, 2.
34-25-38.1. Issuance of disinterment permit.A disinterment permit shall be issued by the department upon receipt of a written or electronic application from a person licensed by the State Board of Funeral Service or upon receipt of an order of a court of competent jurisdiction directing the disinterment. If the disinterment is not directed pursuant to a court order, the department may not issue a disinterment permit without the written consent of the surviving spouse, or in the case of a spouse's absence, death, or incapacity, the next of kin within the same degree of kinship. In the case of a minor, if the disinterment is not directed pursuant to a court order, the department may not issue a disinterment permit for the minor without the written consent of the surviving parents. The Department of Health may promulgate rules pursuant to chapter 1-26 to establish the process for issuing a disinterment permit that is not directed pursuant to a court order. The disinterment permit becomes effective as provided in this section. Unless the disinterment permit was issued as the result of a court order, the department shall, upon issuance of the disinterment permit, notify the affected cemetery board of directors appointed pursuant to 7-26-7 or 9-12-18 or the board of county commissioners of the county in which the disinterment is to occur, or in the case of a disinterment for an enrolled tribal member, the tribal chairperson on the issuance of the permit. The cemetery board of directors, the board of county commissioners, or the tribal chairperson may request the circuit court to prevent the disinterment. The disinterment permit shall take effect within fifteen days after its issuance unless the circuit court has ordered otherwise. The disinterment permit authorizes disinterment, transportation, and reinterment of a dead body or fetus. Authorities in charge of a cemetery may not transfer bodies buried in one part of the cemetery to another part without the authority of a disinterment permit. Source: SL 1996, ch 215, 2; SL 2003, ch 186, 7; SL 2009, ch 168, 1; SL 2018, ch 206, 1.
34-25-38. Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rules.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.
34-25-39. Completion of burial permit when no person in charge of cemetery.The funeral director, or person acting as such, when burying a body in a cemetery or burial ground, having no person in charge, shall complete the burial or removal permit. Source: SL 1931, ch 267, 10; SDC 1939, 27.0214; SL 1941, ch 124, 4; SDC Supp 1960, 27.0214 (3); SL 1972, ch 194, 33.
34-25-4.1. Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty.The register of deeds shall be the local registrar of vital records for each registration district in this state. If there is no register of deeds, the department shall designate the local registrar who shall assume the responsibilities of local registrar of vital records. No fee shall be charged by a local registrar for filing an original or amended birth record or a death or burial record or for certified copies to persons entitled thereto under 34-25-54.Each local registrar shall appoint a deputy whose duty it shall be to act in his stead in case of the absence or disability of such local registrar. Source: SL 1931, ch 267, 3; SDC 1939, 27.0203; SDCL, 34-25-4; SL 1972, ch 194, 4; SL 1974, ch 55, 33.
34-25-4. Vital registration districts--Establishment, consolidation or subdivision.The department shall establish vital registration districts throughout the state. The department may consolidate or subdivide such districts to facilitate registration. Source: SL 1931, ch 267, 3; SDC 1939, 27.0203; SL 1972, ch 194, 3.
34-25-42. Delayed registration of birth, death, or marriage--Fee.If a birth, death, or marriage occurring in this state has not been registered within one year from the date of occurrence, a certificate may be filed in accordance with regulations of the secretary of health, and shall be marked "delayed" on the face of the certificate. Each applicant for a delayed birth, death, or marriage certificate shall submit a fifteen dollar fee to the Department of Health for the preparation and filing of the delayed record. Source: SL 1931, ch 267, 16; SDC 1939, 27.0216; SL 1941, ch 124, 5; SL 1972, ch 194, 34; SL 1978, ch 255, 3; SL 1991, ch 279, 2; SL 2005, ch 191, 1. 
34-25-43. Software, blanks and forms supplied by department--Use of forms or exact electronic replicas required.The department shall prepare, print, and supply to all registrars, all software, blanks and forms used in registering, recording, and preserving the vital records, or in otherwise carrying out the purposes of this chapter. No blanks or forms may be used other than those supplied by the department or exact electronic replicas approved by the department. Source: SDC 1939, 27.0202; SL 1972, ch 194, 35; SL 1999, ch 175, 3; SL 2003, ch 186, 8.
34-25-44. Blank forms supplied by local registrar--Examination of permit for disposition on presentation.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.
34-25-45. Legibility of records and certificates--Incomplete or illegible certificates not filed.All records and certificates required by this chapter shall be completed electronically, typewritten, or written legibly in permanent black ink. In case any certificate is not complete or not legible, the department may not file the same, but shall require the person responsible for the record to prepare a new record that is complete and legible. Source: SDC 1939, 27.0217; SL 1941, ch 124, 6; SL 1945, ch 105; SL 1959, ch 129; SL 1972, ch 194, 37; SL 2003, ch 186, 10.
34-25-46. Signing, dating, and numbering of permits for disposition by local registrar.The local registrar shall sign, date, and number consecutively the permits for disposition filed at the county office. Source: SDC 1939, 27.0206, 27.0217; SL 1941, ch 124, 6; SL 1945, ch 103, 2; SL 1945, ch 105; SL 1963, ch 149, 1; SDCL, 34-25-17, 34-25-46; SL 1972, ch 194, 38; SL 1974, ch 55, 35; SL 1977, ch 285, 3; SL 1999, ch 175, 4; SL 2003, ch 186, 11.
34-25-51. Amendment of vital record--Fee for delayed amendment.A vital record may be amended in accordance with rules promulgated by the department pursuant to chapter 1-26. Each request for amending a birth, death, or marriage certificate, after one year from the event, shall be accompanied by an eight dollar fee to the department for amending the record and filing the affidavit. Source: SDC 1939, 27.0218; SL 1945, ch 103, 3; SL 1947, ch 121, 2; SL 1972, ch 194, 39; SL 1978, ch 255, 4; SL 1991, ch 279, 3; SL 2001, ch 129, 2; SL 2005, ch 191, 2. 
34-25-52.1. Copies or data supplied to public or private agencies.Federal, state, local, and other public or private agencies may, upon request, be furnished copies or data upon such terms or conditions as may be prescribed by the secretary of health. Source: SL 1972, ch 194, 41.
34-25-52.2. Additional fee for copy of birth record--Disposition.In addition to the fee charged an applicant by the Department of Health for supplying a certified copy of the record of any birth, there shall be levied an additional charge of two dollars for the first copy requested and two dollars for each additional copy requested. The money collected shall be submitted by the collecting agency on a monthly basis to the state treasurer to be deposited in the children's trust fund. Source: SL 1984, ch 194, 2.
34-25-52.3. Free birth certificate with head start enrollment form.Notwithstanding 34-25-52, the department shall provide at no cost a certified copy of any child's birth certificate, limited to one, upon presentation of a copy of a valid head start enrollment form for that child. Source: SL 1992, ch 247.
34-25-52.4. Uniform forms and procedures for issuance of copies of records--Rules.All forms and procedures used in the issuance of certified and informational copies of vital records shall be uniform and shall be provided or approved by the state registrar. The department shall promulgate rules pursuant to chapter 1-26 to determine application requirements for a certified and an informational copy of a vital record, acceptable proof of identity, and the features required in a certified or informational copy. Source: SL 2005, ch 190, 4. 
34-25-52.5. Construction of chapter--Disclosure of specified information on birth, marriage, or divorce certificates--Admissibility.Nothing in this chapter may be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth certificate or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce unless specifically authorized by the department for statistical or research purposes. Such data is not subject to subpoena or court order and is not admissible before any court, tribunal, or judicial body. Source: SL 2005, ch 190, 5. 
34-25-52.6. Disclosure of information in or inspection or copying of vital record--Authorization of chapter or court.To protect the integrity of vital records, ensure their proper use, and to ensure the efficient and proper administration of the vital records system, no employee of the state vital records office, local registrar, or deputy registrar may permit inspection of any vital record or disclose information contained in any vital record or issue a copy of all or part of any such record unless authorized by this chapter or a court of competent jurisdiction. Source: SL 2005, ch 190, 6. 
34-25-52. Copies of certified or informational records supplied by department or local registrars--Application--Time--Fees.The department or authorized local registrars shall, upon receipt of an application, issue a certified copy of a vital record to the registrant or the registrant's spouse, children, parents, guardian, next of kin, or authorized representative. The department may authorize others to obtain certified copies in response to a demonstration that the record is needed for the determination or protection of a personal or property right. The department or authorized local registrars shall upon receipt of an application, issue informational copies to any applicant of any vital record. The department or authorized local registrar may withhold the immediate issuance of any certified copy for a period of no longer than three days. The department shall be entitled to a fee based upon administrative cost as established by the department pursuant to chapter 1-26 for each search of the files and records. The fee shall be paid in advance by the applicant and shall not be in addition to the fee hereinbefore provided for the making and certification of the record but shall be applied in payment thereof if the record is found. Source: SL 1905, ch 63, 30; RC 1919, 9912; SL 1931, ch 267, 17, 20; SL 1937, ch 261; SDC 1939, 27.0215, 27.0220; SL 1943, ch 101; SL 1945, ch 103, 4; SL 1953, ch 124, 2; SL 1959, ch 29, 2; SDCL, 34-25-41; SL 1968, ch 115; SL 1972, ch 194, 40; SL 1980, ch 238, 26; SL 2005, ch 190, 3.
34-25-54. Certified copies supplied free for military or veterans' claims--Minors participating in sports programs.No charge may be made for certified copies of birth, death, marriage, adoption, divorce, or guardianship or conservatorship papers, to a serviceman in or a veteran of any war or conflict in which the United States has been or hereafter will be engaged, or veteran as defined by 33A-2-1; to the spouse, widow, widower, children, or other dependents of such serviceman or veteran; to the South Dakota Department of the Military or Department of Veterans Affairs or a similar agency in any other state; to county veterans' service officers; to the representatives of the American Red Cross or of nationally chartered veterans' organizations holding power of attorney for the applicant, when such record or records are required in support of any claim against any agency of the United States, or any agency or department of state government, and no charge may be made for the issuance of a certified copy of a birth record, limited to one, to a person under eighteen years of age who needs such certificate to participate in an organized sports program sponsored by a patriotic organization. Source: SL 1931, ch 267, 20; SL 1937, ch 261; SDC 1939, 27.0220; SL 1943, ch 101; SL 1945, ch 103, 4; SL 1953, ch 124, 2; SL 1959, ch 29, 2; SL 1968, ch 115; SL 1986, ch 27, 35; SL 1993, ch 213, 229; SL 2011, ch 1 (Ex. Ord. 11-1), 18 to 21, eff. Apr. 12, 2011.
34-25-57.2. Unintentional issuance of certified copy of vital record fraudulently obtained--Personal liability.No employee of the state vital records office, local registrar, or deputy registrar may be held personally liable for any unintentional issuance of any certified copy of any vital record fraudulently obtained. Source: SL 2005, ch 190, 8. 
34-25-57. Violation of requirements as misdemeanor.No person, officer, agent, or employee of any other person or of any corporation or partnership may:(1)Inter, cremate, or otherwise finally dispose of a dead body of a human being or permit the same to be done or remove the body from the state without authority of a burial or removal permit;(2)Refuse or fail to furnish any information in such person's possession or furnish false information affecting any certificate or record required by this chapter;(3)Intentionally falsify any certificate of birth, death, or burial or removal permit or any record required by this chapter;(4)Being required by this chapter to fill out a certificate of birth or death and file the certificate with the local registrar or deliver it upon request to any person charged with the duty of filing the certificate, fail, neglect, or refuse to perform;(5)Being an employee of the state vital records office, a local registrar or deputy registrar, intentionally fail, neglect, or refuse to perform the duty as required by this chapter or by the rules adopted by the secretary of health or by the instructions and directions of the department;(6)Intentionally make, counterfeit, alter, amend, or mutilate any certificate, record, or report required by this chapter or a certified copy of the certificate, record, or report for the purpose of deception;(7)Obtain, possess, use, sell, or furnish to another, or attempt to obtain, possess, use, sell, or furnish to another, any certificate, record, or report, or certified copy thereof, required by this chapter, whether altered in any manner or not, for any purpose of deception; or(8)Possess any certificate, record, or report, or copy thereof, required by this chapter, knowing that the certificate, record, or report, or copy thereof, was stolen or otherwise obtained unlawfully.A violation of this section is a Class 1 misdemeanor. Source: SDC 1939, 27.9902; SL 1941, ch 124, 8; SL 1972, ch 194, 43; SL 1977, ch 190, 66; SL 2000, ch 172, 1; SL 2005, ch 190, 7.  
34-25-58. Enforcement and supervisory powers of department--Investigations by secretary.The provisions of this chapter shall be performed and enforced in every part of this state by the State Department of Health which shall have supervisory power over local registrars and deputy local registrars, to the end that all requirements of this chapter shall be uniformly complied with. The secretary of health either personally or by accredited representative shall have authority to investigate any irregularities or violations of law, and all registrars shall aid him upon request in such investigations. Source: SL 1931, ch 267, 22; SDC 1939, 27.0222; SL 1972, ch 194, 44.
34-25-61. Severability of provisions.If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of this chapter; and it shall be construed to have been the legislative intent to pass this chapter without such unconstitutional, inoperative, or invalid part therein; or if this chapter or any provision thereof shall be held inapplicable to any person or persons, property or kind of property, circumstance or set of circumstances, such holding shall not affect the applicability hereof to any other person, property, or circumstance. Source: SL 1941, ch 124, 10; SDC Supp 1960, 27.0223.
34-25-62. Electronic list of persons married in South Dakota.Any electronic list of persons married in South Dakota may be released by the Department of Health or the local register of deeds. Source: SL 2007, ch 196, 1.
34-25-8.1. Birth in moving conveyance.If a birth occurs in a moving conveyance, a birth certificate shall designate the county in which the child was first removed from the conveyance. Source: SL 1972, ch 194, 6; SL 1995, ch 196, 2.
34-25-8. Birth registration--Certificate of live birth--Time for filing--Availability of records.The birth of every child born in this state shall be registered as provided in this chapter. Within seven days after the date of each live birth, there shall be filed with the department by electronic means if a facility has such capabilities, or otherwise if electronic means are not available, a certificate of such birth. The certificate shall be upon the form prescribed by the department. For certificates of birth filed after seven days, but within one year from the date of birth, the department may, by rules promulgated pursuant to chapter 1-26, require additional evidence in support of the facts of birth.Informational copies of birth records shall be available to any person who can identify the birth record by providing the name of the person on the birth record, the date of birth, the mother's maiden name, or additional information required to locate the record. Nothing in this section prohibits the release of information contained on a birth record which would not identify any person named in the record.If one hundred years have elapsed after the date of birth, the records of the birth in the custody of the department shall become available to the public without restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide for the continued safekeeping of these records. Source: SDC 1939, 27.0207; SL 1945, ch 104; SL 1947, ch 121, 1; SL 1972, ch 194, 5; SL 1989, ch 297, 1; SL 1995, ch 196, 1; SL 1997, ch 205, 1; SL 2005, ch 190, 2. 
34-25-9.1. Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:(1)The physician in attendance at or immediately after the birth, or in the absence of such a person;(2)Any other person in attendance at or immediately after the birth, or in the absence of such a person;(3)The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence necessary to establish the facts of birth.Any person required to prepare and file a birth certificate pursuant to this section who fails to do so within one year of the birth is guilty of a Class 2 misdemeanor. Source: SDC 1939, 27.0207; SL 1945, ch 104; SL 1947, ch 121, 1; SDCL 34-25-9; SL 1972, ch 194, 9; SL 1997, ch 205, 2; SL 2019, ch 153, 1.
34-25-9.2. Birth certificate signed by parents or informant.Either of the parents of the child shall sign a document attesting to the accuracy of the personal data entered on it. If the parents are unable to sign, the document shall be signed by the informant. Source: SL 1972, ch 194, 10; SL 1995, ch 196, 4.
34-25-9. Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate.If a birth occurs in an institution, the physician in attendance at the birth or the physician's designee shall, within five days after the birth, obtain the personal data and the medical information required by the certificate and provide it to the person designated by the institution to file the certificate. Source: SDC 1939, 27.0207; SL 1945, ch 104; SL 1947, ch 121, 1; SL 1972, ch 194, 8; SL 1995, ch 196, 3.
34-26-1. Personal right to direct disposition of body and bodily parts.Every person has the right to direct the manner in which his body or any part thereof shall be disposed of after his death, and to direct the manner in which any part of his body which becomes separated therefrom during his lifetime shall be disposed of. The provisions of 34-26-4 to 34-26-7, inclusive, of 34-26-17 to 34-26-19, inclusive, and of 34-26-75 to 34-26-80, inclusive, do not apply where such person has given directions for the disposal of his body or any part thereof inconsistent with those provisions. Source: PenC 1877, 348; CL 1887, 6549; RPenC 1903, 353; RC 1919, 3867; SDC 1939, 27.1301; SL 1963, ch 152; SL 2022, ch 113, 8.
34-26-10. Embalming and preservation of bodies by medical school--Claim by friend or relative.All bodies delivered pursuant to 34-26-8 shall be properly embalmed, and shall be preserved for a period of not less than sixty days, during which time any personal friend or relative of the decedent, making request for such body for private interment, shall be given possession thereof. Source: SL 1909, ch 278, 1; RC 1919, 5595; SDC 1939, 15.1104.
34-26-11. Use of unclaimed bodies by medical school--Burial of remains.Bodies delivered pursuant to 34-26-8 unclaimed after the expiration of sixty days may be used for the promotion of medical and surgical science, and the instruction and study of physicians and students of anatomy and embalming in this state. After having served such purpose, the remains shall in all cases receive proper burial. Source: SL 1909, ch 278, 3; RC 1919, 5595; SDC 1939, 15.1104.
34-26-12. Autopsies at hospitals for the mentally ill.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.
34-26-13. Unauthorized dissection of body as misdemeanor.Every person who makes or procures to be made any dissection of the body of a human being, except by authority of law or in pursuance of a permission given by the decedent, is guilty of a Class 1 misdemeanor. Source: PenC 1877, 352; CL 1887, 6553; RPenC 1903, 357; RC 1919, 3871; SDC 1939, 13.1417; SL 1977, ch 190, 68.
34-26-14. Right to custody of dead body--Coroner's custody pending inquest.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.
34-26-15. Burial within reasonable time required.Except in the cases in which the right to dissect a dead body is expressly conferred by law, every dead body of a human being lying within this state must be decently buried within a reasonable time after the death. Nothing herein shall affect the right to remove from or carry through this state, a dead human body or parts thereof for the purpose of burying the same in another place. Source: PenC 1877, 349, 350; CL 1887, 6550, 6551; RPenC 1903, 354, 355; RC 1919, 3868, 3869; SDC 1939, 27.1301.
34-26-17. Right and duty of burial on failure by persons first charged--County claim against estate for expense of burial.In case the person upon whom the right and duty of burial is first cast by the provisions of 34-26-75 does not make the burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act it devolves upon the county of the legal residence of the deceased, and if no such residence is known, then upon the county where the body is first found, and in all such cases the county has a legal preferred claim against the estate of the decedent for the actual expense incurred. Source: PenC 1877, 355, subdiv 4; CL 1887, 6556, subdiv 4; RPenC 1903, 360, subdiv 4; RC 1919, 3874 (4); SDC 1939, 27.1303 (4); SL 1963, ch 153; SL 2022, ch 113, 9.
34-26-18. Failure to make burial as misdemeanor--Civil liability for treble expenses.Every person upon whom the duty of making burial of the remains of a deceased person is imposed by law, who omits to perform that duty within a reasonable time, is guilty of a Class 1 misdemeanor; and, in addition to the punishment prescribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action. Source: PenC 1877, 356; CL 1887, 6557; RPenC 1903, 361; RC 1919, 3875; SDC 1939, 13.1415; SL 1977, ch 190, 69.
34-26-19. Provisions applicable to parts of body.All provisions of this code requiring burial of a dead body, or punishing interference with, or injuries to a dead body, apply equally to any part of a dead body separated therefrom during lifetime, or by dissection after death, as soon as the lawful purposes of such dissection have been accomplished. Source: PenC 1877, 353, 354; CL 1887, 6554, 6555; RPenC 1903, 358, 359; RC 1919, 3872, 3873; SDC 1939, 27.1301.
34-26-2. Autopsy authorized.An autopsy may be performed upon the body of a deceased person by a physician or surgeon whenever so authorized in writing, or by electronically recorded telephone communication:(1)By the decedent during the decedent's lifetime; or(2)By the decedent's surviving spouse; or(3)If the surviving spouse is incompetent or not available or if there be no surviving spouse, by an adult child, parent, brother, or sister of the decedent. However, such autopsy may not be performed under a consent given as required by this subdivision if, before such autopsy is performed, any adult child or parent of the decedent objects in writing to the physician or surgeon by whom the autopsy is to be performed;(4)By the state's attorney, county sheriff, or investigating county coroner pursuant to 23-14-9.1. Source: SL 1951, ch 188, 2; SDC Supp 1960, 34.1016; SL 1961, ch 184, 2; SL 1981, ch 263; SL 1985, ch 191, 5; SL 2009, ch 123, 2.
34-26-21.1. Department of Public Safety distribution of information on organ donation.The Department of Public Safety shall provide each person renewing or applying for a driver license or nondriver identification card an opportunity to review information about organ donation, such as information available from the organ procurement organization designated by the federal government for this state.The department shall distribute this information:(1)On the Department of Public Safety website;(2)Through information mailed with each driver license and identification card renewal notice;(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 of Public Safety deems appropriate. Source: SL 2001, ch 186, 5; SL 2003, ch 272 (Ex. Ord. 03-1), 20; SL 2013, ch 159, 1.
34-26-3. Dissection authorized by decedent during life.The right to dissect the dead body of a human being exists whenever a person lawfully gives permission for such disposal of his body or any part thereof after death. Source: SDC 1939, 27.1304 (5); SL 1963, ch 152.
34-26-4. Dissection authorized by spouse or next of kin.The right to dissect the dead body of a human being exists whenever any spouse or next of kin of a deceased person, or any other person, being charged by law with the duty of burial authorizes such dissection of the dead body or any part thereof for the purpose of ascertaining the cause of death or for the purpose of scientific use or advancement of medical science. Source: PenC 1877, 351, subdiv 3; CL 1887, 6552, subdiv 3; RPenC 1903, 356, subdiv 3; RC 1919, 3870 (3); SDC 1939, 27.1304 (3); SL 1963, ch 152.
34-26-47.1. Discrimination in organ transplant process prohibited.No person may discriminate against an individual at any point in the organ transplant process, solely on the basis of an individuals mental or physical disability, unless the disability has been determined to be medically significant to the provision of an anatomical gift.A violation of this statute is an unfair or discriminatory practice under chapter 20-13. Source: SL 2022, ch 112, 1.
34-26-47. Hospital protocol for identifying potential organ donors.A hospital shall establish written protocols for the identification of potential human organ, eye, and tissue donors that:(1)Assure that families of potential donors are made aware of the option of organ, eye, and tissue donation and their option to decline;(2)Encourage discretion and sensitivity with respect to the circumstances, views, and beliefs of such families;(3)Require that an organ procurement agency designated by the United States secretary of health and human services be notified of potential organ donors; and(4)Require that an eye and tissue organization designated by the hospital be notified of potential eye and tissue donors. Source: SL 1992, ch 249, 1; SL 1995, ch 197, 5.
34-26-48. Short title.Sections 34-26-48 to 34-26-72, inclusive, may be cited as the Revised Uniform Anatomical Gift Act. Source: SL 2007, ch 197, 1.
34-26-49. Definitions.In 34-26-48 to 34-26-72, inclusive:(1)"Adult" means an individual who is at least eighteen years of age.(2)"Agent" means an individual:(A)Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or(B)Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.(3)"Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.(4)"Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term does not include a blastocyst, embryo, or fetus that is the subject of an induced abortion.(5)"Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under 34-26-58.(6)"Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.(7)"Donor" means an individual whose body or part is the subject of an anatomical gift.(8)"Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.(9)"Driver's license" means a license or permit issued by the Department of Public Safety to operate a vehicle, whether or not conditions are attached to the license or permit.(10)"Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.(11)"Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.(12)"Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.(13)"Identification card" means an identification card issued by the Department of Public Safety.(14)"Know" means to have actual knowledge.(15)"Minor" means an individual who is under eighteen years of age.(16)"Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.(17)"Parent" means a parent whose parental rights have not been terminated.(18)"Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.(19)"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.(20)"Physician" means an individual authorized to practice medicine or osteopathy under the law of any state. (21)"Procurement organization" means an eye bank, organ procurement organization, or tissue bank.(22)"Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.(23)"Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.(24)"Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.(25)"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(26)"Refusal" means a record created under 34-26-54 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.(27)"Sign" means, with the present intent to authenticate or adopt a record:(A)To execute or adopt a tangible symbol; or(B)To attach to or logically associate with the record an electronic symbol, sound, or process.(28)"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.(29)"Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.(30)"Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.(31)"Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.(32)"Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. Source: SL 2007, ch 197, 2.
34-26-5. Dissection for purposes of inquest authorized by coroner, sheriff, or state's attorney.The right to dissect the dead body of a human being exists if the death occurs under circumstances in which a coroner is authorized by law to hold an inquest upon the body or under the provisions of 23-14-9.1, and a coroner, sheriff, or the state's attorney designated by law to order an autopsy authorizes such dissection for the purposes of the inquest. Source: PenC 1877, 351, subdiv 2; CL 1887, 6552, subdiv 2; RPenC 1903, 356, subdiv 2; RC 1919, 3870 (2); SDC 1939, 27.1304 (2); SL 1961, ch 131; SL 1967, ch 103, 1; SL 1985, ch 191, 6; SL 2009, ch 123, 3.
34-26-50. Applicability.Sections 34-26-48 to 34-26-72, inclusive, apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made. Source: SL 2007, ch 197, 3.
34-26-51. Who may make anatomical gift before donor's death.Subject to 34-26-55, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in 34-26-52 by:(1)The donor, if the donor is an adult or if the donor is a minor and is:(A)Emancipated; or(B)Authorized under state law to apply for a driver's license because the donor is at least fourteen years of age, provided, that if the minor is unemancipated, a parent or guardian has consented that the organ donor indicator be placed on the minor's driver license or nondriver identification card;(2)An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;(3)A parent of the donor, if the donor is an unemancipated minor; or(4)The donor's guardian. Source: SL 2007, ch 197, 4.
34-26-52.1. Organ donor designation on driver licenses and identification cards--Maintenance and removal of donor designation in department computer records.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.
34-26-52. Manner of making anatomical gift before donor's death.(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.
34-26-53. Amending or revoking anatomical gift before donor's death.(a) Subject to 34-26-55, a donor or other person authorized to make an anatomical gift under 34-26-51 may amend or revoke an anatomical gift by:(1)A record signed by:(A)The donor;(B)The other person; or(C)Subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or(2)A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.(b) A record signed pursuant to subsection (a)(1)(C) 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 paragraph (1).(c) Subject to 34-26-55, a donor or other person authorized to make an anatomical gift under 34-26-51 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a). Source: SL 2007, ch 197, 6.
34-26-54. Refusal to make anatomical gift--Effect of refusal.(a) An individual may refuse to make an anatomical gift of the individual's body or part by:(1)A record signed by:(A)The individual; or(B)Subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;(2)The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or(3)Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.(b) A record signed pursuant to subsection (a)(1)(B) 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 individual; and(2)State that it has been signed and witnessed as provided in paragraph (1).(c) An individual who has made a refusal may amend or revoke the refusal:(1)In the manner provided in subsection (a) for making a refusal;(2)By subsequently making an anatomical gift pursuant to 34-26-52 that is inconsistent with the refusal; or(3)By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.(d) Except as otherwise provided in 34-26-55(h), in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part. Source: SL 2007, ch 197, 7.
34-26-55. Preclusive effect of anatomical gift, amendment, or revocation.(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under 34-26-52 or an amendment to an anatomical gift of the donor's body or part under 34-26-53.(b) A donor's revocation of an anatomical gift of the donor's body or part under 34-26-53 is not a refusal and does not bar another person specified in 34-26-51 or 34-26-56 from making an anatomical gift of the donor's body or part under 34-26-52 or 34-26-57.(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under 34-26-52 or an amendment to an anatomical gift of the donor's body or part under 34-26-53, another person may not make, amend, or revoke the gift of the donor's body or part under 34-26-57.(d) A revocation of an anatomical gift of a donor's body or part under 34-26-53 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under 34-26-52 or 34-26-57.(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under 34-26-51, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under 34-26-51, an anatomical gift of a part for one or more of the purposes set forth in 34-26-51 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under 34-26-52 or 34-26-57.(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal. Source: SL 2007, ch 197, 8.
34-26-56. Who may make anatomical gift of decedent's body or part.(a) Subject to subsections (b) and (c) and unless barred by 34-26-54 or 34-26-55, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:(1)An agent of the decedent at the time of death who could have made an anatomical gift under 34-26-51(2) immediately before the decedent's death;(2)The spouse of the decedent;(3)Adult children of the decedent;(4)Parents of the decedent;(5)Adult siblings of the decedent;(6)Adult grandchildren of the decedent;(7)Grandparents of the decedent;(8)An adult who exhibited special care and concern for the decedent;(9)The persons who were acting as the guardians of the person of the decedent at the time of death; and(10)Any other person having the authority to dispose of the decedent's body.(b) If there is more than one member of a class listed in subsection (a) (1), (3), (4), (5), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under 34-26-58 knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift. Source: SL 2007, ch 197, 9.
34-26-57. Manner of making, amending, or revoking anatomical gift of decedent's body or part.(a) A person authorized to make an anatomical gift under 34-26-56 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.(b) Subject to subsection (c), an anatomical gift by a person authorized under 34-26-56 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under 34-26-56 may be:(1)Amended only if a majority of the reasonably available members agree to the amending of the gift; or(2)Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.(c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation. Source: SL 2007, ch 197, 10.
34-26-58. Persons who may receive anatomical gift--Purpose of anatomical gift.(a) An anatomical gift may be made to the following persons named in the document of gift:(1)A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education;(2)Subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;(3)An eye bank or tissue bank.(b) If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply:(1)If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.(2)If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.(3)If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.(4)If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.(d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as donor, organ donor, or body donor, or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).(g) For purposes of subsections (b), (e), and (f) the following rules apply:(1)If the part is an eye, the gift passes to the appropriate eye bank.(2)If the part is tissue, the gift passes to the appropriate tissue bank.(3)If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ.(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under 34-26-52 or 34-26-57 or if the person knows that the decedent made a refusal under 34-26-54 that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.(k) Except as otherwise provided in subsection (a)(2), nothing in 34-26-48 to 34-26-72, inclusive, affects the allocation of organs for transplantation or therapy. Source: SL 2007, ch 197, 11.
34-26-59. Search and notification.(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:(1)A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and(2)If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section. Source: SL 2007, ch 197, 12.
34-26-6. Dissection of body of state institution inmate--Consent of next of kin required--Abandoned inmate.The right to dissect the dead body of a human being exists whenever the person dying is at the time of death an inmate of any charitable institution supported by the State of South Dakota, and such person is at the time of death under medical treatment by physicians appointed or under supervision of said authority; provided however, that before such dissection is allowed an order shall be made by the superintendent or person having charge of such charitable institution stating that in his opinion such dissection is necessary or advisable for the purpose of obtaining knowledge of the cause of the death of such person or necessary for the treatment of others; and, before such dissection be allowed the consent of the next of kin of said deceased person shall be obtained, unless said deceased person shall have been neglected or abandoned by said kin for a period of not less than six months next preceding the time of death of such person, and when no inquiry for or in regard to said deceased person shall have been made by the next of kin of said deceased person for a period of six months next preceding the death of such person, such person shall be deemed abandoned for said period. Source: SL 1895, ch 75, 1; RPenC 1903, 356, subdiv 4; RC 1919, 3870 (4); SDC 1939, 27.1304 (4).
34-26-60. Delivery of document of gift not required--Right to examine.(a) A document of gift need not be delivered during the donor's lifetime to be effective.(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under 34-26-58. Source: SL 2007, ch 197, 13.
34-26-61. Rights and duties of procurement organization and others.(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Public Safety and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.(b) A procurement organization must be allowed reasonable access to information in the records of the Department of Public Safety to ascertain whether an individual at or near death is a donor.(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.(d) Unless prohibited by law other than 34-26-48 to 34-26-72, inclusive, at any time after a donor's death, the person to which a part passes under 34-26-58 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.(e) Unless prohibited by law other than 34-26-48 to 34-26-72, inclusive, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.(g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in 34-26-56 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.(h) Subject to 34-26-58(i) and 34-26-70, the rights of the person to which a part passes under 34-26-58 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and 34-26-48 to 34-26-72, inclusive, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under 34-26-58, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove. Source: SL 2007, ch 197, 14.
34-26-62. Coordination of procurement and use.Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. Source: SL 2007, ch 197, 15.
34-26-63. Sale or purchase of parts prohibited.(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.
34-26-64. Other prohibited acts.A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a Class 5 felony. Source: SL 2007, ch 197, 17.
34-26-65. Immunity.(a) A person that acts in accordance with 34-26-48 to 34-26-72, inclusive, or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.(c) In determining whether an anatomical gift has been made, amended, or revoked under 34-26-48 to 34-26-72, inclusive, a person may rely upon representations of an individual listed in 34-26-56(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue. Source: SL 2007, ch 197, 18.
34-26-66. Law governing validity--Choice of law as to execution of document of gift--Presumption of validity.(a) A document of gift is valid if executed in accordance with:(1)Sections 34-26-48 to 34-26-72, inclusive;(2)The laws of the state or country where it was executed; or(3)The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked. Source: SL 2007, ch 197, 19.
34-26-67. Donor registry.(a) The Department of Public Safety shall establish or contract for the establishment of a donor registry.(b) The department, in partnership with the federally-designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota, shall compile, operate, maintain, and modify the registry as necessary. The registry shall include pertinent information on all South Dakotans who have registered to donate organs, tissues, and eyes and all relevant information regarding a donor's making amendment to, or revocation of, an anatomical gift in accordance with the Revised Uniform Anatomical Gift Act (34-26-48 to 34-26-72, inclusive).(c) A donor registry must:(1)Allow a donor or other person authorized under 34-26-51 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;(2)Allow a donor or other person online access to register as a donor, to amend an existing donor status, or remove an existing donor registration seven days a week on a twenty-four hour basis;(3)Be accessible electronically to the federally designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota to allow the procurement organization to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and(4)Be accessible for purposes of subdivision (2) seven days a week on a twenty-four hour basis.(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.(e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d).(f) The department shall collect data from the registry that is not restricted by subsection (d) and share the data with the federally-designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota to be used for the purpose of evaluating the effectiveness or educational initiatives to promote organ, tissue, and eye donation that are conducted or coordinated by organ procurement organizations, hospitals, and state agencies operating in the state. Source: SL 2007, ch 197, 20; SL 2013, ch 159, 4.
34-26-68. Effect of anatomical gift on advance health care directive.(a) In this section:(1)"Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.(2)"Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.(3)"Health care decision" means any decision made regarding the health care of the prospective donor.(b) If a prospective donor has a declaration or advance health care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary. Source: SL 2007, ch 197, 21.
34-26-69. Cooperation between coroner and procurement organization.(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.(b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, unless the coroner denies recovery in accordance with 34-26-70, the coroner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner. Source: SL 2007, ch 197, 22.
34-26-7. Dissection authorized by legislative enactment.The right to dissect the dead body of a human being exists in the cases authorized by positive enactment of the Legislature of this state. Source: PenC 1877, 351, subdiv 1; CL 1887, 6552, subdiv 1; RPenC 1903, 356, subdiv 1; RC 1919, 3870 (1); SDC 1939, 27.1304 (1).
34-26-70. Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.(a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.(b) The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, X rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.(c) A person that has any information requested by a coroner pursuant to subsection (b) shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.(d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a post- mortem examination is not required, or the coroner determines that a post- mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.(e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death, the coroner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the coroner may allow the recovery.(f) Following the consultation under subsection (e), in the absence of mutually agreed upon protocols to resolve conflict between the coroner and the procurement organization, if the coroner intends to deny recovery of an organ for transplantation, the coroner or designee, at the request of the procurement organization, shall attend the removal procedure for the part before making a final determination not to allow the procurement organization to recover the part. During the removal procedure, the coroner or designee may allow recovery by the procurement organization to proceed, or, if the coroner or designee reasonably believes that the part may be involved in determining the decedent's cause or manner of death, deny recovery by the procurement organization.(g) If the coroner or designee denies recovery under subsection (f), the coroner or designee shall:(1)Explain in a record the specific reasons for not allowing recovery of the part;(2)Include the specific reasons in the records of the coroner; and(3)Provide a record with the specific reasons to the procurement organization.(h) If the coroner or designee allows recovery of a part under subsection (d), (e), or (f), the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.(i) If a coroner or designee is required to be present at a removal procedure under subsection (f), upon request the procurement organization requesting the recovery of the part shall reimburse the coroner or designee for the additional costs incurred in complying with subsection (f). Source: SL 2007, ch 197, 23.
34-26-71. Uniformity of application and construction.In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2007, ch 197, 24.
34-26-72. Relation to Electronic Signatures in Global and National Commerce Act.Sections 34-26-48 to 34-26-72, inclusive, modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of that act, 15 U.S.C. section 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b). Source: SL 2007, ch 197, 25.
34-26-73.Disposition of body of deceased servicemember.If a decedent dies while serving in any branch of the United States armed forces, the United States reserve forces, or the national guard, as provided by 10 U.S. C. 1481 section (a)(1) to (8), inclusive, and the decedent has designated a person authorized to direct disposition of human remains on a United States Department of Defense record of emergency (DD form 93), a successor form, or an equivalent form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves to the person designated by the decedent. Source: SL 2014, ch 169, 1.
34-26-74. Contracts for disposition--Funeral--Burial.A person, who is 18 years of age or older and of sound mind, by entering into a preneed contract as defined by 55-11-1, may direct the location, manner and conditions of disposition of the persons remains, and the arrangements for funeral goods and services to be provided upon the persons death. The disposition directions and funeral prearrangements that are contained in a preneed contract are not subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person who the decedent has appointed in the preneed contract as the person authorized to cancel or revise the terms of the preneed contract, or unless any resources set aside to fund the preneed contract are insufficient under the terms of the preneed contract to carry out the disposition directions and funeral prearrangements contained therein. Source: SL 2022, ch 113, 1.
34-26-75. Right to control--Order of precedence.Except as provided in 34-26-74 and 34-26-76, the duty to bury, find a grave for, and provide the grave of the deceased person with a permanent concrete, metal anchored in concrete, or stone marker, and the right to control the disposition of the remains of a deceased person, the location, manner and conditions of disposition, and arrangements for funeral goods and services to be provided vests in the following, in the order named, provided such person is 18 years or older and is of sound mind:(1)A person designated by the decedent as the person with the right to control the disposition in an affidavit executed in accordance with 34-26-77;(2)A person designated in the federal Record of Emergency Date Form DD 93, or its successor form, to have the right of disposition by a member of the military who dies while under active-duty orders, as described in 10 U.S.C. 1481, in effect on January 1, 2022;(3)The surviving spouse;(4)The sole surviving child of the decedent, or if there is more than one child of the decedent, the majority of the surviving children. However, less than one-half of the surviving children are vested with the rights of this section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving children;(5)The surviving parent or parents of the decedent. If one of the surviving parents is absent, the remaining parent is vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving parent;(6)The surviving brother or sister of the decedent, or if there is more than one sibling of the decedent, the majority of the surviving siblings. However, less than the majority of surviving siblings are vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving siblings;(7)The surviving grandparent of the decedent, or if there is more than one surviving grandparent, the majority of the grandparents. However, less than the majority of the surviving grandparents are vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving grandparents;(8)The guardian of the person of the decedent at the time of the decedents death, if one had been appointed;(9)The person named as personal representative in the last will and testament of the decedent;(10)The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition;(11)If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator, or employee responsible for arranging the final disposition of decedents remains; or(12)In the absence of any person under subdivisions (1) to (11), inclusive, of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedents remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under subdivisions (1) to (11), inclusive, of this section. Source: SL 2022, ch 113, 2.
34-26-76. Forfeiture of right.A person entitled under law to the right and duty of disposition forfeits that right and that duty, and the right and duty is passed on to the next qualifying person as listed in 34-26-75, in the following circumstances:(1)Any person charged with first- or second-degree murder or voluntary manslaughter in connection with the decedents death, and whose charges are known to the funeral director; provided, however that if the charges against the person are dismissed, or if the person is acquitted of the charges, the right of disposition is returned to the person;(2)Any person who does not exercise the person's right of disposition within two days of notification of the death of decedent or within three days of the date of possession of the decedent's remains by a funeral home, whichever is earlier;(3)If the person and the decedent are spouses and a petition to dissolve the marriage is pending at the time of decedents death; or(4)Where the court, pursuant to 34-26-78, determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this subdivision, the term, estranged, means a physical and emotional separation from the decedent at the time of death that has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. Source: SL 2022, ch 113, 3.
34-26-77. Affidavit--Designation by decedent.A person who is 18 years or older and of sound mind wishing to authorize another person to control the disposition of his or her remains as referenced in 34-26-75, may execute an affidavit before a notary public in substantially the following form:State of _______________ }County of ______________ }I, __________________, do hereby designate ____________________ with the right to control the disposition of my remains upon my death. I __ have/ __ have not attached specific directions concerning the disposition of my remains which the designee shall substantially comply with, provided such directions are lawful and there are sufficient resources in my estate to carry out the directions.Subscribed and sworn to before me this ___ day of the month of _____ of the year _____.______________________ (signature of notary public) Source: SL 2022, ch 113, 4.
34-26-78. Court determination against statutory precedence--Considerations.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 decedents remains if those sharing the right of disposition cannot agree. The following provisions apply to the courts 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 decedents 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.
34-26-79. Funeral service agreement-- Disposition authorizationReliance upon content.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 partys 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.
34-26-8. Notice to medical school of unclaimed body--Requisition by and forwarding to medical school.It shall be the duty of any person into whose charge may come the unclaimed dead body of a convict or other person to be buried at public expense, to give notice to the dean of the School of Medicine of the University of South Dakota within twenty-four hours after the receipt of any such body, specifying in such notice the probable cause of death; and upon the requisition of such dean he shall forward such body to the university, at its expense, within twenty-four hours of the receipt of such requisition. Source: SL 1909, ch 278, 1; RC 1919, 5595; SDC 1939, 15.1104.
34-26-80. Funeral homes--Limitation of liability--Acting in good faith.No funeral home or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions. Source: SL 2022, ch 113, 7.
34-26-9. Receipt and record of bodies received by medical school.A receipt for any body forwarded pursuant to 34-26-8 shall be given to the officer or person delivering the same, and the medical school of the university shall keep or cause to be kept, a record of all such bodies so received, in which shall be recorded at length all facts necessary for the identification of such bodies. Source: SL 1909, ch 278, 2; RC 1919, 5595; SDC 1939, 15.1104.
34-26A-1. Definition of terms.Terms used in this chapter mean:(1)"Board," the State Board of Funeral Service;(1A)"Casket," a rigid container which is designed for the encasement of human remains and which is usually constructed of wood, metal, or like material and ornamented and lined with fabric;(2)"Closed container," any container in which cremated remains can be placed and closed in a manner so as to prevent leakage or spillage of cremated remains or the entrance of foreign material;(3)"Cremated remains," all human remains recovered after the completion of the cremation process, including pulverization which leaves only bone fragments reduced to unidentifiable dimensions;(4)"Cremation," the technical process, using heat, that reduces human remains to bone fragments. The reduction takes place through heat and evaporation;(5)"Cremation chamber," the enclosed space within which the cremation process takes place. Cremation chambers covered by these procedures shall be used exclusively for the cremation of human remains;(6)"Cremation container," the container in which the human remains are placed in the cremation chamber for a cremation. A cremation container shall be composed of readily combustible materials suitable for cremation, be able to be closed in order to provide a complete covering for the human remains, be resistant to leakage or spillage, be rigid enough for handling with ease, and be able to provide protection for the health, safety, and personal integrity of crematory personnel;(7)"Crematory authority," the legal entity or the authorized representative of the legal entity which is licensed by the board to operate a crematory and perform cremation;(8)"Crematory," the building or portion of a building that houses the cremation chamber and the holding facility;(9)"Holding facility," an area within or adjacent to the crematory facility designated for the retention of human remains prior to cremation that complies with any applicable public health law, preserves the dignity of the human remains, recognizes the integrity, health, and safety of the crematory authority personnel operating the crematory, and is secure from access by anyone other than authority personnel;(10)"Human remains," the body of a deceased person, not including pathological waste;(11)"Niche," a compartment or cubicle for the memorialization or permanent placement of an urn containing cremated remains;(12)"Pathological waste," human tissues, organs, and blood or body fluids, in liquid or semiliquid form, that are removed from a person for medical purposes during treatment, surgery, biopsy, or autopsy;(13)"Scattering area," a designated area for the scattering of cremated remains;(14)"Temporary container," a receptacle for cremated remains usually made of cardboard, plastic film, or similar material designed to hold the cremated remains until an urn or other permanent container is acquired; and(15)"Urn," a receptacle designed to permanently encase the cremated remains. Source: SL 1988, ch 283, 1; SL 1989, ch 298, 1, 2; SL 1998, ch 211, 1 to 3.
34-26A-10. Acceptance of unidentified human remains prohibited--Identification on exterior of cremation container.No crematory authority may accept unidentified human remains. If the crematory authority takes custody subsequent to the human remains being placed within a cremation container, the crematory authority shall place appropriate identification upon the exterior of the cremation container. Source: SL 1988, ch 283, 10.
34-26A-11. Filing of burial permit on completion of cremation.Upon completion of the cremation, the crematory authority shall file the burial permit with the local registrar of vital records pursuant to 34-25-24. Source: SL 1988, ch 283, 11.
34-26A-12. Casket not to be required by crematory authority--Cremation container to be cremated absent written instructions to the contrary.Except as provided in this section no crematory authority may make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket, nor may the crematory refuse to accept human remains for cremation for the reason that the human remains are not in a casket. No human remains delivered to a crematory may be removed from the cremation container and the cremation container shall be cremated with the human remains, unless the crematory authority has been provided with written instructions to the contrary by the authorizing agent. Source: SL 1988, ch 283, 12.
34-26A-13. When cremation may take place--Investigation by coroner--Waiver of time requirement.No human remains may be cremated within twenty-four hours after the time of death, as indicated on the medical certificate of death, or the coroner's certificate. If the death is such as is to be investigated by a coroner, the human remains may not be cremated by the crematory authority until the coroner has completed his investigation and authorization to cremate has been received in writing from the coroner of the county in which the death occurred. In no instance may the lapse of time between the death and any cremation be less than twenty-four hours, unless the death was a result of an infectious, contagious, or communicable and dangerous disease, and the time requirement is waived in writing by the coroner or the attending physician where the death occurred. Source: SL 1988, ch 283, 13.
34-26A-14. Notification of coroner by crematory authority in certain cases--Investigation--Authorization to cremate.If the crematory authority receives the human remains of a deceased person who the crematory authority has reason to believe may have died by unlawful means or is subject to investigation under 23-14-18, the crematory authority shall notify the coroner of the county where the death occurred of this belief. After this notice, the human remains may not be cremated until the coroner has completed his investigation, if any, and authorization to cremate has been received in writing from the coroner by the crematory authority. Source: SL 1988, ch 283, 14.
34-26A-15. Removal of pacemaker or hazardous implants.No body may be cremated with a pacemaker in place. The party that authorizes the cremation of the human remains shall be responsible for taking all necessary steps to ensure that any pacemakers or hazardous implants are removed before cremation. Source: SL 1988, ch 283, 15.
34-26A-16. Holding human remains before cremation--Refrigeration--Leaking cremation container need not be accepted.A crematory authority may hold human remains, before the cremation of the remains, according to the following subdivisions:(1)If a crematory authority is unable to cremate the human remains immediately upon taking custody of the remains, the crematory authority shall place the unembalmed human remains in a refrigerated holding facility;(2)No crematory authority may be required to accept for holding a cremation container from which there is any evidence of leakage of the body fluids from the human remains therein; and(3)Human remains that are not embalmed shall be held within a refrigerated facility. Source: SL 1988, ch 283, 16.
34-26A-17. Unauthorized persons not permitted in crematory area.No unauthorized person may be permitted in the crematory area while any human remains are in the crematory area awaiting cremation, being cremated, or being removed from the cremation chamber. Source: SL 1988, ch 283, 17.
34-26A-18. Simultaneous cremations forbidden absent written authorization--Authorization as exemption from liability for commingling.The unauthorized, simultaneous cremation of the human remains of more than one person within the same cremation chamber is forbidden, unless the crematory authority has received specific written authorization to do so from all authorizing agents for the human remains to be so cremated. A written authorization exempts the crematory authority from all liability for commingling of the product of the cremation process. Source: SL 1988, ch 283, 18.
34-26A-19. Verification of identification before cremation.Immediately before being placed within the cremation chamber, the identification of the human remains, as indicated on the cremation container, shall be verified by the crematory authority and the identification shall be removed from the cremation container and placed near the cremation chamber control panel where it shall remain in place until the cremation process is complete. Source: SL 1988, ch 283, 19.
34-26A-2. Authorizing agent defined--Public official or institutional representative as authorizing agent.The authorizing agent is any person according to the priority established in 34-26-75 legally entitled to order the cremation of human remains. For an indigent or any other individual whose final disposition is the responsibility of the state, a public official charged with arranging the final disposition of the deceased may serve as the authorizing agent. For an individual who has donated his body to science, or whose death occurred in a private institution, and in which the institution is charged with making arrangements for the final disposition of the deceased, a representative of the institution may serve as the authorizing agent. Source: SL 1988, ch 283, 2; SL 2022, ch 113, 10.
34-26A-20. Removal and processing of residue.Upon completion of the cremation, in so far as is possible, all of the recoverable residue of the cremation process shall be removed from the cremation chamber. In so far as possible, all residual of the cremation process shall be separated from anything other than bone fragments and then be processed so as to reduce them to an unidentifiable particle. Anything other than the particles shall be removed from the cremated residuals and shall be disposed of by the crematory authority. Source: SL 1988, ch 283, 20.
34-26A-21. Packing of cremated remains--Temporary container--Shipping.Cremated remains shall be packed according to the following subdivisions:(1)The cremated remains with proper identification shall be placed in a temporary container or urn. The temporary container or urn contents may not be contaminated with any other object, unless specific authorization has been received from the authorizing agent;(2)The cremated remains with proper identification shall be placed within the temporary container or urn ordered by the authorizing agent. If the cremated remains within the temporary container or urn do not adequately fill its interior dimensions, the extra space may be filled with shredded paper, clean, absorbent cotton or comparable material, and the lid or top securely closed;(3)If the cremated remains will not fit within the dimensions of a temporary container or urn the remainder of the cremated remains shall be returned to the authorizing agent or its representative in a separate container;(4)If a temporary container is used to return the cremated remains, the container shall be placed in a suitable box and all box seams taped closed to increase the security and integrity of the container. The outside of the container shall be clearly identified with the name of the deceased person whose cremated remains are contained therein and the name of the cremation authority; and(5)If the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent shall be packed securely in a suitable cardboard box and all seams taped closed to increase the security and integrity of the container. Cremated remains shall be shipped only by a method which has an internal tracing system available and which provides a receipt signed by the person accepting delivery. Source: SL 1988, ch 283, 21.
34-26A-22. Statement by authorizing agent specifying disposition of cremated remains--Retention of copy.The authorizing agent shall provide the person with whom cremation arrangements are made with a signed statement specifying the ultimate disposition of the cremated remains. A copy of this statement shall be retained by the crematory authority. Source: SL 1988, ch 283, 22.
34-26A-23. Responsibility of authorizing agent for disposition--Disposal of unclaimed remains--Reimbursement--Record--Discharge from liability.The authorizing agent is responsible for the disposition of the cremated remains. If, after a period of thirty days from the date of cremation, the authorizing agent has not specified the ultimate disposition or claimed the cremated remains, the crematory authority or the person in possession of the cremated remains may dispose of the cremated remains in any manner permitted by law. The authorizing agent is responsible for reimbursing the crematory authority for all reasonable expenses incurred in disposing of the cremated remains pursuant to this section. A record of such disposition shall be made and kept by the person making the disposition. Upon disposing of cremated remains under this section, the crematory authority or person in possession of the cremated remains is discharged from any legal obligation or liability concerning the cremated remains. This provision applies to all cremated remains currently in the possession of a crematory authority or other party. Source: SL 1988, ch 283, 23.
34-26A-24. Where cremated remains may be disposed of--Consent of property owner.In addition to disposing of cremated remains in a crypt, niche, grave, or scattering garden located in a dedicated cemetery, or by scattering over the sea or other public waterways pursuant to 34-26A-27, cremated remains may be disposed of in any manner on the private property of a consenting owner, upon direction of the authorizing agent. If cremated remains are to be disposed of on private property, other than dedicated cemetery property, the authorizing agent shall provide the crematory authority, with the written consent of the property owner and the legal description of the property. Source: SL 1988, ch 283, 24.
34-26A-25. Commingling of cremated remains prohibited--Exceptions.Except with the express written permission of the authorizing agent, no person may:(1)Dispose of or scatter cremated remains in such a manner or in such a location that the cremated remains are commingled with those of another person. The provisions of this subdivision do not apply to the scattering of cremated remains at sea or by air from individual closed containers or to the scattering of cremated remains in an area located in a dedicated cemetery and used exclusively for such purposes; or(2)Place cremated remains of more than one person in the same closed container. This subdivision does not apply to placing the cremated remains of members of the same family in a common closed container designed for the cremated remains of more than one person. Source: SL 1988, ch 283, 25.
34-26A-26. Delivery of cremated remains--Receipt--Transportation of remains.Cremated remains shall be delivered by the crematory authority to the individual specified by the authorizing agent on the cremation authorization form. The representative of the crematory authority and the individual receiving the cremated remains shall sign a receipt indicating the name of the deceased, and the date, time, and place of receipt. The crematory authority shall retain a copy of this receipt. After this delivery, the cremated remains may be transported in any manner in this state, without a permit, and disposed of in accordance with the provisions of this chapter. Source: SL 1988, ch 283, 26.
34-26A-27. Scattering of cremated remains--Filing of statement with local registrar--Release of remains by crematory authority--Violation as misdemeanor.Cremated remains may be scattered over a public waterway or sea, or on the private property of a consenting owner pursuant to the provisions of this chapter, if they are reduced to a particle size of one-eighth inch or less. A person may utilize a boat or airplane to perform the scattering. Cremated remains shall be removed from their closed container before they are scattered. Any person who scatters human remains, pursuant to this section, shall file with the local registrar of births and deaths, in the county nearest the point where the cremated remains are to be scattered, a verified statement containing the name of the deceased person, the time and place of death, the place at which the cremated remains are to be scattered, and any other information that the local registrar of births and deaths may require. If cremated remains are to be scattered pursuant to this section, the crematory authority may not release the cremated remains to the authorizing agent until the crematory authority has been provided with a receipt indicating that the proper filing has been made with the local registrar of births and deaths. The scattering of cremated remains in violation of this section is a Class 2 misdemeanor. Source: SL 1988, ch 283, 27; SL 2000, ch 173, 2; SL 2013, ch 160, 1.
34-26A-28. Cremation authorization form as warranty of identity, authority, etc.--Liability of person signing form.Any person signing a cremation authorization form is deemed to warrant the truthfulness of any facts set forth in the cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and that person's authority to order the cremation. Any person signing a cremation authorization form is personally and individually liable for all damage occasioned thereby and resulting therefrom. Source: SL 1988, ch 283, 28.
34-26A-29. Right of crematory authority to cremate on receipt of authorization form--Immunity from liability--Exception.A crematory authority may cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent. No crematory authority that cremates human remains pursuant to an authorization or that releases or disposes of the cremated remains pursuant to an authorization, unless the crematory authority has actual knowledge that the representations contained in the cremation authorization form were untrue, is liable for such cremation. Source: SL 1988, ch 283, 29.
34-26A-3. Construction and maintenance of crematory--Operation under licensed funeral director or establishment--Exception--Building and zoning regulations.Any resident of this state, or any cemetery, funeral establishment, corporation, partnership, joint venture, voluntary organization, or any other entity may erect, maintain, and operate a crematory in this state and provide the necessary appliances and facilities for the cremation of human remains in accordance with this chapter. The operation of any crematory in this state shall be under the direction and supervision of a licensed funeral director and a licensed funeral establishment, each licensed pursuant to chapter 36-19. However, any medical facility cremating either whole or specific body parts does not need to be under the direction and supervision of a licensed funeral director and licensed funeral establishment. A crematory shall conform with all local building codes and environmental standards, and it may be constructed on, or adjacent to, any cemetery, on or adjacent to any funeral establishment that is zoned commercial or industrial, or at any other location consistent with local zoning regulations. Source: SL 1988, ch 283, 3; SL 2014, ch 170, 1.
34-26A-30. Crematory authority not responsible for valuables.No crematory authority is responsible or liable for any valuables delivered to the crematory authority with human remains. Source: SL 1988, ch 283, 30.
34-26A-31. Refusal to accept body or perform cremation--When crematory authority not liable--Court order or resolution of dispute.No crematory authority is liable for refusing to accept a body or to perform a cremation until it receives a court order or other suitable confirmation that a dispute has been settled if:(1)It is aware of any dispute concerning the cremation of human remains;(2)It has a reasonable basis for questioning any of the representations made by the authorizing agent; or(3)For any other lawful reason. Source: SL 1988, ch 283, 31.
34-26A-32. Refusal to release cremated remains--When crematory authority not liable--Court order or resolution of dispute.If a crematory authority is aware of any dispute concerning the release or disposition of the cremated remains, the crematory authority may refuse to release the cremated remains until the dispute has been resolved or the crematory authority has been provided with a court order authorizing the release of disposition of the cremated remains. A crematory authority is not liable for refusing to release or dispose of cremated remains in accordance with this section. Source: SL 1988, ch 283, 32.
34-26A-33. Promulgation of rules by department--Contents--Adoption of rules by crematory authority.The board shall promulgate reasonable rules pursuant to chapter 1-26 as may be consistent with this chapter governing the cremation of human remains. The rules specifically shall include the minimum standards of sanitation, refrigeration, required equipment, and fire protection for all crematories which the board may deem necessary for the protection of the public. A crematory authority may adopt reasonable rules, not inconsistent with this chapter, for the management and operation of a crematory. Source: SL 1988, ch 283, 33; SL 1998, ch 211, 5.
34-26A-34. Maintenance of crematory in violation of chapter as nuisance--Abatement.Maintenance or operation of a building or structure within this state as a crematory in violation of the provisions of this chapter or the rules of the department adopted pursuant thereto is a public nuisance and may be abated as provided by law. Source: SL 1988, ch 283, 34.
34-26A-35. Holding self out as crematory authority without license or performing cremation without authorization form as misdemeanor.Holding oneself out to the public as a crematory authority without being licensed under this chapter, or performing a cremation without a cremation authorization form signed by an authorizing agent is a Class 1 misdemeanor. Source: SL 1988, ch 283, 35.
34-26A-36. Knowingly signing false authorization form as misdemeanor.Signing a cremation authorization form with the actual knowledge that the form contains false or incorrect information is a Class 1 misdemeanor. Source: SL 1988, ch 283, 36.
34-26A-37. Pre-need contract to specify ultimate disposition of cremated remains--Compliance with contract absent different instructions at time of death--Release from liability.Any pre-need contract sold by, or pre-need arrangements made with, a cemetery, funeral establishment, or any other party, that includes a cremation, shall specify the ultimate disposition of the cremated remains, and that portion of the agreement shall be initialed by the individual making the arrangements. If no additional or different instructions are provided to the crematory authority by the authorizing agent at the time of death, the crematory authority may release or dispose of the cremated remains as indicated in the pre-need agreement. Upon compliance with the terms of the pre-need agreement, the crematory authority is released from any liability concerning the disposition of the cremated remains. Source: SL 1988, ch 283, 37.
34-26A-38. Right to authorize one's own cremation on pre-need basis--Witnesses--Designation of crematory authority--Transfer or cancellation--Notice to department and crematory authority.Any person, on a pre-need basis, may authorize his own cremation and the disposition of his cremated remains, on a pre-need cremation authorization and signed by the person as authorizing agent and by two witnesses. The person may designate the crematory authority. A copy of this form shall be retained by the person and a copy sent to the crematory authority, if designated. The person may transfer or cancel this cremation authorization at any time before his death, by providing written notice to the department and crematory authority, if applicable. Source: SL 1988, ch 283, 38.
34-26A-39. Disposition of remains of deceased in accordance with pre-need authorization form--Best efforts of persons in possession of form or charged with making arrangements.At the time of a person's death, any person in possession of an executed pre-need cremation authorization form and any person charged with making arrangements for the final disposition of the deceased who has knowledge of the existence of an executed pre-need cremation authorization form, shall use his best efforts to ensure that the deceased is cremated and disposed of according to the instructions contained on the pre-need cremation authorization form. Source: SL 1988, ch 283, 39.
34-26A-4. Application for licensure or renewal--Forms--Fee--Contents--Annual examination--Notice on change of ownership.An application for licensure or renewal of a license as a crematory authority shall be on forms furnished and prescribed by the board. Applications shall be in writing, accompanied by a license or renewal fee of one hundred dollars and shall contain the name of the applicant, the address and location of the crematory, a description of the type of structure and equipment to be used in the operation of the crematory, and any other information the board may reasonably require. The board shall annually examine the premises and structure to be used as a crematory and shall issue a license or renew a license for the crematory authority, if the applicant meets all requirements of this chapter. If a change of ownership of a crematory occurs, within thirty days of the change, the crematory authority shall provide the board with the names and addresses of the new owners. Source: SL 1988, ch 283, 4; SL 1998, ch 211, 4.
34-26A-40. Crematory authority to comply with pre-need authorization form--Immunity from liability.If a completed pre-need cremation authorization form is in the possession of, or is provided to, a crematory authority and the crematory authority is in possession of the designated human remains, the crematory authority shall cremate the human remains and dispose of the cremated remains pursuant to the instructions contained on the pre-need cremation authorization form, and may do so without any liability. Source: SL 1988, ch 283, 40.
34-26A-41. Employment of licensed funeral director.A crematory authority may employ a licensed funeral director for the purpose of arranging cremations with the general public, transporting human remains to the crematory, and processing all necessary paperwork. Source: SL 1988, ch 283, 41; SL 2014, ch 170, 2.
34-26A-5. Cremation prohibited except in licensed crematory--Violation as misdemeanor.No person may cremate any human remains, except in a crematory licensed for this express purpose and under the limitations provided in this chapter. A violation of this section is a Class 2 misdemeanor. Source: SL 1988, ch 283, 5; SL 2000, ch 173, 1.
34-26A-6. Documentation required for cremation--Cremation authorization form--Burial permit--Other local documentation.Except as otherwise provided in this chapter, no crematory authority may cremate human remains until it has received:(1)A cremation authorization form signed by an authorizing agent and the crematory authority. The cremation authorization form shall be provided by the crematory authority and shall contain the identity of the human remains, the name of the authorizing agent and the relationship between the authorizing agent and the deceased, authorization for the crematory authority to cremate the human remains, a representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains, and the name of the person authorized to claim the cremated remains from the crematory authority;(2)A completed and executed burial permit, as provided in 34-25-24, indicating that the human remains are to be cremated; and(3)Any other documentation required by the county or municipality. Source: SL 1988, ch 283, 6.
34-26A-7. Delegation of authority of authorizing agent--Reliance on authorization form without liability.If an authorizing agent is not available to execute the cremation authorization form, he may delegate that authority to another person in writing, or, if located outside of the area, by sending the crematory authority a telegram that contains the name, address, and relationship of the sender to the deceased and the name and address of the individual to whom authority is delegated. Upon receipt of the written delegation document or a copy of this telegram, this individual may serve as the authorizing agent and execute the cremation authorization form, and the crematory authority may rely upon the cremation authorization form without liability. Source: SL 1988, ch 283, 7.
34-26A-8. Receipt upon receiving human remains--Contents--Signatures.Upon the receipt of human remains, the crematory authority shall furnish to the person who delivers the human remains a receipt signed by both the crematory authority and the person who delivers the human remains showing the date of delivery, the name of the person from whom the human remains were received and that person's employer, the name of the person who received the human remains on behalf of the crematory authority, and the name and license number of the crematory authority, and the name of the deceased. The crematory authority shall retain a copy of this receipt. Source: SL 1988, ch 283, 8.
34-26A-9. Record of cremations.A crematory authority shall retain at its place of business a record of each cremation which takes place at its facility, which record shall contain the information provided for in 34-26A-6 to 34-26A-8, inclusive, and the date the cremation and disposition of the cremated remains took place. Source: SL 1988, ch 283, 9.
34-27-10. Cemetery plats received by local registrar--Posting when burial permit issued.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.
34-27-11. Card-index records of burials maintained by local registrar--Contents.The local registrar of vital records shall provide and maintain for all burials within his district a card-index file, alphabetical by name of deceased and under cemetery name, such card-index record to be maintained on 3x5 cards, each bearing the following information: name of cemetery, burial or removal permit number, name of deceased person, date of death, date of burial, veteran or nonveteran, location of burial by cemetery section number, block, lot, and grave number, date of filing, and book and page number wherein such permit is recorded. The registrar in maintaining such card-index record, shall use a white or buff colored card for the recording of each nonveteran and a blue or cherry colored card for recording each veteran's burial, for ready reference. Source: SDC 1939, 27.0217 as added by SL 1941, ch 124, 6; SL 1945, ch 105.
34-27-12. Supervision of burial record system by Department of Health--Enforcement powers.For the purpose of locating the exact grave or burial space and the compiling and maintenance of an adequate and uniform burial-record system of the burials of all deceased persons, now located, together with all subsequent burials, within all cemeteries in the State of South Dakota, including the graves of veterans of the armed forces of the United States, including the allies, confederate veterans, and war nurses in the time of war and veterans as defined by 33A-2-1, and making available such records for reporting to the United States government under the provisions of the federal laws, respecting the erection of government headstones at the graves of such veterans or war nurses of the Army of the United States, the Department of Health shall have charge of and shall supervise the registration of all burials in each registration district, and shall prepare the necessary instructions for obtaining, preserving as a permanent record, and maintaining the registration of all burials, by the registrar of each registration district, and by all individuals, associations, churches, religious and benevolent societies, and all public or private corporations, within this state, having under their care or control any cemetery or place of burial. The said department shall be charged with the uniform and thorough enforcement of the law throughout the state and the Department of Health shall from time to time, in compliance with chapter 1-26, make such rules and regulations, not inconsistent with the laws of this state, necessary for the carrying out of such registration. Source: SL 1931, ch 267, 1; SDC 1939, 27.0201; SL 1941, ch 124, 1; SL 1945, ch 103, 1; SL 1972, ch 15, 4; SL 2011, ch 1 (Ex. Ord. 11-1), 20, eff. Apr. 12, 2011.
34-27-13. Filing by local registrars of data from graves registration survey project--Fees not receivable.The local registrar of each registration district within the state is hereby authorized to receive and file in his office as a permanent record any information or data, pertaining to burials within his registration district, compiled by the "graves registration survey project," a state-wide survey, sponsored by the South Dakota Military Department through the cooperating sponsorship of the American Legion and under the works projects administration of South Dakota, together with maps or drawings of cemeteries in such district, to the end that said registrar with the cooperation of the graves registration survey project, may use such information or data in completing and bringing up to date, burial records as to all past burials; it is the intent and purpose of this chapter that all burials and all information pertaining thereto, including those of veterans who served in the military or naval forces of the United States in the time of war and those of veterans as defined by 33A-2-1, buried within this state, be placed on record and hereafter maintained therein as a permanent record; providing such information with reference to past burials in compiled and cemetery maps drafted and presented for filing, is without additional expense to the State of South Dakota. No registrar shall receive any fee for filing or recording such compiled burial information or cemetery map or maps. Source: SDC 1939, 27.0216 as added by SL 1941, ch 124, 5; SL 2011, ch 1 (Ex. Ord. 11-1), 20, eff. Apr. 12, 2011.
34-27-14. Violation or failure to maintain records as misdemeanor.Any person, officer, agent, or employee of any other person or of any corporation or partnership who shall:(1)Refuse or fail to furnish correctly any information in his possession or shall furnish false information affecting any certificate or record required by this chapter;(2)Intentionally alter, otherwise than as provided by 34-25-51, or falsify any record required by this chapter; or(3)Being a person, firm, association, church, religious or benevolent society, or corporation, or an employee, officer, or agent thereof, owning or having under his or its control, any cemetery or place of burial, fail, neglect, or refuse to keep and maintain the record of burials as required by this chapter;is guilty of a Class 2 misdemeanor. Source: SL 1931, ch 267, 21; SDC 1939, 27.9902; SL 1941, ch 124, 8; SL 1977, ch 190, 72.
34-27-15. Duty of reinterment when cemetery removed--Punishment for omission of duty.Whenever a cemetery or other place of burial is lawfully authorized to be removed from one place to another the right and duty to disinter, remove, and rebury the remains of bodies there lying buried devolves upon the persons named in 34-26-16 and 34-26-17 in the order in which they are named, and if they all fail to act, then upon the lawful custodians of the place of burial so removed. Every omission of such duty is punishable in the same manner as omissions are made punishable by 34-26-18 to perform the duty of making burial. Source: PenC 1877, 361; CL 1887, 6562; RPenC 1903, 366; RC 1919, 3880; SDC 1939, 27.1305.
34-27-16. Liability for expense of reinterment on removal of cemetery.The expense of removal pursuant to 34-27-15 shall be paid by the person for whose benefit or upon whose complaint or petition it was made, before any order for such removal is made, with the right of such person to recover such expense from the estate of the decedent or persons legally chargeable with his burial expense if it appears that such removal was ordered as a matter of legal right instead of for the accommodation of the applicant for such order. Source: SDC 1939, 27.1305.
34-27-17. Punishment for omission to reinter when cemetery removed.Every omission of duty to disinter, remove, and rebury the remains of bodies in cemeteries or other places of burial when such removal has been lawfully authorized, is punishable in the same manner as omission to perform the duty of making burial is punished under the provisions of 34-26-18. Source: PenC 1877, 361; CL 1887, 6562; RPenC 1903, 366; RC 1919, 3880; SDC 1939, 13.1416.
34-27-18. Opening grave or breaking building with intent to remove body or coffin as misdemeanor.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;is guilty of a Class 1 misdemeanor. Source: PenC 1877, 360; CL 1887, 6561; RPenC 1903, 365; RC 1919, 3879; SDC 1939, 13.1422; SL 1977, ch 190, 73.
34-27-19. Removing dead body maliciously or with intent to sell or dissect as misdemeanor.Every person who removes all or any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same or to dissect it without authority of law, or from malice or wantonness, is guilty of a Class 1 misdemeanor. Source: PenC 1877, 358; CL 1887, 6559; RPenC 1903, 363; RC 1919, 3877; SDC 1939, 13.1418; SL 1977, ch 190, 74.
34-27-20. Receiving dead body unlawfully removed as misdemeanor.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.
34-27-21. Definition of terms.Terms used in 34-27-21 to 34-27-30, inclusive, mean:(1)"Human skeletal remains," the bones of a human being;(2)"Funerary object," any artifact or object which was intentionally placed with a deceased person, either at the time of burial or interment or at some subsequent time, and which is reasonably associated with human remains subject to 34-27-21 to 34-27-30, inclusive, or has been identified, through available evidence, as having been removed from a specific burial site in South Dakota;(3)"State archaeologist," the individual of this title employed by the South Dakota State Historical Society;(4)"Tribal group," a federally recognized Indian tribe. Source: SL 1990, ch 6, 1; SL 1991, ch 281, 1.
34-27-22. Buying, selling, or bartering human skeletal remains or funerary objects as felony.No person may knowingly buy, sell, or barter for profit human skeletal remains or associated funerary objects, previously buried within this state. A violation of this section is a Class 6 felony. Source: SL 1990, ch 6, 2.
34-27-24. Commercial display of human skeletal remains or funerary objects as felony.No person may knowingly display funerary objects or human skeletal remains previously buried in South Dakota for profit or to aid and abet a commercial enterprise. A violation of this section is a Class 6 felony. Source: SL 1990, ch 6, 4.
34-27-25. Reporting discovery of human skeletal remains--Failure to report as misdemeanor.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.
34-27-26. Disturbing human skeletal remains or funerary objects as felony.No person unless authorized by the state archaeologist may knowingly disturb or knowingly permit disturbance of human skeletal remains or funerary objects except a law enforcement officer or coroner or other official designated by law in performance of official duties. A violation of this section is a Class 6 felony. Source: SL 1990, ch 6, 6.
34-27-28. Notification to landowner and coroner--Notification to state archaeologist and tribal officials--Time limits.If a law enforcement officer has reason to believe that the skeletal remains, reported pursuant to 34-27-25, may be human, he shall promptly notify the landowner and the coroner. If the remains reported under 34-27-25 are not associated with or suspected of association with any crime, the state archaeologist shall be notified within fifteen days. The state archaeologist shall thereupon follow the procedure set out in 34-27-31, except that the skeletal remains shall be turned over to the attorney general or any state's attorney should either request the remains for further investigation. Source: SL 1990, ch 6, 8; SL 1991, ch 281, 3C.
34-27-30. Rules promulgated by State Historical Society Board of Trustees.The State Historical Society Board of Trustees shall promulgate rules pursuant to chapter 1-26:(1)To establish the persons who may be authorized by the state archaeologist to disturb human skeletal remains and funerary objects and the restrictions under which such persons shall operate; and(2)To establish procedures to be followed by the state archaeologist in the final disposition of human skeletal remains and funerary objects under 34-27-31. Source: SL 1990, ch 6, 10; SL 1991, ch 281, 3E.
34-27-31. Discovery of human remains or funerary objects by state educational institution or museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects.If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota following July 1, 1990, the institution or museum shall contact the state archaeologist within fifteen days of the find. Within a reasonable period of time from contact by the institution or museum, but not to exceed one year, the state archaeologist shall identify the remains or objects. If review by the state archaeologist demonstrates to his satisfaction that the remains or objects are not directly related to a tribal group, the state archaeologist is responsible for their final disposition after consultation with the director of the South Dakota State Historical Society. If review by the state archaeologist demonstrates to his satisfaction that there is a direct relationship of the remains or objects to a tribal group, the state archaeologist shall notify the director of the South Dakota State Historical Society and shall initiate contact with officials of that tribal group as designated by the Office of Indian Affairs. If, within one year of the first contact with the tribal group as set forth in this section, the tribal group requests return of the remains or objects, the state archaeologist shall turn over to the tribal group the remains or objects. If, within one year of the first contact with the tribal group as set forth in this section, the tribal group has not requested the return of the remains or objects, the state archaeologist is responsible for their final disposition after consultation with the director of the South Dakota State Historical Society. Source: SL 1991, ch 281, 3A; SL 2015, ch 277 (Ex. Ord. 15-1), 19, eff. Apr. 20, 2015; SL 2021, ch 7,  4.
34-27-32. Refusal to turn over remains or objects to tribal group--Appeal.Any refusal by the state archaeologist to turn over remains or objects to a tribal group after a request is made under 34-27-31 is reviewable as final agency action under chapter 1-26. Any such appeal must be filed within thirty days of written notice of the refusal to the tribal group. Source: SL 1991, ch 281, 3B.
34-27-33. Confidentiality of archaeological records pertaining to location of unmarked burials and other human remains--Exceptions.Any record maintained pursuant to 1-20-21 pertaining to the location of unmarked burials and other human remains shall remain confidential to protect the integrity of unmarked burials, human skeletal remains, and associated funerary objects. The state archaeologist may make the information from the records of such a site available to any agency of state government and any political subdivision of the state or to any tribe, which, in the opinion of the state archaeologist, may conduct activities that affect any such burial or human remains. The state archaeologist shall also make the information from the records of such a site available to the owner of the land that is such a site and may make the information available to any qualified researcher or research entity. Source: SL 2007, ch 6, 3.
34-27-5. Racial discrimination in cemetery as petty offense--Restrictive covenants void--Immunity from liability for damages.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.
34-27-6. Burial record book required of cemetery--Indexes--Ownership records--Official inspection.All copies of burial or removal permits shall be retained by the person in charge of any cemetery, or place of burial, and filed by him as a permanent record of such cemetery, and he shall forthwith make an exact copy of each burial or removal permit in a "burial record book," together with such additional information as may be prescribed by the secretary of health; such "burial record book" shall contain an alphabetical index, listing by name, all deceased persons interred or buried in the cemetery. Such cemetery burial record shall also provide a numerical or tract index, to be maintained by designating and numbering consecutively, each burial or removal permit, such permit number to be marked or noted on the individual grave space upon the cemetery plat or map, wherein such interment is or was made. Such person or cemetery officials shall also keep and maintain as a permanent record, the name and address of all grantees and a description of each cemetery subdivision, lot, or grave space, to whom such title has been conveyed or where certain areas have been reserved for special purposes. All such burial records together with the cemetery plat or map, shall at all times be open to official inspection. Source: SL 1931, ch 267, 10; SDC 1939, 27.0214; SL 1941, ch 124, 4; SDC Supp 1960, 27.0214 (2).
34-27-7. Purpose of requirements as to cemetery plats.It is the intent and purpose of 34-27-8 and 34-27-9 to require every cemetery or place of burial to be platted or mapped into subdivisions, indicating individual grave spaces, thereby providing when such plat or map is placed on file in the registrar's office, a numerical or tract index of all burials recorded and for no other purpose. Source: SDC 1939, 27.0214 (1) as added by SL 1941, ch 124, 4.
34-27-8. Subdivision and platting of cemeteries required--Filing with local registrar of vital records.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.
34-27-9. Numbering of grave spaces on cemetery plat--Designation of veterans' burials--Marking of burials.Each section, block, lot, and individual grave space in a cemetery shall be regularly numbered, such numbers to appear and be marked upon the face thereof, and the map or plat required by 34-27-8 when completed shall have designated thereon, by uniform marking appearing in the proper grave spaces, all present burials and occupied graves located within such cemetery. The graves of all veterans of the armed forces of the United States, including their allies, confederate veterans, and war nurses in the time of war, and veterans as defined by 33A-2-1, located in each cemetery shall be designated by a separate and distinct uniform mark. Thereafter it shall be the duty of such person, association, or corporation in charge of such cemetery or place of burial to regularly mark and designate upon such plat or map, the exact grave space occupied at the time of interment, by all subsequent burials, within such cemetery. Source: SDC 1939, 27.0214 (1) as added by SL 1941, ch 124, 4; SL 2011, ch 1 (Ex. Ord. 11-1), 20, eff. Apr. 12, 2011.
34-28-1. Allowing steam boiler or engine to endanger life as misdemeanor.Every engineer, or other person, having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, employed in any manufactory, railway, or other mechanical works, who negligently creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a Class 1 misdemeanor. Source: PenC 1877, 409; CL 1887, 6610; RPenC 1903, 419; RC 1919, 4127; SDC 1939, 13.1622; SL 1977, ch 190, 76.
34-28-10. Local ordinances supplemental--Conflicts.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.
34-28-3. Abandonment of air-tight refrigerator or other furniture as misdemeanor.Any person, firm, or corporation abandoning or discarding in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox, or other article having a compartment of a capacity of one and one-half cubic feet or more and having a door or lid which when closed cannot be opened easily from the inside, or who being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded article to remain in such condition is guilty of a Class 2 misdemeanor. Source: SL 1955, ch 33; SDC Supp 1960, 13.1626; SL 1977, ch 190, 78.
34-28-5. Glazing materials in buildings--Definition of terms.Terms as used in 34-28-5 to 34-28-10, inclusive, unless the context otherwise requires, mean:(1)"Bathtub enclosure," a sliding, pivoting, or hinged door and fixed panels which are glazed or to be glazed and used to form a barrier between the bathtub and the rest of the room area;(2)"Commercial buildings," buildings such as wholesale and retail stores and storerooms, and office buildings;(3)"Commercial entrance and exit door," a hinged, pivoting, revolving, or sliding door which is glazed or to be glazed and used alone or in combination with other doors (other than doors covered by subdivision (15) of this section), on interior or exterior walls of a commercial, public, or industrial building as a means of passage, ingress, or egress;(4)"Fixed flat glazed panels immediately adjacent to entrance or exit doors," the first fixed flat glazed panel on either or both sides of interior or exterior doors, exclusive of glass lights located not less than eighteen inches above the adjacent finished floor walking surface, forty-eight inches or less in width, the nearest vertical edge of which is located within four feet horizontally of the nearest vertical edge of the door;(5)"Glazed," the accomplished act of glazing;(6)"Glazing," the act of installing and securing glass or other glazing material into prepared openings in structural elements such as doors, enclosures, and panels;(7)"Hazardous locations," those structural elements, glazed or to be glazed, in residential buildings and other structures used as dwellings, commercial buildings, industrial buildings, and public buildings, known as interior and exterior commercial entrance and exit doors and the immediately adjacent flat fixed glazed panels, sliding glass door units including the fixed glazed panels which are part of such units, storm or combination doors, shower and bathtub enclosures, primary residential entrance and exit doors and the fixed or operable adjacent sidelights, whether or not the glazing in such doors, panels and enclosures is transparent, excluding glass lights when the largest dimension is no greater than eighteen inches;(8)"Industrial buildings," buildings such as factories;(9)"Other structures used as dwellings," buildings such as mobile homes, manufactured or industrialized housing and lodging homes;(10)"Primary residential entrance and exit door," a door (other than doors covered by subdivision (15) of this section) which is glazed or to be glazed and used in an exterior wall of a residential building and other structures used as dwellings, as a means of ingress or egress;(11)"Public buildings," buildings such as hotels, hospitals, motels, dormitories, sanitariums, nursing homes, theaters, stadiums, gymnasiums, amusement park buildings, schools, and other buildings used for educational purposes, museums, restaurants, bars, correctional institutions, places of worship, and other buildings of public assembly;(12)"Residential buildings," buildings such as homes and apartments used as dwellings for one or more families or persons;(13)"Safety glazing material," any glazing material, such as tempered glass, laminated glass, wire glass, or rigid plastic, which meets the test requirements of the American National Standards Institute Standard Z-97.1-1972, and which are so constructed, treated, or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material;(14)"Shower enclosure," a hinged, pivoting, or sliding door and fixed panels which are glazed or to be glazed and used to form a barrier between the shower stall and the rest of the room area; (15)"Sliding glass door units," an assembly of glazed or to be glazed panels contained in an overall frame, installed in residential buildings and other structures used as dwellings, commercial, industrial, or public buildings, and so designed that one or more of the panels is movable in a horizontal direction to produce or close off an opening for use as a means of passage, ingress, or egress;(16)"Storm or combination door," a door which is glazed or to be glazed, and used in tandem with a primary residential or commercial entrance and exit door to protect the primary residential or commercial entrance or exit door against weather elements and to improve indoor climate control. Source: SL 1973, ch 232, 1.
34-28-6. Labeling of safety glass--Contents--Visibility--Use prohibited on other materials--Violation as petty offense.Each lite of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations, or installed in such a location within the State of South Dakota shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material, hot-die stamping, transparent pressure sensitive labels, or by other suitable means. The label shall identify the seller, whether manufacturer, fabricator, or installer, the nominal thickness and the type of safety glazing material, and the fact that said material meets the test requirements of the American National Standards Institute Standard Z-97.1-1972. The label must be legible and visible after installation. Such safety glazing labeling shall not be used on other than safety glazing materials. A violation of this section is a petty offense. Source: SL 1973, ch 232, 2; SL 1977, ch 190, 80.
34-28-7. Safety glass required in hazardous locations.It is a Class 2 misdemeanor within the State of South Dakota to knowingly install, cause to be installed, or consent to installation of glazing materials other than safety glazing materials in any hazardous location. Source: SL 1973, ch 232, 3; SL 1977, ch 190, 81.
34-28-9. Employees exempt from liability.No liability under 34-28-6 or 34-28-7 shall be created as to workmen who are employees of a material supplier, contractor, subcontractor, or other employer responsible for compliance with said sections. Source: SL 1973, ch 232, 4.
34-29A-1. Definition of terms.Terms as used in this chapter, unless the context otherwise requires, mean:(1)"Boiler," a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum, for use externally to itself by the direct application of heat from the combustion of fuels, or from electricity, nuclear or solar energy. The term "boiler" includes fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term "boiler" includes the apparatus by which heat is generated and all controls and safety devices associated with such apparatus or the closed vessel;(2)"Certificate inspection," an inspection, the report of which is used by the chief inspector to decide whether or not a certificate as provided by 34-29A-39 may be issued. This certificate inspection shall be an internal inspection when required; otherwise, it shall be as complete an inspection as possible;(3)"Heating boiler," a steam or vapor boiler operating at pressures not exceeding fifteen psig, or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees F;(4)"High pressure, high temperature water boiler," a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees F;(5)"Historic power boiler," a standard or nonstandard power boiler, including free-lance and scale models, owned by publicly operated museums, nonprofit organizations and individuals who preserve, maintain, exhibit, and only occasionally operate these boilers on a not-for-profit basis and for the primary purpose of perpetuating the agricultural and pioneer heritage of South Dakota;(6)"Hot water supply boiler (water heater)," a boiler of either instantaneous or storage type, furnishing hot water to be used externally to itself;(7)"Power boiler," a boiler in which steam or other vapor is generated at a pressure of more than fifteen psig;(8)"Secondhand boiler," a boiler for which both location and ownership have changed since initial installation. Source: SL 1973, ch 229, 1; SL 1978, ch 257, 1; SL 1982, ch 18, 34; SL 1989, ch 300, 1, 4.
34-29A-10. Replacement of lost or destroyed commission.If a commission is lost or destroyed, a new commission shall be issued in its place without another examination. Source: SL 1973, ch 229, 13.
34-29A-11. Hearing on qualifications of special inspector--Revocation of commission.If the chief inspector has reason to believe that a special inspector is no longer qualified to hold his commission, the Department of Public Safety shall, upon not less than ten days' written notice to the inspector and his employer, hold a hearing at which such inspector and his employer shall have an opportunity to be heard. If, as a result of such hearing, the Department of Public Safety shall find that such inspector is no longer qualified to hold his commission, the Department of Public Safety shall thereupon revoke such commission forthwith. Source: SL 1973, ch 229, 12; SL 1982, ch 18, 41; SL 2003, ch 272, 20, 121.
34-29A-12. Suspension of special inspector's commission--Grounds--Notice--Appeal.A special inspector's commission may be suspended by the Department of Public Safety after due investigation and recommendation by the chief inspector, for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his application or in a report of any inspection made by him. Written notice of any such suspension shall be given by the Department of Public Safety within not more than ten days thereof to the inspector and his employer. A person whose commission has been suspended shall be entitled to an appeal to the secretary of public safety as provided in 34-29A-48 and to be present in person or to be represented by counsel at the hearing of the appeal. Source: SL 1973, ch 229, 12; SL 1982, ch 18, 42; SL 2003, ch 272, 20, 121.
34-29A-13. Reinstatement of suspended commission.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.
34-29A-14.1. Rules and regulations for inspection of historic power boilers.The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26, to provide for the inspection of those historic power boilers otherwise exempt from the provisions of this chapter by 34-29A-14. The rules shall provide for the inspection of such boilers and for a check of the boiler's safety devices. The rules shall also establish an inspection fee for a historic power boiler inspection. The rules may provide for reporting requirements, inspection reports, repair standards, notification of repair and other administrative procedures necessary to implement this section. The operation of a historic power boiler without complying with the rules promulgated pursuant to this section, by the owner, user or operator of the boiler is a Class 2 misdemeanor. Each day of operation in violation of this section is a separate offense. Source: SL 1989, ch 300, 5; SL 2003, ch 272, 20, 121.
34-29A-14.2. Inspectors of historic power boilers.The Department of Public Safety may appoint inspectors to assist in the inspection of historic power boilers as provided by 34-29A-14.1. The department shall promulgate rules, pursuant to chapter 1-26, to establish the qualifications and to provide for the examination of these appointed inspectors. Source: SL 1989, ch 300, 6; SL 2003, ch 272, 20, 121.
34-29A-14. Boilers exempt from application of chapter.This chapter does not apply to the following boilers:(1)Boilers under federal control;(2)Boilers located on farms if the farm is not regularly open to the general public and the boiler is used solely for agricultural or horticultural purposes;(3)Heating boilers which are located in private residences or in apartment houses of less than six family units;(4)Hot water supply boilers equipped with ASME-National Board approved safety relief valves which are directly fired with combustible fuel, electricity, or solar energy when none of the following limitations is exceeded:(a)Heat input of two hundred thousand BTU per hour;(b)Water temperature of two hundred ten degrees F;(c)Nominal water capacity of one hundred twenty gallons;(5)Boilers located in a refinery;(6)Boilers used as part of an electrical generating plant;(7)Historic power boilers as defined by 34-29A-1. However, each boiler shall comply with rules promulgated under the provisions of 34-29A-14.1. Source: SL 1973, ch 229, 6; SL 1982, ch 18, 43; SL 1989, ch 300, 3.
34-29A-16. Program of boiler inspection established by department--Rules.The Department of Public Safety shall establish a program of boiler inspection for safety and uniformity in the use of boilers. The secretary of public safety may adopt reasonable and necessary rules to protect the health or safety of persons from boiler explosions and like emergencies. Such rules shall be in conformity with the standards set forth by the American Society of Mechanical Engineers (ASME) "ASME Boiler and Pressure Vessel Code" and the National Board of Boiler and Pressure Vessel Inspectors "Inspection Code." Such rules may be adopted in the following areas:(1)Public initiation procedure;(2)Boiler manufacturers' and boiler owners' reporting requirements;(3)Notification requirements for operation and removal;(4)Controls and safety devices;(5)Inspection and reports;(6)Repair standards and notification of repair;(7)Boiler placement.The rules shall be promulgated in accordance with chapter 1-26. Source: SL 1973, ch 229, 3 (1); SL 1982, ch 18, 45; SL 1989, ch 300, 2; SL 2003, ch 272, 20, 121.
34-29A-2. Inspectors within department.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.
34-29A-22. Maximum allowable pressure of boilers--Computation.The maximum allowable pressure of a boiler carrying the ASME code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped.The maximum allowable pressure of a boiler which does not carry the ASME code symbol shall be computed by formula stated in rules. Source: SL 1973, ch 229, 5; SL 1982, ch 18, 50.
34-29A-23. Reuse of existing boilers.This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler referred to in 34-29A-22 provided it has been made to conform to the rules and regulations of the Department of Public Safety governing existing installations and provided, further, it has not been found upon inspection to be in an unsafe condition. Source: SL 1973, ch 229, 5; SL 1982, ch 18, 51; SL 2003, ch 272, 20, 121.
34-29A-24. New boilers to conform to rules--Special installation and operation certificate.No boiler which does not conform to the rules and regulations of the Department of Public Safety governing new construction and installation may be installed and operated in this state after June 30, 1974, unless the boiler is of special design or construction, and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operation certificate may at its discretion be granted by the Department of Public Safety. Source: SL 1973, ch 229, 4; SL 1982, ch 18, 52; SL 2003, ch 272, 20, 121.
34-29A-25. Certificate required to operate boiler--Unauthorized operation as misdemeanor--Each day as separate offense.No person, firm, partnership, limited liability company, or corporation may operate in this state a boiler without a valid operation certificate. The operation of a boiler without the operation certificate, or at a pressure exceeding that specified in the operation certificate, by the owner, user, or operator of the boiler is a Class 1 misdemeanor. Each day of operation in violation of this section is a separate offense. Source: SL 1973, ch 229, 16; SL 1977, ch 190, 83; SL 1982, ch 18, 53; SL 1994, ch 351, 64; SL 1996, ch 216, 2.
34-29A-26. Inspections required for operating boilers--Frequency of inspection.Each boiler used or proposed to be used within this state, except boilers exempt under 34-29A-14, shall be thoroughly inspected as to their construction, installation and condition as follows:(1)Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits, otherwise it shall be as complete an inspection as possible. Such boilers shall also be externally inspected annually while under pressure;(2)Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction will permit;(3)Hot water heating and hot water supply boilers shall receive a certification inspection biennially with an internal inspection at the discretion of the inspector;(4)Boilers and pressure vessels which are a part of a nuclear installation shall be inspected and reported in such form and with such appropriate information as the Department of Public Safety shall designate.A grace period of two months beyond the periods specified in subdivisions (1), (2), and (3) of this section may elapse between certificate inspections. The chief inspector may, at his discretion, permit longer periods between certificate inspections. Source: SL 1973, ch 229, 14; SL 1978, ch 257, 3; SL 1982, ch 18, 54; SL 2003, ch 272, 20, 121.
34-29A-27. Inspection of new boilers during construction--Construction outside state for use within state.All boilers, other than cast iron sectional boilers, installed in this state after June 30, 1974, shall be inspected during construction as required by the applicable rules and regulations of the Department of Public Safety by an inspector authorized to inspect boilers in this state, or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors. Source: SL 1973, ch 229, 14; SL 2003, ch 272, 20, 121.
34-29A-28. Persons authorized to make inspections.The inspections required in this chapter shall be made by the chief inspector, by a deputy inspector, or by a special inspector provided for in this chapter. Source: SL 1973, ch 229, 14.
34-29A-29. State inspectors' access to premises for inspection during construction.The Department of Public Safety, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the state where a boiler is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler is being constructed and installed in accordance with the provisions of this chapter. Source: SL 1973, ch 229, 14; SL 2003, ch 272, 20, 121.
34-29A-3. Qualifications and appointment of chief inspector.At any time that the office of the chief inspector may become vacant, the secretary of public safety shall appoint a person who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector, and who shall have passed the same kind of examination as that prescribed under 34-29A-9, to be chief inspector. This examination may be waived by the secretary of public safety for a period of twelve months. Source: SL 1973, ch 229, 7; SL 1982,ch 18, 35; SL 2003, ch 272, 20, 121.
34-29A-32. Variations in inspection requirements for operating equipment.Based upon documentation of actual service conditions by the owner or user of the operating equipment, the chief inspector in his discretion, may permit variations in the inspection requirements for operating equipment. Source: SL 1973, ch 229, 14.
34-29A-33. Hydrostatic tests of operating equipment.If, at the discretion of the inspector, a hydrostatic test of operating equipment shall be deemed necessary, it shall be made by the owner or user of the boiler. Source: SL 1973, ch 229, 14.
34-29A-34. Secretary or designee to issue, suspend or revoke certificates.The secretary of public safety, or his designee, shall issue, or suspend or revoke for cause, operation certificates as provided for in 34-29A-39 to 34-29A-43, inclusive. Source: SL 1973, ch 229, 8 (4); SL 1982, ch 18, 57; SL 2003, ch 272, 20, 121.
34-29A-35.1. Inspection fees. The owner or user of a boiler required by this chapter to be inspected by the chief inspector, or a deputy inspector, shall pay directly to the State of South Dakota through the Office of the State Fire Marshal, upon completion of the inspection, fees in accordance with the following schedule:(1)Power boilers and high pressure, high temperature water boilers:Certificate InspectionsBoilers of 50 sq. ft. of heating surface or less $30.00Boilers over 50 sq. ft. of heating surface andless than 4,000 sq. ft. of heating surface 40.00Boilers of 4,000 sq. ft. of heating surface or moreand less than 10,000 sq. ft of heating surface 50.00Boilers of 10,000 sq. ft. of heating surface or more 60.00External InspectionsBoilers of 50 sq. ft. of heating surface or less 15.00Boilers over 50 sq. ft. of heating surface 25.00(2)Heating boilers:Certificate InspectionsHeating boilers without a manhole 20.00Heating boilers with a manhole 30.00Hot water supply boilers 10.00(3)All owners, users, or insurers of qualified boilers shall pay an annual operation certificate fee if the boiler is inspected by a state inspector or a special inspector.Operation certificate 30.00In addition to the operation certificate fee required in this section, and, except as provided for in 34-29A-36 and 34-29A-37, no owner, user, or insurer of a boiler which is subject to inspection by the Department of Public Safety may be required to pay more than one certificate inspection fee and one external inspection fee, per boiler, in a twelve-month period. Source: SL 1982, ch 18, 58; SL 1991, ch 282, 2; SL 1996, ch 216, 3; SL 2003, ch 272, 20, 121; SL 2006, ch 184, 1; SL 2021, ch 155,  1.
34-29A-36. Additional fee for reinspection trip.If it is necessary for the chief inspector or his deputy inspector to make a reinspection trip to witness the application of a hydrostatic test due to deficiencies noted in a previous inspection, an additional fee based on the scale of fees applicable to a certificate inspection of the boiler shall be charged. Source: SL 1973, ch 229, 17 (3); SL 1982, ch 18, 59.
34-29A-37. Daily rates charged for other inspections.All other inspections, including shop inspections, special inspections, and inspections of secondhand or used boilers made by the chief or deputy inspector shall be charged for at the rate of not less than ninety dollars for one-half day of four hours, and one hundred fifty dollars for one full day of eight hours, plus all expenses, including traveling and hotel. "Secondhand" means an object which has changed ownership and location after primary use. Source: SL 1973, ch 229, 17 (4); SL 1982, ch 18, 60.
34-29A-38. Inspection reports by special inspectors.Each company employing special inspectors meeting the requirements of 34-29A-6 shall, within thirty days following each certificate inspection made by the inspectors, file a report of the inspection with the Office of the State Fire Marshal upon appropriate forms as promulgated by the National Board of Boiler and Pressure Vessel Inspectors. The filing of reports of external inspections, except for certificate inspections, may not be required unless the inspections disclose that the boiler is in a dangerous condition. Source: SL 1973, ch 229, 15; SL 1982, ch 18, 61; SL 1996, ch 216, 4.
34-29A-39. Certificate issued on special inspector's report.If the report filed pursuant to 34-29A-38 shows that a boiler is found to comply with the rules and regulations of the Department of Public Safety, the chief inspector or his duly authorized representative, shall issue to such owner or user an operation certificate bearing the date of inspection and specifying the maximum pressure under which the boiler may be operated. Source: SL 1973, ch 229, 15; SL 1978, ch 257, 4; SL 1982, ch 18, 62; SL 2003, ch 272, 20, 121.
34-29A-4. Qualifications and employment of deputy inspectors.The Department of Public Safety may employ deputy inspectors who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector, and who shall have passed the examination provided for in 34-29A-9. This examination may be waived by the secretary of public safety for a period of twelve months. Source: SL 1973, ch 229, 9; SL 1982, ch 18, 36; SL 1996, ch 216, 1; SL 2003, ch 272, 20, 121.
34-29A-40. Posting of certificates.Certificates shall be posted under glass in the room containing the boiler inspected. If the boiler is not located within the building, the certificate shall be posted in a location convenient to the boiler inspected, or in any place where it will be accessible to interested parties. Source: SL 1973, ch 229, 15.
34-29A-41. Certificate issued on special inspector's report invalid after termination of insurance.No operation certificate issued for an insured boiler based upon a report of a special inspector is valid after the boiler for which it was issued ceases to be insured by a company duly authorized by this state to provide such insurance. Source: SL 1973, ch 229, 15; SL 1982, ch 18, 63.
34-29A-42. Duration of certificates issued on special inspector's reports.An operation certificate issued pursuant to 34-29A-39 is valid for not more than fourteen months from its date in the case of power boilers and high pressure, high temperature water boilers and twenty-six months in the case of heating boilers and hot water supply boilers. In the case of those boilers covered by subdivisions 34-29A-26(1), (2), and (3), for which the chief inspector has established or extended the operating period between required inspections, the certificate is valid for a period not more than two months beyond the period set by the chief inspector. Source: SL 1973, ch 229, 15; SL 1978, ch 257, 5; SL 1982, ch 18, 64.
34-29A-43. Suspension of certificate for unsafe or noncomplying boiler--Duration of suspension.The Department of Public Safety or its authorized representative may at any time suspend an operation certificate when, in its opinion, the boiler for which it was issued, cannot be operated without menace to the public safety, or when the boiler is found not to comply with the rules and regulations herein provided. Each suspension of an operation certificate shall continue in effect until such boiler is made to conform to the rules and regulations of the Department of Public Safety, and until the operation certificate is reinstated. Source: SL 1973, ch 229, 15; SL 1982, ch 18, 65; SL 2003, ch 272, 20, 121.
34-29A-46.1. Operating boilers--Notification requirements.The owner or installing contractor of a boiler operating in the state subject to this chapter shall notify the Office of the State Fire Marshal of its location and operating pressure. The notification for new boilers shall be given prior to the commencement of operation, and for existing boilers the notification shall be given on or before January 1, 1997. The Department of Public Safety shall adopt rules and forms for implementing this section pursuant to chapter 1-26. A violation of this section is a Class 2 misdemeanor. Source: SL 1996, ch 216, 5; SL 2003, ch 272, 20, 121.
34-29A-46. Record of boilers and inspections.The secretary of public safety, or his designee, shall keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and date of the last recorded inspection of all boilers to which this chapter applies. Source: SL 1973, ch 229, 8 (2); SL 1982, ch 18, 68; SL 2003, ch 272, 20, 121.
34-29A-47. Enforcement actions.The secretary of public safety, or his designee, shall take action necessary for the enforcement of the laws of the state governing the use of boilers to which this chapter applies and of the rules and regulations of the Department of Public Safety. Source: SL 1973, ch 229, 8 (1); SL 1982, ch 18, 69; SL 2003, ch 272, 20, 121.
34-29A-48. Appeals from inspectors--Order approving or disapproving inspector's act.Any person aggrieved by an order or an act of the chief inspector or his deputies, under this chapter may, within fifteen days' notice thereof, appeal from such order or act to the secretary of public safety who shall, within thirty days thereafter, issue an appropriate order either approving or disapproving order or act. A copy of such order by the secretary of public safety shall be given to all interested parties. Source: SL 1973, ch 229, 19; SL 2003, ch 272, 20, 121.
34-29A-49. Judicial review of order--Summary hearing.Within thirty days after any order or act of the secretary of public safety, any person aggrieved thereby may file a petition in the circuit court for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree. Source: SL 1973, ch 229, 19; SL 2003, ch 272, 20, 121.
34-29A-50. Prosecution of violators.The secretary of public safety, or his designee, shall cause the prosecution of all violators of the provisions of this chapter. Source: SL 1973, ch 229, 8 (5); SL 1982, ch 18, 70; SL 2003, ch 272, 20, 121.
34-29A-51. Deposit of fees in boiler inspection fund.The secretary of public safety, or his designee, shall deposit all fees received pursuant to 34-29A-35.1 to 34-29A-37, inclusive, to the treasurer of the state for deposit into the boiler inspection fund. Source: SL 1973, ch 229, 17; SL 1982, ch 18, 71; SL 1989, ch 48, 7; SL 2003, ch 272, 20, 121.
34-29A-52. Expenditure of funds--Expenses included.The chief inspector and his deputies shall be reimbursed for the travel expense incident to the maintenance of his office pursuant to 3-9-2. Source: SL 1973, ch 229, 8(6); SL 1982, ch 18, 72; SL 1986, ch 27, 26.
34-29A-53. Municipal ordinances not to be less restrictive--Conflicting ordinances void.No municipality or other governmental subdivision may make any laws, ordinances, or resolutions providing for the construction, installation, inspection, operation, maintenance, and repair of boilers within the limits of such municipality or governmental subdivision which are less restrictive than this chapter. Any such laws, ordinances, or resolutions, whenever made or passed, are void. Source: SL 1973, ch 229, 21; SL 1982, ch 18, 73; SL 1992, ch 60, 2.
34-29A-6. Commissions issued to special inspectors employed by insurance companies--Examination or previous certification required.In addition to the deputy boiler inspectors authorized by 34-29A-4, the Department of Public Safety shall, upon the request of any company licensed to insure and insuring in this state boilers, issue to any inspectors of said company commissions as special inspectors, provided that each inspector before receiving his commission shall satisfactorily pass the examination provided for by 34-29A-9, or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers for a state that has a standard of examination substantially equal to that of the State of South Dakota or a commission as an inspector of boilers issued by the National Board of Boiler and Pressure Vessel Inspectors. Each special inspector commission issued by the department shall, unless revoked, remain effective for a period of three years. The department shall issue a new commission as special inspector upon the request of companies specified in this section. Special inspectors are not required to pass the examination provided for by 34-29A-9 more than once. Source: SL 1973, ch 229, 10; SL 1982, ch 18, 38; SL 2003, ch 272, 20, 121.
34-29A-7. Insured boilers inspected by special inspectors--Exemption from state fees except boiler annual operation certificate.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.
34-29A-8.1. Inspection--Liability. 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.
34-29A-8. Special inspectors not paid by state--Commission conditioned on continuing employment.Special inspectors issued commissions pursuant to 34-29A-6 shall receive no salary from, nor shall any of their expenses be paid by, the state, and the continuance of a special inspector's commission shall be conditioned upon his continuing in the employ of the boiler insurance company duly authorized as aforesaid and upon his maintenance of the standards imposed by this chapter. Source: SL 1973, ch 229, 10.
34-29A-9. Examinations for inspectors--Scope--Second examination on appeal--Records available to applicant and employer.Examination for chief, deputy, or special inspectors shall be in writing and shall be under the direction of the Department of Public Safety. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service, and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant for an inspector's commission fails to pass the examination, he may appeal to the Department of Public Safety for another examination which shall be given within ninety days. The record of an applicant's examination shall be accessible to the applicant and his employer. Source: SL 1973, ch 229, 11; SL 1982, ch 18, 40; SL 2003, ch 272, 20, 121.
34-29B-1. Definition of terms.Terms as used in this chapter mean:(1)"Alternative," a system, condition, arrangement, material, or equipment submitted to the fire marshal as a substitute for a code requirement;(2)"Approval," to sanction officially by signature or certificate;(3)"Approved," acceptable to the authority having jurisdiction;(4)"Certificate," a written document issued by authority of the fire marshal to any person for the purpose of granting permission to that person to conduct or engage in any operation or act for which certification is required;(5)"Department," Department of Public Safety;(6)Deleted by SL 2004, ch 17, 209;(7)"Fire hazard," any situation, process, material, or condition that, on the basis of applicable data, may cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion and that poses a threat to life or property;(8)"Fire official," any authorized person serving as an employee, representative, or agent, of a certified fire department or state fire marshal;(9)"Inspection," a close and critical examination;(10)"Inspector," a person who examines buildings, equipment, and processes for the purpose of affecting proper conditions with reference to fire and life safety;(11)"Investigation," the act of investigating fires to determine the cause and circumstances of the origin of the fire;(12)"Premises," a tract of land with structures or other appurtenances thereon;(13)"Standard," substantially uniform, well established and widely recognized as acceptable and authoritative procedure or procedure as adopted in rule by the division;(14)"State fire marshal," the individual designated in this chapter, who is responsible for the administration and enforcement of this chapter. For the purpose of enforcement of this chapter, this term also applies to any person who is a representative of the fire marshal;(15)"Structure," is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner;(16)"Summarily abate," to immediately judge a condition to be a fire hazard to life or property and to order immediate correction of such condition;(17)"Vehicle," every device in, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks; including bicycles and ridden animals;(18)"Vessel," every type of water craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;(19)"Written notice," a notification in writing delivered in person to the individual or parties intended, or delivered at, or sent by first class, certified or registered mail to, the last residential or business address of legal record. Source: SL 1991, ch 283, 1; SL 2003, ch 272, 23; SL 2004, ch 17, 209.
34-29B-10. Periodic inspection of premises--Orders to enforce laws and regulations--Penalties.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.
34-29B-11.1. Fire marshal may prohibit or restrict open burning.The state fire marshal, after consultation with the Governor and the affected board of county commissioners, may prohibit or restrict open burning within a county in order to protect the public health and safety. This section does not limit or affect the laws of this state relating to the authority of counties or other local entities to prohibit or restrict open burning. Source: SL 2001, ch 187, 1.
34-29B-11. Fire marshal empowered to abate immediate fire hazards.The state fire marshal may summarily abate any condition that is in violation of any provision of this chapter that presents immediate fire hazard to life or property. Source: SL 1991, ch 283, 11.
34-29B-12. Review of fire marshal's actions--Appeal.Any person aggrieved by any action or decision of the state fire marshal pursuant to this chapter may seek review of such action or decision by the secretary of public safety pursuant to the contested case provisions of chapter 1-26. The decision of the secretary of public safety may be appealed to the circuit court in the manner provided by chapter 1-26. Source: SL 1991, ch 283, 13; SL 2003, ch 272, 23.
34-29B-13. Injunction for violation of chapter.The state fire marshal may commence actions for injunction for violation of this chapter or regulations promulgated pursuant to this chapter. Source: SL 1991, ch 283, 14.
34-29B-14. Violation of fire marshal's order as misdemeanor--Evidence.It is a Class 1 misdemeanor for any person to permit or maintain any situation, circumstances, or condition which is in violation of any order of the state fire marshal. It is also a Class 1 misdemeanor to disobey any provision of the order or to fail to comply with any written variation authorized by the state fire marshal. Proof of such unlawful condition or proof of the failure to obey such order is prima facie evidence that such act is that of the owner or other person in control of the premises. Source: SL 1991, ch 283, 15.
34-29B-15. Application for alternative--Documentation--Records--Deadline for denial of application.Each application for an alternative shall be filed with the state fire marshal and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as may be required to justify the request. The state fire marshal shall keep a record of actions of such applications and a signed copy of the state fire marshal's decision shall be provided for the applicant. The state fire marshal may grant or deny any properly filed application; but if the state fire marshal does not deny an application within twenty days of its filing, the alternative shall be deemed granted. Source: SL 1991, ch 283, 16; SL 1992, ch 250.
34-29B-16. Notice of violation.Except as provided in this chapter, if the state fire marshal finds violations of this chapter, a written notice shall be issued to confirm such findings. The notice shall set forth a time limit for compliance, which limit shall be correlated to the degree of hazard created by the violation and availability of means of abatement. Source: SL 1991, ch 283, 17.
34-29B-17. Service of order or notice.Any order or notice issued pursuant to this chapter may be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, first class mail, registered or certified mail. For unattended or abandoned locations, a copy of the order or notice shall be posted on the premises in a conspicuous place at or near the entrance to the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address for the owner, occupant, or both, or any person shown by public record to have a possessory interest. Source: SL 1991, ch 283, 18.
34-29B-18. Revocation, suspension, or denial of approval.The state fire marshal may revoke, suspend, or deny the granting of any approval required by this chapter or regulation, for noncompliance with the provisions of such or failure to meet the provisions of this chapter. Source: SL 1991, ch 283, 19.
34-29B-19. Fire Marshal's Advisory Board--Members appointed by governor.A State Fire Marshal's Advisory Board is hereby established consisting of five members who shall be appointed by the Governor. Not all the members may be of the same political party. The Governor shall attempt to appoint individual members to represent the firefighters, fire equipment industry, and the fire insurance underwriters. Source: SL 1991, ch 283, 20.
34-29B-2. Program for prevention, investigation, training, and education--Promulgation of rules.The State Fire Marshal shall establish a program of fire prevention, fire investigation, fire training, and public fire education. The secretary of public safety may promulgate rules, pursuant to chapter 1-26, to protect the health or safety of persons from fire and like emergencies, based on codes and standards set forth by the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards except such portions as are deleted, modified, or amended, unless the secretary finds that the strict application of the code is impractical and that the modification is in conformity with the intent and purpose of the code or standards. The rules may be adopted in the following areas:(1)The prevention of fires including:(a)Fire safety regulations governing buildings used by the general public with the exception of health care facilities inspected by the Department of Health;(b)Fire safety regulations governing lodging and eating establishments;(c)Fire safety regulations governing multifamily residences housing six or more families. However, if a municipality has adopted regulations regarding multifamily residences that are in conformity with this chapter, those regulations are the applicable regulations;(d)Fire safety regulations governing publicly owned buildings;(e)Fire safety regulations governing detention or correctional facilities, regardless of ownership; and(f)Fire safety regulations governing day care facilities;(2)The manufacture, transportation, storage, sale, and use of combustible or flammable liquids or liquefied petroleum gases;(3)The means and adequacy of exit in case of fire;(4)The investigation of the cause, origin, and circumstances of fires and explosions;(5)The maintenance of fire cause and loss records;(6)The maintenance of a record of fire prevention inspections;(7)A program of fire service training and public fire education;(8)The review and approval of plans and specifications to determine compliance with applicable fire codes and statutes as it pertains to facilities dealing with combustible or flammable liquids and or liquid petroleum gases; and(9)The abatement of unsafe buildings or structures regulated by this chapter which constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, or abandonment. Source: SL 1991, ch 283, 2; SL 2004, ch 17, 210; SL 2006, ch 185, 1; SL 2010, ch 177, 1; SL 2016, ch 181, 2.
34-29B-20. Board member's term of office--Removal.The term of office for members of the advisory board shall be four years. Any member is subject to removal by the Governor at any time for neglect of his duties or for other cause which in the opinion of the Governor makes his continued membership unwise in the public interest. The terms of members who are first appointed after January 1, 1992, shall be: two appointed for a term of one year; two appointed for a term of two years; and one for a term of four years. Such initial terms shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of term. Source: SL 1991, ch 283, 21.
34-29B-21. Secretary of public safety as ex-officio chairman of board.The secretary of public safety shall be ex-officio chairman of the fire marshal's advisory board. Source: SL 1991, ch 283, 22; SL 2003, ch 272, 23.
34-29B-22. Board to assist State Fire Marshal.The board shall advise, aid, and assist the State Fire Marshal in the performance of the duties and functions described in the chapter as directed by the secretary. Source: SL 1991, ch 283, 23; SL 2004, ch 17, 211.
34-29B-23. Meetings of board--Time and place set by secretary of public safety.The state fire marshal's advisory board shall meet whenever directed by the secretary of public safety. The secretary shall give notice to the members setting forth the time and place of the meeting. Source: SL 1991, ch 283, 24; SL 2003, ch 272, 23.
34-29B-24. Effect of adoption of this chapter or repeal of other provisions on time limits imposed by existing laws.The adoption of this chapter or the repeal of any other existing provision of law including regulations or orders may not be construed to alter any time limit that may have been imposed by any existing law, regulation, or order of the state fire marshal relating to compliance with such limits. Source: SL 1991, ch 283, 25.
34-29B-25. Standards of municipal regulations--More stringent requirements not prohibited.Regulations adopted by municipalities under the provisions of chapter 9-33 shall be at least equal to the standards adopted by the State Fire Marshal. Any municipality may by reference adopt such standards from time to time and enforce such regulations as their own. Nothing in this chapter or rules adopted pursuant to this chapter prohibits any political subdivision of the state from making and enforcing more stringent requirements than those set forth in this chapter or rules adopted pursuant to this chapter. Source: SL 1991, ch 283, 26; SL 2004, ch 17, 212.
34-29B-26. Effect of chapter on local zoning ordinances--Regulation of flammable or combustible liquid bulk plants.Nothing in this chapter or in the rules pursuant thereto may be construed to affect the power of any local government, if so authorized by law, to regulate the use of land by zoning, and any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquid bulk plants within areas which are predominantly residential and areas used predominantly for retail mercantile purposes. Source: SL 1991, ch 283, 74; SL 1992, ch 60, 2.
34-29B-27. Municipal regulation of tank vehicles--Load and capacity of vehicles.Nothing in this chapter may be construed to mean that a governing body of a first or second class municipality may not regulate movement of tank vehicles to specific routes and streets. Load and capacity of tank vehicles shall be governed by the uniform motor vehicle and traffic laws of South Dakota and local regulation as therein authorized. Source: SL 1991, ch 283, 75; SL 1992, ch 60, 2.
34-29B-3. State fire marshal--Appointment and approval--Deputies.The state fire marshal shall administer and enforce this chapter. The state fire marshal shall be appointed by the department secretary with the approval of the Governor and serve at the pleasure of the Governor and shall operate under the supervision of the secretary of public safety. The state fire marshal may designate a chief deputy and such deputy fire marshals as may be authorized. Source: SL 1991, ch 283, 3; SL 2003, ch 272, 23.
34-29B-4. Inspection--Permission or warrant required--Credentials.Any fire official engaged in fire prevention and inspection work may at all reasonable times enter and examine any building, structure, vessel, vehicle, or premises for the purpose of making fire safety inspections. The fire official shall first obtain the consent of the occupant thereof or obtain an inspection warrant pursuant to chapter 34-43 except in those instances where an emergency exists. As used in this section, "emergency" means circumstances which a fire official has reason to believe exist, which may constitute immediate danger to life and property.Any fire official authorized to enter and inspect buildings, structures, vessels, vehicles, or premises shall be identified by proper credentials issued by a governmental jurisdiction or the state fire marshal. Source: SL 1991, ch 283, 4.
34-29B-5. Powers of fire official at the scene of a fire.Any fire official in charge at the immediate scene of a fire involving the protection of life or property or both, may direct the operation to extinguish or control any fire and investigate the existence of suspected or reported fires. In the exercise of such power, such fire official may prohibit any person, vehicle, or vessel from approaching the fire scene and may remove or cause to be removed or kept away from the scene any person, vehicle or vessel which may impede or interfere with the operations of the fire official. Source: SL 1991, ch 283, 5.
34-29B-6. Interference with, or disobedience of, fire official as misdemeanor.It is a Class 1 misdemeanor for any person to interfere with a fire official or law enforcement official carrying out any duties or functions prescribed by this chapter. It is also a Class 1 misdemeanor for any person to disobey a lawful order of a fire official or law enforcement official. Source: SL 1991, ch 283, 6.
34-29B-7. Impersonating official as misdemeanor.It is a Class 1 misdemeanor for any person to use an official badge, uniform, or other credentials to impersonate a fire official for the purpose of gaining access to any building, structure, vessel, vehicle, or premises in a jurisdiction. Source: SL 1991, ch 283, 7.
34-29B-8. Fire marshal to investigate circumstances of fire or explosion.The state fire marshal may investigate the cause, origin, and circumstances of fire or explosions by which property has been destroyed or damaged and, attempt to determine whether the fire or explosion is the result of carelessness or design. The state fire marshal may take charge of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall cooperate with the authorities in the collection of evidence and the prosecution of the case. Source: SL 1991, ch 283, 8.
34-29B-9. Written report to fire marshal.Every fire shall be reported in writing to the state fire marshal by the fire department officer in whose jurisdiction such a fire has occurred within thirty days of the occurrence. The report shall be in a form prescribed by the state fire marshal and shall contain a statement of all facts relating to the cause, origin, and circumstances of the fire, the extent of the damage, the insurance upon such property and any other information as may be required, including the injury, death, or rescue of persons. Source: SL 1991, ch 283, 9.
34-31-1. County agreements with other agencies for fire protection or purchase of equipment.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, 12.0617-4; 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.
34-31-2. County agreements with other agencies for training and payment of costs.The boards of county commissioners of the counties of this state may participate in cooperation with the organized townships and municipal corporations within their respective counties, organized townships and municipal corporations in adjacent counties, or the fire-fighting agencies thereof, and with organized townships, boards of county commissioners or municipal corporations in adjacent states when reciprocal agreements between contracting parties have been provided and with the secretary of public safety or his designee in the organization and training of rural fire-fighting groups, and in the payment of the operation and maintenance of fire-fighting equipment and in the cost of suppressing fires. Source: SL 1947, ch 46, 2; SL 1953, ch 19; SDC Supp 1960, 12.0617-4; SL 1965, ch 26; SL 1969, ch 20; SL 1971, ch 206, 2; SL 1985, ch 15, 44; SL 2002, ch 252 (Ex. Ord. 02-1), 10; SL 2021, ch 1 (Ex. Ord. 21-3),  14, 68, eff. Apr. 19, 2021.
34-31-3. County tax levy for fire-fighting purposes--Petition to include municipality--Maximum levy--Accumulation from year to year.For the purpose of carrying out the provisions of 34-31-1 and 34-31-2, the board of county commissioners may levy a tax not to exceed sixty cents per thousand dollars of taxable valuation in the county outside the limits of any municipality which provides fire protection service. However, the governing body of any municipality may by ordinance petition the board of county commissioners to include the taxable valuation within the limits of the municipality under the aforementioned levy for county fire protection service. The inclusion of the taxable valuation within the limits of the municipality under the levy for county fire protection service shall be in addition to the municipal levy for fire protection as provided in chapter 9-33. The proceeds of such tax shall be used only for the purposes of 34-31-1 and 34-31-2 in the county in which the tax is levied and unexpended balances at the end of the fiscal year may not revert to the general fund but shall be permitted to accumulate and shall be available for carrying out the purposes of 34-31-1 and 34-31-2. The levy authorized by this section is in addition to the levy authorized in 10-12-21. Source: SL 1947, ch 46, 3; SL 1953, ch 19; SDC Supp 1960, 12.0617-4; SL 1965, ch 26; SL 1975, ch 223; SL 1976, ch 223, 1; SL 1985, ch 15, 45; SL 1985, ch 77, 23; SL 1989, ch 87, 15E.
34-31-4. Municipal contracts with other agencies for fire protection.Every municipality shall have power when and to the extent deemed expedient by its governing body, to enter into contracts for the furnishing of fire-fighting equipment and protection for the municipality, with any other political subdivision or subdivisions or with any nonprofit fire protection corporation or association legally organized, provided that any contracts so entered shall extend for a term of not to exceed ten years. The term "nonprofit fire protection corporation or association" as used herein shall include any corporation or association legally organized for the primary purpose of providing fire-fighting equipment and protection for a particular political subdivision or subdivisions, and operated on a nonprofit basis. Such contracts may be entered into with political subdivisions of adjoining states when reciprocal agreements between the contracting parties have been provided. Source: SDC Supp 1960, 45.0201-1 (22) as added by SL 1961, ch 244, 1; SL 1971, ch 206, 3.
34-31-5. Validation of prior municipal contracts for fire protection.All acts of municipalities of this state prior to March 9, 1961, contracting with other political subdivisions or with nonprofit fire protection corporations or associations for the furnishing of fire-fighting equipment and protection for the municipality are hereby validated. Source: SL 1961, ch 244, 2.
34-31-6. Fire equipment shop--Acquisition, renovation, and distribution of equipment and excess vehicles--Assistance programs.The Department of Public Safety may operate a fire equipment shop to acquire and renovate equipment and distribute fire equipment, supplies and parts, which are not available through the Bureau of Administration, and federal and state excess vehicles and property to counties and rural fire departments or districts for the suppression of rural fires. 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. The vehicles and property may be provided with clear title by the department to counties and rural fire departments or districts, or the title may be retained by the state or federal government. Source: SL 1984, ch 277, 1; SL 1986, ch 285, 2; SL 2002, ch 252 (Ex. Ord. 02-1), 11; SL 2004, ch 237, 1; SL 2009, ch 169, 1; SL 2021, ch 1 (Ex. Ord. 21-3),  14, 68, eff. Apr. 19, 2021.
34-31-7. Fire equipment fund created--Revenue.There is created in the state treasury the fire equipment fund. All revenues collected from counties and volunteer fire departments pursuant to 34-31-6 shall be deposited in the fund for the administration of the provisions of 34-31-6. Source: SL 1984, ch 277, 3.
34-31-8. Purchase of used motor vehicles and equipment at auctions of surplus property or from utility companies--Cost assistance programs.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.
34-31A-13. Election of first board of directors.Permanent organization shall be effected by the election of a board of directors consisting of not less than five residents of the district. If the district includes any incorporated municipalities which are located within the boundaries of the district, no more than two members of a five-member board of directors may be voters who are residents of the incorporated municipal areas of the district if at least forty percent of the registered voters of the district live outside the incorporated areas of the district, and no more than three members of the board of directors may be voters who are residents of the incorporated municipal areas of the district if at least twenty percent of the registered voters of the district live outside the incorporated areas of the district. If the board of directors consists of more than five members, the additional members, as nearly as can be accomplished, shall be in the proportions set forth in this section. Source: SL 1971, ch 208, 4; SL 1976, ch 224, 1; SL 1981, ch 264, 1; SL 1986, ch 286; SL 1998, ch 36, 37.
34-31A-14. Election of officers.The board of directors shall meet as soon after the organizational meeting as possible to elect a president, a vice-president, and a secretary-treasurer. Source: SL 1971, ch 208, 4.
34-31A-15.1. Filling of vacancy on board of directors.The board of county commissioners shall fill a vacancy on the board of directors of a rural fire protection district by appointing a voter of the district who meets the requirements in 34-31A-13 to complete the unexpired term. Source: SL 1987, ch 257.
34-31A-15. Terms of directors and officers--Compensation of rural fire protection district director.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.
34-31A-16. District as body corporate and politic.Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10, the district under its designated name shall be and constitute a body politic and corporate. Source: SL 1971, ch 208, 17.
34-31A-17. General powers of directors.The board of directors shall have the following general powers:(1)To determine upon a general fire protection program for the district;(2)To manage and conduct the business affairs of the district;(3)To make and execute contracts in the name of and on behalf of the district;(4)To purchase or lease such fire-fighting equipment, supplies, and other real or personal property as shall be necessary and proper to carry out the general fire protection program of the district;(5)To incur indebtedness on behalf of the district within the limits prescribed by 34-31A-31, and to authorize the issuance of evidences of such indebtedness permitted under this subdivision, and to pledge any real or personal property owned or acquired by the district as security for the same;(6)To organize, establish, equip, maintain, and supervise a fire department or company to serve the district;(7)Generally to perform all acts necessary to fully carry out the purposes of this chapter. Source: SL 1971, ch 208, 6.
34-31A-18. District contracts with other agencies or nonprofit corporations for fire protection--Validity of contracts.Any rural fire protection district may enter into a contract with another rural fire protection district to consolidate or cooperate for mutual fire protection and prevention purposes, or may enter into a contract with any federal, state, or local government agency for fire protection service or fire protection cooperation upon terms suitable to all concerned. Power to make such contracts is hereby conferred upon such state or local government agency in addition to such powers as are otherwise provided by law. Any rural fire protection district may enter into a contract with any nonprofit corporation, organized under the laws of this state and whose sole purpose is fire protection, for fire protection service or fire protection cooperation upon terms suitable to all concerned. Any contract between a rural fire protection district and a nonprofit corporation that was entered into prior to July 1, 2005, and which now complies with the provisions of this section is hereby declared to be valid and legal. Source: SL 1971, ch 208, 10; SL 2005, ch 192, 1.
34-31A-19. State system of rural fire protection routings.The Department of Public Safety, with the advice and cooperation of the South Dakota Firemen's Association may establish a system of rural routings which shall be as uniform as is practicable throughout the state, for the purpose of aiding rural fire-fighting equipment and other emergency vehicles in locating and arriving quickly at the scene of a fire or other emergency within any area which they might logically be called upon to serve. Source: SL 1971, ch 208, 16; SL 2003, ch 272, 20, 121.
34-31A-2. Electors' petition to establish district--County commissioners' resolution to initiate proceedings.If an application for organization as provided in 6-16-2 covering any rural territory is completed and requests to form, organize, establish, equip, and maintain a rural fire protection district, the application shall be filed with the county auditor of each county in which the territory is located. The board of county commissioners in each county where the rural fire protection district would be located may by resolution initiate the formation of the district. Source: SL 1971, ch 208, 1; SL 1973, ch 226, 1; SL 1984, ch 241, 1; SL 1998, ch 36, 28.
34-31A-20. Preparation of annual budget--Certification of estimated tax levy.The board of directors shall:(1)Prepare an annual budget of the expenditures necessary to carry out the general fire protection program for the district. Grants, resources of fire departments within the district, and other revenues shall be considered by the board when preparing the revenues available to fund the district's budget;(2)Annually certify an estimated tax levy request in dollars to the proper county auditor in the manner provided by 34-31A-21. The estimated tax levy request shall be determined by subtracting the grants, resources of fire departments within the district, and other revenues from the prepared budget. Source: SL 1971, ch 208, 6 (2), (3); SL 1994, ch 279.
34-31A-21. Certification of budget estimates to county auditor--Tax levy.The president and secretary shall certify the estimate provided by 34-31A-20 to the proper county auditor or county auditors, on or before October first of each year. The auditor shall levy a tax not to exceed one dollar per thousand dollars of taxable valuation upon the taxable property within the district for the maintenance of the fire protection district for the fiscal year as provided by law. Source: SL 1971, ch 208, 7; SL 1976, ch 224, 2; SL 1981, ch 265, 1; SL 1998, ch 212, 1.
34-31A-22. Maximum tax levy.The rate of tax for functions authorized by this chapter may not exceed sixty cents per thousand dollars of taxable valuation in the rural fire district for the purchase of rural fire-fighting equipment in rural fire districts or for the purpose of assisting and contributing to the purchase and upkeep of fire-fighting equipment in adjoining first or second class municipalities or villages. Source: SL 1971, ch 208, 14; SL 1984, ch 241, 2; SL 1989, ch 87, 15I; SL 1992, ch 60, 2.
34-31A-23. Tax levy not to exceed estimates of expenses.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.
34-31A-24. Collection of taxes.Said tax shall be collected as other taxes are collected in the county. Source: SL 1971, ch 208, 7 (1).
34-31A-25. Tax proceeds to secretary-treasurer--Surety bond.Said tax shall be turned over to the secretary-treasurer of the rural fire protection district, who shall have a surety bond in the amount of at least five thousand dollars. Source: SL 1971, ch 208, 7 (2).
34-31A-28. Fire protection payments by tax-exempt organizations--Minimum--Assessment.Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within a rural fire protection district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for fire protection such amount as may be agreed upon, but not less than twenty-five percent of the amount which would be levied against such property under the provisions of this chapter if such property were subject to such levy. For the purposes of this section, such property shall be assessed by the director of equalization of the county in which such property lies, or by his deputies. Source: SL 1971, ch 208, 15; SL 1976, ch 224, 3.
34-31A-29. Annual statement of payments by tax-exempt organizations.The board of directors shall file an annual statement with the Department of Public Safety showing the names of persons or organizations making payments and the amounts of payments made under 34-31A-28. Source: SL 1971, ch 208, 15; SL 2003, ch 272, 20, 121.
34-31A-3. Inclusion of municipality in district.Any municipality located within the area, whether the municipality has a fire department or not, may be included in the rural fire district if twenty percent of the landowners within the municipality who are also registered voters within the municipality sign a separate petition from that municipality, or if the governing body of the municipality establishes intent by passing a resolution so indicating. Source: SL 1971, ch 208, 1; SL 1973, ch 226, 2; SL 1992, ch 60, 2; SL 1998, ch 36, 29; SL 2002, ch 144, 5.
34-31A-30. Expenditure of payments by tax-exempt organizations.Funds derived from payments pursuant to 34-31A-28 shall be expended by the district for fire-fighting supplies and equipment and the training of fire department personnel. Source: SL 1971, ch 208, 15.
34-31A-31. Maximum indebtedness of district--Borrowing power.No district may incur debt greater than an amount equal to twenty times the annual maximum tax levy as authorized by 34-31A-21. A district may borrow money and issue appropriate evidence of indebtedness within the limits authorized by this section. Source: SL 1971, ch 208, 8; SL 1983, ch 28, 27; SL 1990, ch 277.
34-31A-32. Deposit in bank of district receipts--Warrants for disbursement.All funds collected on behalf of the district through the levy of taxes; all donations, contributions, bequests, or annuities; and all borrowed money received by or on behalf of the district shall be deposited in state or national bank to the credit of the district fund and shall be drawn out only by warrant. Source: SL 1971, ch 208, 7 (3), 9; SDCL Supp, 34-31A-26.
34-31A-33. Claim vouchers for district funds.Such claim voucher shall be authorized by the board of directors and shall bear the signature of the treasurer and the countersignature of the president of such district. Source: SL 1971, ch 208, 7 (4), 9; SDCL Supp, 34-31A-27.
34-31A-34. Filing of financial report with county auditor--Examination of district records.The secretary-treasurer of the rural fire protection district shall, on or before January thirty-first of each year, file a financial report of the previous calendar year with the proper county auditor or county auditors. When the Department of Legislative Audit examines other county records, it shall examine the financial report of the secretary-treasurer of the rural fire protection district. Source: SL 1971, ch 208, 9; SL 1986, ch 287.
34-31A-35. Change of district boundaries--Prior rights unimpaired--Liability for debts. The boundaries of any rural fire protection district organized under the provisions of this chapter may be changed in the manner prescribed by 34-31A-5 to 34-31A-9, inclusive, but the changes of boundaries of any such district may not impair or affect its organization or its right in or to property; nor may it impair, affect or discharge any contract, obligation, lien, or charge for or upon which it might be liable had such change of boundaries not been made. Any portion or area of land which was part of a rural fire district, organized under 34-31A-5 to 34-31A-9, inclusive, and which is annexed into a bordering municipality, is liable for any indebtedness incurred while within the boundaries of the fire district. Nothing in this section precludes a municipality, by ordinance, when annexing land within a rural fire protection district, of assuming a portion or all of the indebtedness on the annexed land that is a result of being in the rural fire protection district. Source: SL 1971, ch 208, 12; SL 1983, ch 258; SL 2021, ch 43,  24.
34-31A-36. Procedure for annexation of territory.Any territory which is adjacent to the boundary of an existing rural fire protection district may be annexed to such district in the manner provided in 34-31A-37 to 34-31A-42, inclusive. Source: SL 1971, ch 208, 11.
34-31A-37. Annexation resolution or petition filed with county auditor.The proceedings for the annexation, referred to in 34-31A-36, may be initiated by resolution or by the presentation to the auditor of a petition signed by ten percent of the electors who are owners of any interest in real property assessed for taxation in the territory to be annexed and who are residing within the boundaries of such territory stating the desires and purposes of such petitioners or governmental body. The petition or resolution shall contain a description of the boundaries of the territory proposed to be annexed. It shall be accompanied by a map or plat and a deposit for publication costs. Source: SL 1971, ch 208, 11 (1); SL 1973, ch 226, 6; SL 1992, ch 80, 215.
34-31A-38. Auditor's examination of annexation petition--Papers forwarded to directors.The county auditor shall consult the tax schedules in the office of the county auditor and determine and certify whether or not such petition complies with the requirements of 34-31A-37 and that the persons signing the same appear to reside within the boundaries described by such petition. Thereafter, the county auditor shall forward such petition, resolution, map or plat, and certificate to the board of directors of the district concerned. Source: SL 1971, ch 208, 11 (2); SL 1973, ch 226, 7.
34-31A-39. Transmittal of annexation petition or resolution to county board--Approval or disapproval by directors.Within thirty days after receiving the petition or resolution, map or plat, and certificate of the county auditor, in accordance with 34-31A-38, from the county auditor, such board of directors shall transmit the same to the proper county board, accompanied by a report in writing approving or disapproving the proposal contained in said petition, or approving such proposal in part and disapproving it in part. Source: SL 1971, ch 208, 11 (3); SL 1973, ch 226, 8.
34-31A-4. Contents of petition or resolution--Plat or map.The petition shall contain the suggested name of the proposed district, the area in square miles to be included, and a complete description according to government survey, if possible, of the boundaries of the real properties intended to be embraced in the proposed rural fire protection district. The petitioners shall also present to the county auditor a plat or map showing the suggested boundaries of the proposed district. Source: SL 1971, ch 208, 1; SL 1973, ch 226, 3; SL 1998, ch 36, 30.
34-31A-41. Notice of commissioners' hearing on annexation petition.If the report of the board of directors, referred to in 34-31A-39, is favorable to such proposal, either in whole or in part, the board of county commissioners shall promptly designate a time and place for a hearing upon the petition and shall give notice thereof in the manner prescribed by 34-31A-7. At such hearing, any person owning taxable property or residing within the boundaries of the existing district or the territory to be annexed, shall have the opportunity to be heard respecting the proposed annexation. Source: SL 1971, ch 208, 11 (4).
34-31A-42. County commissioners' determination on proposed annexation.The board of county commissioners shall, at or shortly after the hearing referred to in 34-31A-41, determine whether such territory should be annexed to the existing district and shall fix the boundaries of the territory to be annexed. The determination of the board of county commissioners shall be set forth in written order which shall describe the boundaries determined upon and shall be filed in the office of the county auditor. Source: SL 1971, ch 208, 11 (5).
34-31A-43. Annual meeting of registered voters of district--Special meetings--Annual election--Notice of election.A regular meeting of the registered voters who are residing within the boundaries of a district shall be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. The annual election may be conducted during the regular meeting consistent with the provisions of chapter 8-3. Notice of the annual election shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated. The meeting shall be held not less than seven days nor more than fourteen days after the date of publication of the notice. Source: SL 1971, ch 208, 5; SL 1992, ch 80, 216; SL 2002, ch 144, 6; SL 2007, ch 75, 6; SL 2014, ch 171, 1.
34-31A-44. Secretary-treasurer's report at annual public meeting.The secretary-treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district. Source: SL 1971, ch 208, 9.
34-31A-45. Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.Any rural fire protection district with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the rural fire protection district or by the volunteer firefighters and may be managed through the rural fire protection district or through an insurance company or other financial institution. Such program shall be established by ordinance. Each fire protection district shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter. Source: SL 1986, ch 71, 4.
34-31A-46. Election by territory residents on annexation of territory.The residents of any territory proposed to be annexed into a rural fire protection district may, by petition, call for an election on such annexation. The petition shall be signed by five percent of the voters residing within the territory included within the proposed annexation. The petition shall be submitted within twenty days of the district's governing body's vote to propose the annexation. The election shall be held within ninety days of the submission of the petition, but if the petition is submitted within one hundred twenty days of a regularly scheduled election of the rural fire protection district, the governing body of the rural fire protection district may place such question on the regular election ballot. The election on the annexation shall be voted upon only by those residing within the territory proposed to be annexed, and shall be decided by majority vote. Source: SL 1995, ch 198.
34-31A-47. General election combined with regular municipal election.The board of directors of a rural fire protection district may choose to hold a rural fire protection district general election in conjunction with a regular municipal election. The combined election is subject to approval by the governing body of the municipality. The combined election shall be held on the regular date for the general municipal election. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the rural fire protection district and the municipality. All other governmental responsibilities associated with holding elections shall be shared as agreed upon by the governing bodies. Source: SL 2014, ch 171, 2.
34-31A-5. Examination of petition by auditor--Time and place of hearing.Upon the filing of the petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by the number of voters as specified in 6-16-2. If the petition contains sufficient names, the county auditor shall designate a time and place for the petition or resolution of the county commissioners to be heard by the board of county commissioners. Source: SL 1971, ch 208, 2; SL 1973, ch 226, 4; SL 1998, ch 36, 31.
34-31A-6. Auditor's action where two or more counties included--Time and place of joint hearing.If the proposed district shall be situated within two or more counties, the county auditor of the county wherein the largest area is contained, shall confer with the auditor or auditors of the other counties concerned, and shall obtain a certificate as to the adequacy of the petitions or resolution pertaining to said county or counties, and thereafter he shall designate a time and place for hearing before a joint meeting of the boards of county commissioners of all counties in which the proposed district is to be situated and shall give notice thereof by publication in a manner provided in 34-31A-7. Source: SL 1971, ch 208, 2; SL 1973, ch 226, 5.
34-31A-7. Publication of notice of commissioners' hearing.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.
34-31A-8. County commissioners' hearing on organization of district--Determination and order as to district and boundaries.At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the boundaries thereof. Thereupon the board or boards of county commissioners shall determine whether the proposed district is suited to the general fire protection policy of the county, or each of such counties, as a whole, determine the boundaries of the proposed district, whether as suggested in the petition or otherwise, and make a written order of such determination which shall describe the boundaries of the district and be filed in the office of the county auditor or auditors of each county in which such district is situated. Source: SL 1971, ch 208, 2.
34-31A-9. Time and place of meeting of resident property owners of district.Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in 6-16-4 to 6-16-6, inclusive. Source: SL 1971, ch 208, 3; SL 1992, ch 80, 212; SL 1998, ch 36, 33.
34-32A-1. Definition of terms.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.
34-32A-10. Rights and powers unimpaired.With the exception of 34-32A-7, all other provisions of this chapter shall not be construed to impair any existing statutory or common law rights or powers. Source: SL 1979, ch 240, 9.
34-32A-2. Notice and information to governmental agency when insurer believes fire loss other than accidental.If an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provide it with all relevant information from the company's inquiry into the fire loss. If an insurance company provides any authorized agency with notice of a fire loss, it shall be deemed sufficient notice for the purpose of this chapter. Nothing in this section shall abrogate or impair the rights or powers created under 34-32A-3. Source: SL 1979, ch 240, 3.
34-32A-3. Information required of insurer by governmental agency investigating fire loss.Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency all relevant information or evidence deemed important to the authorized agency which the company may have in its possession relating to the fire loss in question. Relevant information may include, without limitation:(1)Pertinent insurance policy information relevant to the fire loss under investigation and any application for such policy;(2)Policy premium payment records which are available;(3)History of previous claims made by the insured; and(4)Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation. Source: SL 1979, ch 240, 2.
34-32A-4. Exchange of information between governmental agencies.The authorized agency provided with information pursuant to 34-32A-2 and 34-32A-3 and in furtherance of its own purposes, may release or provide such information to any other authorized agency. Source: SL 1979, ch 240, 4.
34-32A-5. Insurer obtaining information from governmental agency.Any insurance company providing information to an authorized agency pursuant to 34-32A-2 or 34-32A-3 shall have the right to request and obtain relevant information within thirty days of its request to an authorized agency. Source: SL 1979, ch 240, 5.
34-32A-6. Notice to policy holder of request for information.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.
34-32A-7. Immunity from liability of insurer or governmental agency releasing information.Any insurance company, person acting in its behalf, or authorized agency who releases information, whether oral or written, pursuant to 34-32A-2 to 34-32A-5, inclusive, shall be immune from civil liability or criminal prosecution. "Immune," as used in this section, means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to 34-32A-2 to 34-32A-8, inclusive, if actual malice, bad faith or situations involving compounding on the part of the insurance company or authorized agency against the insured is not present. Source: SL 1979, ch 240, 1(5), 6.
34-32A-8. Information received held in confidence--Requiring testimony when insurer is party to litigation.Any authorized agency or insurance company who receives any information furnished pursuant to this chapter shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. Any authorized agency, or its personnel, may be required to testify in any litigation in which the insurance company at interest is named as a party. Source: SL 1979, ch 240, 7.
34-32A-9. Arson control laws unimpaired--Concurrent jurisdiction.This chapter shall not be construed to affect or repeal any statute of this state or any ordinance of any municipality relating to fire prevention or control of arson, but the jurisdiction of the Department of Public Safety and of the attorney general as to fire prevention and the control of arson in a municipality shall be concurrent with that of the municipal and county authorities. Source: SL 1979, ch 240, 8; SL 2003, ch 272, 20, 121.
34-34A-1.1. Manufactured home defined.A manufactured home is a structure that meets the following requirements:(1)It is transportable in one or more sections;(2)Its body is eight or more feet wide or forty or more feet long in the traveling mode or it occupies three hundred twenty or more square feet when erected on a site;(3)It is built on a permanent chassis;(4)It is designed to be used as a dwelling with or without a permanent foundation when it is connected to the required utilities.The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term also includes any structure that meets all of the requirements of this section except the size requirements and for which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter. Source: SL 1990, ch 278, 2.
34-34A-1. Definition of terms.Terms used in this chapter mean:(1)"Dealer," any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale;(2)"Department," the Department of Public Safety;(3)"Distributor," any person engaged in the sale and distribution of manufactured homes for resale;(4)Deleted by SL 2004, ch 17, 213;(5)"Federal manufactured home construction and safety standard," any reasonable standard established by the federal government for the construction, design, and performance of a manufactured home that meets the needs of the public, including the needs for quality, durability and safety;(6)"Manufactured home construction," all activities relating to the assembly and manufacture of a manufactured home, including those relating to durability, quality and safety;(7)"Manufactured home safety," through the performance of a manufactured home, the protection of the public against any unreasonable risk of the occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;(8)"Manufacturer," any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale;(9)"Purchaser," the first person purchasing a manufactured home in good faith for purposes other than resale;(10)"Secretary," the secretary of the Department of Public Safety;(11)"State administrative agency," a state agency that has been approved or conditionally approved by the federal government to carry out the state plan for enforcement of the federal standards. Source: SL 1973, ch 216, 1; SL 1982, ch 267, 1; SL 1985, ch 15, 42; SL 1990, ch 278, 1; SL 2003, ch 272, 20, 121; SL 2004, ch 17, 213.
34-34A-10.1. Inspection of manufacturing and sales facilities.A representative of the State Fire Marshal may enter, at reasonable times and without advance notice, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale, to inspect, at reasonable times, in a reasonable manner and within reasonable limits, such place, and to inspect the books, papers, records, and documents relating to the construction of manufactured homes or the failure of a manufactured home to comply with applicable manufactured home construction and safety standards. Source: SL 1982, ch 267, 7; SL 2004, ch 17, 216.
34-34A-10.2. Records and reports required of manufacturers, distributors, and dealers.Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports and provide information as the State Fire Marshal or the secretary of the United States Department of Housing and Urban Development may reasonably require for the State Fire Marshal or the United States secretary to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; and, upon request of a person designated by the State Fire Marshal or the United States secretary, shall permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974. Source: SL 1982, ch 267, 8; SL 2004, ch 17, 217.
34-34A-10.3. Monitoring inspection fee.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.
34-34A-11. Interference with departmental representative as misdemeanor.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.
34-34A-12.1. Hearings on violations.The State Fire Marshal may conduct hearings on matters relating to violations or consumer complaints, including the holding of formal and informal presentation of views, of this chapter consistent with the regulations adopted by the Department of Housing and Urban Development. The division shall hold hearings in accordance with chapter 1-26. Source: SL 1982, ch 267, 10; SL 1990, ch 278, 14; SL 2004, ch 17, 219.
34-34A-16. Additional construction requirements not applicable--Zoning and tax laws applicable.If a manufactured home complies with the standards, neither this state nor any political subdivision thereof may require such manufactured home to comply with any additional building, plumbing, heating, or electrical requirements. However, the State Fire Marshal may promulgate rules for fire safety pursuant to 13-25-1 and 13-25-2. The provisions of this section do not apply to zoning or taxation. Source: SL 1973, ch 216, 9; SL 1976, ch 226; SL 1990, ch 278, 15; SL 2004, ch 17, 220.
34-34A-19. Standards for installation--Rules.The State Fire Marshal shall establish standards for the installation of manufactured homes and may adopt rules pursuant to chapter 1-26 in the following areas:(1)Definitions;(2)Siting and foundation systems;(3)Exterior plumbing;(4)Exterior mechanical equipment (heating and cooling);(5)Exterior fuel supply;(6)Exterior electrical;(7)Life and fire safety;(8)Anchoring for wind upset and sliding;(9)Other rules necessary to implement the provisions of 24 C.F.R. 3283, as of April 1, 1990. Source: SL 1973, ch 216, 11; SL 1986, ch 22, 9; SL 1990, ch 278, 16; SL 1991, ch 284, 2; SL 2004, ch 17, 221.
34-34A-20. Severability of provisions.If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. Source: SL 1973, ch 216, 17.
34-34A-21. Citation of chapter.This chapter may be cited as the South Dakota Manufactured Home Construction and Safety Standard Act. Source: SL 1973, ch 216, 18; SL 1990, ch 278, 17.
34-34A-9.3. Construction and safety standards--Promulgation of rules.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.
34-34A-9.4. Prohibited acts.No person may:(1)Manufacture for sale, lease, sell, offer for sale or lease, introduce or deliver, or import into the State of South Dakota any home which is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard and does not comply with that standard;(2)Fail or refuse to permit access to or copying of records, or fail to make reports or provide information or fail or refuse to permit entry or inspection as required by 34-34A-10.1;(3)Fail to furnish notification of any defect as required by 42 U.S.C. 5414;(4)Fail to issue a certification required by 42 U.S.C. 5415;(5)Issue a certification to the effect that a manufactured home conforms to all applicable federal manufactured home construction and safety standards if the person, exercising due care, has reason to know that the certification is false or misleading in a material respect;(6)Fail to establish and maintain records, to make reports or to provide information that the division may reasonably require to determine if there is compliance with this chapter and with the National Manufactured Housing Construction and Safety Standards Act of 1974; or fail to permit, upon request of a person authorized by the division, inspection of appropriate books, papers, records and documents to determine if a manufacturer, distributor or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; or(7)Issue a certification pursuant to 42 U.S.C. 5403(h) if that person knows that the certification is false or misleading in a material respect. Source: SL 1982, ch 267, 4; SL 1990, ch 278, 11; SL 2020, ch 146,  2.
34-34A-9.5. Transactions exempt from application of statutory manufacture or sale provisions.Subdivision 34-34A-9.4(1) does not apply:(1)To the offer for sale or to the sale of any manufactured home after the first purchase of it in good faith for purposes other than resale; or(2)To any person who establishes that he did not have reason to know, exercising due care, that the manufactured home does not conform with applicable federal manufactured home construction and safety standards. Source: SL 1982, ch 267, 6; SL 1990, ch 278, 12.
34-34A-9.6. Violation of prohibitions by persons not licensed under federal act.A person who violates any of the provisions of 34-34A-9.4 relating to manufactured homes or any rule promulgated by the State Fire Marshal to administer the provisions of this chapter is liable for a civil penalty not exceeding one thousand dollars for each violation. Each violation is a separate offense with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation. Source: SL 1982, ch 267, 3; SL 2004, ch 17, 215.
34-34A-9.7. Violation of manufacture or sale prohibitions--Misdemeanor.A person or an officer, director, or agent of a corporation who knowingly violates the provisions of 34-34A-9.4 in any manner which threatens the health or safety of a purchaser is guilty of a Class 1 misdemeanor. Source: SL 1982, ch 267, 5; SL 1990, ch 278, 13.
34-35-1. Construction of fireguards.The electors at the annual meeting of an organized civil township may authorize the township board of supervisors to construct, or to have constructed, fireguards around all or a portion of the township or each way across the center of the township, as deemed necessary for fire protection. Source: SL 1893, ch 91, 1; RPolC 1903, 1131; SL 1905, ch 111; SL 1915, ch 193; RC 1919, 6128; SDC 1939, 58.1001; SL 2014, ch 48, 21.
34-35-10. Burning off land or other flammable material without firebreak or considering weather a misdemeanor.It is a Class 1 misdemeanor to set or cause to be set on fire any woods, marsh, prairie, grass, or stubble land or any other inflammable material at any time of the year without first having in place a natural or manmade firebreak and without giving due caution to the prevailing and forecasted weather conditions. Source: PenC 1877, ch 40, 1, 2; CL 1887, 2392, 2393; RPolC 1903, 3152, 3153; RC 1919, 10355, 10356; SDC 1939, 20.0201, 20.0202, 20.9901; SL 1955, ch 66, 1, 2; SDCL 34-35-11; SL 1977, ch 190, 93; SL 1980, ch 247, 1; SL 1986, ch 288, 1.
34-35-12.1. Liability for suppression and extinguishment costs collectable by secretary of public safety.Any person who negligently causes a fire to be started or who does not take reasonable precautions to prevent a fire from spreading and permits a fire to spread beyond the person's control is liable for all fire suppression and extinguishment costs that were caused by the fire and that are collectable by the secretary of public safety under 41-20A-6 and 41-20A-10. For purposes of this section, the term, person, includes public utilities, railroads, and private utilities. Source: SL 1996, ch 217, 1; SL 2002, ch 252 (Ex. Ord. 02-1), 13; SL 2016, ch 182, 1; SL 2021, ch 1 (Ex. Ord. 21-3),  14, 68, eff. Apr. 19, 2021.
34-35-12. Civil liability for fire.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.
34-35-13. Sheriff's investigation of violations--Prosecution by state's attorney.It shall be the duty of every county sheriff, whenever complaint is made to him of the violation of any provisions of 34-35-10, to diligently investigate such charge or charges, to ascertain whether any of the provisions of said section have been violated and to make a full and complete report thereof to the state's attorney who shall diligently prosecute anyone violating any of the provisions of said section. Source: SDC 1939, 20.0208 as enacted by SL 1955, ch 66, 7.
34-35-14. Possessory claim supporting recovery of fire damages.In any action instituted in any court to recover damages for injury caused by the fire as provided in 34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire has spread. It is sufficient in any such action to allege and prove that the person so injured was in the occupancy or possession of the property. In any action instituted in any court to recover fire suppression and extinguishment costs as provided in 34-35-12 and 34-35-12.1, it is not necessary for the person or governmental entity providing fire suppression services to allege or prove that it was in occupancy or had any possessory interest in the property over which the fire has spread. Source: SDC 1939, 20.0207; SL 1992, ch 251, 2; SL 1996, ch 217, 2.
34-35-15.1. Sellers of fireworks or pyrotechnics in business before July 1, 2007 not subject to Black Hills district boundary change.Any person or commercial entity that, before July 1, 2007, was legally engaged in the retail sale, wholesale sale, storage, or transport of fireworks or pyrotechnics, or any successor to any such person or commercial entity, may continue to engage in any such sales, storage, or transport activity, notwithstanding any changes made to the boundaries of the Black Hills Forest Fire Protection District that take effect on July 1, 2007. Source: SL 2007, ch 198, 2.
34-35-15. Black Hills Forest Fire Protection District--Area included.To protect the timber on areas subject to unusual fire dangers, there is hereby created the Black Hills Forest Fire Protection District, consisting of all that part of the state described by metes and bounds as follows: Commencing at a point on the Wyoming-South Dakota state line at the junction of Interstate Highway 90 at the state line; thence east and southeast along Interstate Highway 90 via Rapid City to the intersection of U.S. Highway 16B; thence south and southwest along U.S. Highway 16B to the intersection of State Highway 79; thence south along State Highway 79 to the intersection of U.S. Highway 18; thence south along U.S. Highway 18 to the Cheyenne River; thence west and northwest along the Cheyenne River to the Wyoming-South Dakota state line; thence north along said state line to the place of beginning. The Black Hills Forest Fire Protection District does not include any area within the limits of any municipality. Source: SDC Supp 1960, 25.1304 as enacted by SL 1966, ch 73, 2; SL 1992, ch 60, 2; SL 1995, ch 199; SL 2007, ch 198, 1.
34-35-16. Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages.The starting of an open fire within the Black Hills Forest Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is first obtained from the Department of Public Safety or from the United States Forest Service. An open fire as used in this section and 34-35-17, is any fire to burn slash, brush, grass, stubble, debris, rubbish, or other inflammable material not enclosed in a stove, sparkproof incinerator, or an established fireplace approved or constructed by public agencies in designated recreation areas. A violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for civil damages for all injuries caused by the fire. Source: SDC Supp 1960, 25.1305, 25.1306 as enacted by SL 1966, ch 73, 2; SL 1986, ch 289; SL 2002, ch 252 (Ex. Ord. 02-1), 14; SL 2010, ch 178, 1; SL 2015, ch 203, 1; SL 2021, ch 1 (Ex. Ord. 21-3),  14, 68, eff. Apr. 19, 2021.
34-35-17. Issuance of permit for open fire in Black Hills district--Conditions.Any United States forest service supervisor or the secretary of agriculture and natural resources may issue a permit upon an application to any person to start an open fire within the Black Hills Forest Fire Protection District if the fire is not expected to endanger the life or property of another. The permit may be denied if the climatic conditions or location of the material to be burned is such that the burning would endanger the life or property of others. A permit may be issued subject to conditions and restrictions as determined necessary to prevent the spread of the fire permitted. A permit may be revoked upon the change of climatic or other conditions which is determined to make the burning unsafe. Source: SDC Supp 1960, 25.1307 as enacted by SL 1966, ch 73, 2; SL 2002, ch 252 (Ex. Ord. 02-1), 15; SL 2015, ch 203, 2; SL 2021, ch 1 (Ex. Ord. 21-3), 51, eff. April 19, 2021.
34-35-18. Setting fires for forest and range management.The secretary of agriculture and natural resources or his designee may set fires in woods or prairie for the purposes of forest and range management provided that he has reasonable forces and equipment available to suppress the spread of the fire. Source: SL 1980, ch 247, 3; SL 2002, ch 252 (Ex. Ord. 02-1), 16; SL 2021, ch 1 (Ex. Ord. 21-3), 51, eff. Apr. 19, 2021.
34-35-19. Promulgation of rules by secretary.The secretary of public safety may promulgate rules pursuant to chapter 1-26 concerning:(1)The permit application procedures;(2)The conditions for awarding a permit;(3)The provisions to carry out a safe open burn; and(4)The procedures for appointing designees. Source: SL 1986, ch 326, 3; SL 2021, ch 1 (Ex. Ord. 21-3),  14, 68, eff. Apr. 19, 2021.
34-35-2. Tax levy to defray expenses of fireguards.The electors at the annual meeting may vote a tax, in addition to the amount levied for other purposes, upon the real property, including railroads within the area, embraced by the fireguards, for the purpose of defraying the necessary expenses of the fireguards. Source: SL 1893, ch 91, 1; RPolC 1903, 1131; SL 1905, ch 111; SL 1915, ch 193; RC 1919, 6128; SDC 1939, 58.1001; SL 2014, ch 48, 22.
34-35-20. Interstate compact for the prevention and control of forest fires.The Governor of South Dakota may execute a compact on behalf of the state with any one or more states who may by their legislative bodies, authorize a compact, in form substantially as follows:ARTICLE IThe purpose of this compact is to promote effective prevention and control of forest fires in the great plains region of the United States by the maintenance of adequate forest fire fighting services by the member states, and by providing for reciprocal aid in fighting forest fires among the compacting states of the region. Subject to the consent of the Congress of the United States, any province of Canada which is contiguous to a compact member state may become a party to this compact by taking such action as its laws and the laws of Canada prescribe for ratification. The term, state, in this compact includes within its meaning the term, province, and the procedures prescribed shall be applied to a province, in accordance with the forms and practices of the Canadian government.ARTICLE IIThis compact is operative immediately as to those states ratifying it if any two or more of the member states have ratified it.ARTICLE IIIIn each state, the state forester or officer holding the equivalent position who is responsible for forest fire control may act as compact administrator for that state and may consult with like officials of the other member states and may implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. Each member state may formulate and put in effect a forest fire plan for that state.ARTICLE IVIf the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling, or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with the maintenance of protection at home.ARTICLE VIf the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of the state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges, and immunities as comparable employees of the state to which they are rendering aid.No member state or its officers or employees rendering outside aid pursuant to this compact is liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection with rendering the outside aid.All liability, except as otherwise provided in this compact, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. However, nothing in this compact prevents any assisting member state from assuming such loss, damage, expense, or other cost or from loaning such equipment or from donating such services to the receiving member state without charge or cost. Each member state shall assure that workers compensation benefits in conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact.For the purposes of this compact the term, employee, includes any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws of the aiding state.The compact administrators may formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.ARTICLE VIRatification of this compact does not affect any existing statute so as to authorize or permit curtailment or diminution of the forest fighting forces, equipment, services, or facilities of any member state.Nothing in the compact authorizes or permits any member state to curtail or diminish its forest fire fighting forces, equipment, services, or facilities. Each member state shall maintain adequate forest fire fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative.Nothing in this compact limits or restricts the powers of any state ratifying the compact to provide for the prevention, control, and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules, or regulations intended to aid in the prevention, control, and extinguishment in the state.Nothing in this compact affects any existing or future cooperative relationship or arrangement between the United States Forest Service and a member state or states.ARTICLE VIIRepresentatives of the United States Forest Service may attend meetings of the compact administrators.ARTICLE VIIIThe provisions of Articles IV and V of this compact that relate to reciprocal aid in combating, controlling, or preventing forest fires are operative as between any state party to this compact and any other state which is party to this compact and any other state that is party to a regional forest fire protection compact in another region if the Legislature of the other state has given its assent to the mutual aid provisions of this compact.ARTICLE IXThis compact shall continue in force and remain binding on each state ratifying it until the Legislature or the Governor of the state takes action to withdraw from the compact. Such action is not effective until six months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact. Source: SL 2006, ch 186, 1; SL 2016, ch 182, 3.
34-35-21. Explosive firearm targets prohibited in Black Hills Forest Fire Protection District--Violation as misdemeanor--Liability for damages.No person may use a firearm target in the Black Hills Forest Fire Protection District if that target is designed to explode upon a bullet's impact. Any violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for any damages caused by a resulting fire. This section does not apply to any target used in a designated shooting range. Source: SL 2014, ch 172, 1.
34-35-3. Entry on private land to construct fireguards.For the purpose of constructing fireguards the township supervisors or the persons employed by them for that purpose may, with the consent of the owner, enter upon land adjacent to the right of way and construct fireguards upon the real estate of a private person. Source: SL 1893, ch 91, 2; RPolC 1903, 1132; SL 1905, ch 111; RC 1919, 6129; SDC 1939, 58.1002; SL 2014, ch 48, 23.
34-35-6. Fireguards not in organized townships.In counties containing areas not embraced in any civil township, fireguards as described in 34-35-1 may be constructed under the supervision of the board of county commissioners and the cost of the fireguards met by special levy upon the real property, including railroads, within the area embraced by the fireguards. Source: SL 1893, ch 91, 3; RPolC 1903, 1133; SL 1905, ch 111; RC 1919, 6130, SDC 1939, 58.1003; SL 2014, ch 48, 26.
34-35-7. Expense of fireguard upon township line.The expense of making any fireguard running upon or adjacent to the township line shall be borne equally by the two townships between which the fireguard is made. Source: SL 1893, ch 91, 4; RPolC 1903, 1134; SL 1905, ch 111; RC 1919, 6131; SDC 1939, 58.1004; SL 2014, ch 48, 27.
34-35-8. Throwing match or burning object from vehicle as misdemeanor.Any person who shall drop or throw from any vehicle or other means of transportation any burning match, cigarette, cigar, ashes of pipe, or other burning substance of any kind is guilty of a Class 2 misdemeanor. Source: SL 1937, ch 94; SDC 1939, 13.1613; SL 1977, ch 190, 91.
34-35-9. Negligently allowing fire to spread as misdemeanor--Failure to extinguish fire--Interference with control efforts.Every person who negligently kindles or causes to be kindled, fire in any woods, brush, fields, marshes, or prairies and leaves it unquenched or who negligently or without full precaution to prevent fire spreading permits it to spread beyond his control so as to endanger the property of another, whether such fire is kindled upon his own land or not, or who, finding any uncontrolled fire burning, fails to give immediate warning and to make reasonable attempt to quench it, or who at any fire at any place is guilty of any disobedience to the lawful orders of any public official or fireman attempting to control said fire, or who interferes with any such officer in any such case or refuses to assist in controlling said fire, is guilty of a Class 1 misdemeanor. Source: PenC 1877, 458 to 460; SL 1881, ch 106, 1; 91887, ch 123, 1; CL 1887, 2398, 6659 to 6661; RPolC 1903, 3158; RPenC 1903, 472 to 474; SL 1917, ch 239, 1; RC 1919, 3982 to 3984, 10361; SL 1925, ch 255; SL 1937, ch 93; SL 1937, ch 97; SDC 1939, 13.1612; SL 1977, ch 190, 92.
34-35A-3. Interference with alarm system as felony.A person who intentionally interferes with or impairs or damages any public fire alarm system, apparatus, wire, or associated equipment, thereby rendering such equipment inoperative, is guilty of a Class 5 felony. Source: SL 1963, ch 59; SDCL 1967, 22-34-25; SL 1973, ch 150, 3; SL 1977, ch 190, 97.
34-35A-4. Tampering with alarm system as misdemeanor--Repeat offenses.Any person who intentionally injures, defaces, or tampers with any fire alarm system in any manner not punishable under 34-35A-3 is guilty of a Class 2 misdemeanor. A subsequent violation of this section is a Class 1 misdemeanor. Source: SL 1963, ch 59; SDCL 1967, 22-34-25; SL 1973, ch 150, 4; SL 1977, ch 190, 98.
34-36-2. Registration of explosive sales required--Contents of entry--Noncompliance as misdemeanor.No person shall sell any dynamite or explosive as defined by subdivision 22-1-2(14), except ordinary gunpowder, to any person unknown to the seller unless introduced by some person known to the seller. On every sale the seller shall, before delivery, make entry on a book kept for that purpose stating the date of sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is required, and the name of the person, if any, who introduced the purchaser. Any person failing to comply with this section is guilty of a Class 1 misdemeanor. Source: SL 1913, ch 209; RC 1919, 3978; SDC 1939, 13.1606; SL 1972, ch 140, 19; SL 1977, ch 190, 99; SL 1989, ch 30, 60.
34-36-3. Inspections by State Fire Marshal.The State Fire Marshal may make inspections of the records and reports required of licensees and permittees and all buildings, areas, or vehicles where the manufacture, storage, transportation, or use of explosives is involved, in the interest of public safety. Source: SL 1969, ch 229, 1; SL 1991, ch 285, 1; SL 2004, ch 17, 222.
34-36-4. Promulgation of rules.For the purpose of implementing this chapter, the Department of Public Safety may adopt reasonable rules to protect the health and safety of persons from fire, explosion, and like emergencies. Such rules shall be promulgated in accordance with chapter 1-26 in the following areas:(1)Definitions;(2)The licensing of manufacturers, importers, and dealers of explosive materials;(3)Establishment of permit classes and requirements;(4)The issuance of permits;(5)Denial or revocation of permits;(6)The conduct of business by licensees and operations by permittees;(7)The records and reports required of licensees and permittees;(8)The storage and transportation of explosive material;(9)Exemptions;(10)Alternate methods of procedures, emergency variations from requirements; and(11)Establishment of license and permit fees. Source: SL 1969, ch 229, 2; SL 1972, ch 140, 20; SL 1982, ch 18, 100; SL 1991, ch 285, 2; SL 2003, ch 272 (Ex. Ord. 03-1), 23; SL 2012, ch 187, 1.
34-36-5. Orders requiring compliance with statutes and rules.If the State Fire Marshal finds by inspection that any statute or rule has been violated, or defects of installation exist, it shall issue an order in writing requiring immediate and full compliance with the provisions of the state law and the rules adopted pursuant thereto. Source: SL 1969, ch 229, 3; SL 1991, ch 285, 3; SL 2004, ch 17, 223.
34-36-6. Violation or interference with enforcement as misdemeanor.Any person who violates the rules and regulations adopted pursuant to this chapter, or who fails or refuses to observe an order for the enforcement of said rules and regulations or who hinders, delays, or interferes with any officer charged with the enforcement of this chapter in the performance of his duty, is guilty of a Class 1 misdemeanor. Source: SL 1969, ch 229, 4; SL 1977, ch 190, 100.
34-36-9. Demand for hearing on order--Hearing date--Appeal.Any person aggrieved by an order issued pursuant to 34-36-5 may, within ten days after receipt thereof, demand a hearing by serving the secretary of public safety with a copy of such demand. The State Fire Marshal shall set a hearing date which shall be within twenty days of receiving the demand. The State Fire Marshal shall notify the aggrieved party at least ten days prior to the hearing. The proceedings shall be conducted as in contested cases and appeal may be made as provided by chapter 1-26. Source: SL 1991, ch 285, 4; SL 2003, ch 272, 23; SL 2004, ch 17, 224.
34-37-1.Definition of terms.Terms used in this chapter mean:(1)"Consumer fireworks," fireworks designed primarily to produce visible effects by combustion; that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F. R. Part 1507, effective January 1, 2019, and that are classified as 1.4G, UN0336 under the American Pyrotechnics Association Standard 87-1, 2001 edition;(2)"Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that are not intended for consumer use and are normally used at a public event and classified as 1.3G, UN0335 under the American Pyrotechnics Association Standard 87-1, 2001 edition;(3)"Public event," use of fireworks for commerce on public property or sponsored by a public entity;(4)"Retailer" or "Retailer licensee," includes any person licensed under this chapter to engage in the business of making sales of fireworks at retail;(5)"Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;(6)"Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, for consideration;(7)"Wholesaler" or "Wholesaler licensee," any person licensed under this chapter to engage in the business of making sales of fireworks to retailers for resale to consumers. Source: SL 1964, ch 31, 1; SL 1983, ch 259, 1; SL 1998, ch 213, 1; SL 2019, ch 154, 1, eff. Mar. 20, 2019.
34-37-10.1. Sale from motor vehicle--Misdemeanor.A person is guilty of a Class 1 misdemeanor if the person sells any fireworks from a motor vehicle. Source: SL 1971, ch 207, 2; SL 2019, ch 154, 9, eff. Mar. 20, 2019.
34-37-10.2. Exits from structures where fireworks sold--Violation as misdemeanor.If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy the structure that displays or sells fireworks, one or more approved exits shall be provided. A violation of this section is a Class 1 misdemeanor.For the purposes of this section, an approved exit is a continuous and unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and shall swing in the direction of exit travel. Exit doors shall be able to be opened from the inside without the use of a key or any special knowledge or effort. Source: SL 1971, ch 207, 3; SL 1998, ch 213, 7; SL 2019, ch 154, 10, eff. Mar. 20, 2019.
34-37-10.3."No smoking" signs where fireworks sold--Smoking within fifty feet of location as misdemeanor.At any location where consumer fireworks are being offered for sale, the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN FIFTY FEET." A person is guilty of a Class 1 misdemeanor if the person smokes within fifty feet of a location under this section. Source: SL 1971, ch 207, 4; SL 2019, ch 154, 11, eff. Mar. 20, 2019.
34-37-10.4. Signs stating minimum distance for igniting fireworks--Igniting fireworks within minimum distance as misdemeanor.At any location where consumer fireworks are being offered for sale the licensee shall prominently post a sign that states no fireworks may be ignited or used within three hundred feet of the licensee's premises. A person is guilty of a Class 1 misdemeanor if the person ignites or uses any fireworks within three hundred feet of a location under this section. Source: SL 1971, ch 207, 5; SL 2019, ch 154, 12, eff. Mar. 20, 2019.
34-37-10.5. Open flame on retail premises as misdemeanor--Fire extinguisher required.A person is guilty of a Class 1 misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted on the premises of a retail licensee. A retailer licensee shall keep and maintain upon the retailer's premises a fire extinguisher bearing a rated capacity of at least 2-A. Source: SL 1971, ch 207, 6; SL 1977, ch 190, 105; SL 1982, ch 18, 103; SL 1998, ch 213, 8; SL 2019, ch 154, 13, eff. Mar. 20, 2019.
34-37-10. Periods and time during which retail sales permitted--Violation as misdemeanor.A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail other than during the period between June twenty-seventh and July fifth or during the period between December twenty-eighth and January first. A person who is issued a license under 34-37-2.2 may sell fireworks to out-of-state residents for the periods designated in 34-37-2.2. A person who is issued a late season license under 34-37-2.2 or a retailer license under 34-37-2 may sell any fireworks to residents and nonresidents during the period from December twenty-eighth to January first.A retail licensee may not make any sale of fireworks between the hours of twelve a.m. and seven a.m. Source: SL 1949, ch 41, 2; SDC Supp 1960, 13.1607-1; SL 1964, ch 31, 1; SL 1983, ch 259, 8; SL 1985, ch 282, 2; SL 1986, ch 27, 33; SL 2011, ch 162, 2; SL 2013, ch 161, 2; SL 2019, ch 154, 8, eff. Mar. 20, 2019.
34-37-11. Sale or use prohibited in forests, parks and other specified areas--Exception--Violation as misdemeanor.No person may sell or cause to be sold, use, or cause to be used, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District.No person may use or cause to be used, any pyrotechnics or consumer fireworks within a zone that extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire Protection District in this state.No person may sell or cause to be sold, use or cause to be used, any pyrotechnics of any description or any consumer fireworks within any national forest, national park, state forest, or any land owned or leased by the Department of Game, Fish and Parks without written authorization by the department permitting the use of pyrotechnics or consumer fireworks, pyrotechnic displays, sales, or exhibits on land owned or leased by the department, unless the department is otherwise prohibited by law from providing the written authorization.A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor. Source: SL 1957, ch 91, 1; SDC Supp 1960, 20.0506; SL 1963, ch 130, 1; SL 1964, ch 31, 10; SL 1977, ch 190, 106; SL 1981, ch 266; SL 1989, ch 301; SL 1990, ch 279, 1; SL 2004, ch 238, 1; SL 2007, ch 198, 3; SL 2019, ch 154, 14, eff. Mar. 20, 2019.
34-37-12.1. Evidence of delivery outside of state--Violation as misdemeanor.A wholesaler licensee shall retain written evidence of the delivery of fireworks to any person outside this state. Evidence under this section may include the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a certified motor carrier if the purchaser is unlicensed. A violation of this section is a Class 1 misdemeanor. Source: SL 1983, ch 259, 10; SL 2019, ch 154, 16, eff. Mar. 20, 2019.
34-37-12. Sales or shipment by wholesaler or manufacturer to persons outside of state--Violation as misdemeanor.Nothing in this chapter prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise transporting, fireworks to any person outside this state, consistent with 18 U.S.C. 836, effective on January 1, 2019. Any delivery of fireworks may be made by a certified motor carrier as specified in chapter 49-28 or in a vehicle owned or leased by a wholesaler licensee, manufacturer, or fireworks permit holder. A violation of this section is a Class 1 misdemeanor. Source: SL 1949, ch 41, 4; SDC Supp 1960, 13.1607-1; SL 1964, ch 31, 7; SL 1982, ch 18, 104; SL 1983, ch 259, 14; SL 2019, ch 154, 15, eff. Mar. 20, 2019.
34-37-13.1. Permit for use of consumer fireworks at event--Purchase and use requirements--Violation as misdemeanor.Nothing in this chapter prohibits the use of consumer fireworks at a public or private event. A person using consumer fireworks at a public or private event outside the periods permitted by 34-37-16.1 shall obtain a permit from the governing body of the municipality, township, or county where the consumer fireworks are to be used. Consumer fireworks may only be purchased from a retailer licensee or wholesaler licensee. Use of consumer fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1124, 2006 edition. A violation of this section is a Class 1 misdemeanor. Source: SL 2019, ch 154, 18, eff. Mar. 20, 2019.
34-37-13. Permit for use of display fireworks at event--Purchase and use requirements--Violation as misdemeanor.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.
34-37-15. Revocation, suspension, or nonrenewal of license.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.
34-37-16.1. Periods during which use of consumer fireworks permitted--Violation as misdemeanor.Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December twenty-eighth to January first. Source: SL 1983, ch 259, 7; SL 2011, ch 162, 3; SL 2013, ch 162, 1; SL 2019, ch 154, 21, eff. Mar. 20, 2019.
34-37-16.2. Certain fireworks permitted all year.The provisions of 34-37-2 and 34-37-16.1 do not apply to:(1)Smoke effects if the smoke effects do not fly, travel, or explode;(2)Single-shot parachute pieces without a flare; or(3)Any fireworks classified as a novelty under section 3.2 of the American Pyrotechnics Association Standard 87-1, 2001 edition. Source: SL 2015, ch 186, 1; SL 2019, ch 154, 22, eff. Mar. 20, 2019.
34-37-16. Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.A person is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in 34-37-5. If any person possesses any fireworks in violation of 34-37-5, a warrant may be issued for the seizure of the fireworks. Any fireworks seized under this section shall be safely stored to be used as evidence.Upon conviction of any person charged under this section, any seized fireworks shall be destroyed. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person.This chapter does not apply to the transportation of fireworks by regulated carriers. Source: SL 1964, ch 31, 12 (3); SL 1977, ch 190, 108; SL 2019, ch 154, 20, eff. Mar. 20, 2019.
34-37-17. Enforcement of chapter.The Department of Public Safety, together with any law enforcement agency of the state or any political subdivision of the state, shall enforce this chapter. Source: SL 1964, ch 31, 9; SL 2003, ch 272 (Ex. Ord. 03-1), 20; SL 2019, ch 154, 23, eff. Mar. 20, 2019.
34-37-18. Record forms prescribed by secretary.Records required under provisions of this chapter shall be kept on forms prescribed by the secretary of public safety. Source: SL 1983, ch 259, 7; SL 2003, ch 272, 20, 121.
34-37-19. County regulation of fireworks--Use of South Dakota grassland fire danger index--Violation as misdemeanor. Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached the extreme category in that county during the period from June twentieth to July second, inclusive, and during the period from December twenty-eighth to January first, inclusive. During any such period, the county's action is suspended if the grassland fire danger index falls below the very high category and again becomes effective if the grassland fire danger index reaches the extreme category. Any violation of a resolution adopted pursuant to this section is a Class 2 misdemeanor. Source: SL 1989, ch 302; SL 2002, ch 252 (Ex. Ord. 02-1), 17; SL 2003, ch 187, 1; SL 2004, ch 239, 1; SL 2011, ch 162, 4; SL 2021, ch 156,  1, eff. Mar. 25, 2021.
34-37-2.1. Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.A person under the age of eighteen years may not be licensed under this chapter. A wholesaler or retailer may not employ or permit any person under the age of eighteen to sell, dispense, or offer for sale any fireworks enumerated in this chapter. A violation of this section is a Class 1 misdemeanor. Source: SL 1971, ch 207, 1; SL 2019, ch 154, 3, eff. Mar. 20, 2019.
34-37-2.2. Sales to out-of-state residents--Early and late season licenses--Copy of law and map provided with sale--Violation as misdemeanor.In addition to any license required under 34-37-2, for any sales to out-of-state residents, a retailer licensee may obtain:(1)An early season license to operate from May first to June twenty-sixth, with a required fee of one thousand dollars; or(2)A late season license to operate from July sixth to August thirty-first, and from December twenty-eighth to January first, with a required fee of one thousand dollars. A retailer licensee with a license issued under this section that is located west of the Missouri River shall provide any consumer with a copy of any law that prohibits the use of fireworks and a map of the Black Hills Forest Fire Protection District with any sale of fireworks, other than any sale occurring from June twenty-seventh to July fifth. A violation of this section is a Class 1 misdemeanor. Source: SL 1983, ch 259, 2; SL 1985, ch 282, 1; SL 1986, ch 27, 32; SL 2011, ch 162, 1; SL 2019, ch 154, 4, eff. Mar. 20, 2019.
34-37-2. Licenses required for sale of fireworks--Application--Duration--Display--Violation as misdemeanor.A person is guilty of a Class 1 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state without a license as a wholesaler or retailer issued under this chapter.Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by the department. An application shall be accompanied by an application fee of five hundred dollars for a wholesaler's license, and twenty-five dollars for a retailer's license. In addition to a license as a retailer issued under this section, a retailer shall obtain a retailer sales license for a fee of twenty-five dollars, for each sales period specified in 34-37-10, during which a retailer may sell fireworks. An application for the retailer sales license in any year shall be received by the department no later than fifteen days before the beginning of the sales period. Any application for a retailer sales license received after that date shall be denied by the department and returned to the applicant, together with any application fee submitted. The retailer sales license expires sixty days after the end of the sales period and is renewable annually until the application deadline for the corresponding sales period. The retailer licensee shall at all times display the retailer sales license at the retailer's place of business.Any funds received by the department under this section shall be deposited in the state general fund. Source: SL 1964, ch 31, 3, 4; SL 1977, ch 190, 101; SL 1982, ch 18, 101; SL 1998, ch 213, 3; SL 2003, ch 272 (Ex. Ord. 03-1), 20; SL 2013, ch 161, 1; SL 2019, ch 154, 2, eff. Mar. 20, 2019.
34-37-3. Prohibited fireworks--Manufacture or use as misdemeanor.Any person who manufactures, uses, or disposes to another, with or without consideration, so as to endanger the safety of others, any consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class 1 misdemeanor. Source: SDC 1939, 13.1607; SL 1977, ch 190, 102; SL 1983, ch 259, 3; SL 1998, ch 213, 4.
34-37-4. Possession, sale, or use of unauthorized fireworks--Misdemeanor.Except as provided in 34-37-12, a person is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than consumer fireworks. Source: SL 1949, ch 41, 1; SDC Supp 1960, 13.1607-1; SL 1964, ch 31, 2; SL 1977, ch 190, 103; SL 2019, ch 154, 5, eff. Mar. 20, 2019.
34-37-5. Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. 1507 as in effect on January 1, 2019. The use of fireworks that are not permissible, unless authorized in this chapter, is a Class 1 misdemeanor. Source: SL 1949, ch 41, 1; SDC Supp 1960, 13.1607-1; SL 1964, ch 31, 1 (4); SL 1983, ch 259, 4; SL 1998, ch 213, 5; SL 2019, ch 154, 27, eff. Mar. 20, 2019.
34-37-6. Submission of fireworks for examination by department--Violation as misdemeanor.Before any fireworks not enumerated under 34-37-5 may be sold, held for sale, or offered for sale in this state, the licensee shall submit the fireworks to the Department of Public Safety for examination. For any fireworks submitted under this section that comply with 16 C.F.R. Part 1507, effective January 1, 2019, and the American Pyrotechnics Association Standard 87-1, 2001 edition, the department shall authorize the fireworks for sale in this state. A violation of this section is a Class 1 misdemeanor. Source: SL 1964, ch 31, 5; SL 1982, ch 18, 102; SL 1983, ch 259, 5; SL 1998, ch 213, 6; SL 2003, ch 272 (Ex. Ord. 03-1), 20; SL 2019, ch 154, 6, eff. Mar. 20, 2019.
34-37-7. Exemptions from chapter.Nothing in this chapter shall be construed as applying to toy paper caps containing not more than twenty-five hundredths of a grain of explosive composition per cap, and to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, or theatrical, or athletic events. Source: SL 1949, ch 41, 1, 4; SDC Supp 1960, 13.1607-1; SL 1964, ch 31, 1.
34-37-8. Unlicensed transportation of fireworks into state for sale--Misdemeanor.A person is guilty of a Class 1 misdemeanor if the person is not licensed as a wholesaler or retailer and transports any fireworks into this state for sale. A retailer may not sell any fireworks that have not been purchased from a wholesaler licensed under this chapter. Source: SL 1964, ch 31, 6; SL 1977, ch 190, 104; SL 2019, ch 154, 7, eff. Mar. 20, 2019.
34-37-9. Records to be kept by licensee--Inspection--Violation as misdemeanor.Any person licensed under the provisions of this chapter shall comply with the provisions of 10-45-45. Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the purchase was made. A violation of this section is a Class 1 misdemeanor. Source: SL 1964, ch 31, 6; SL 1983, ch 259, 6; SL 2003, ch 272 (Ex. Ord. 03-1), 20; SL 2019, ch 154, 28, eff. Mar. 20, 2019.
34-38-2.1. Self-service pumps--Latch-open device permitted.Notwithstanding any other provisions of this chapter or rules promulgated thereunder, a latch-open device may be used on the hose nozzle valve of a self-service fuel dispensing pump if the valve conforms to applicable requirements of section 19 of Underwriters Laboratories Incorporated pamphlet number 842 entitled "Standards for Valves for Flammable Fluids" published in 1974. Source: SL 1982, ch 268.
34-38-23. Definition of terms.Terms used in this chapter mean:(1)"Aboveground storage tank," a horizontal or vertical tank that is listed and intended for fixed installation at or above grade and is used within the scope of its listing. This includes a tank inside a building;(2)"Authority having jurisdiction," the local or state governing organization, office, or individual responsible for approving equipment, installation, or procedure;(3)"Combustible liquid," a liquid having a flash point at or above 100 degrees Fahrenheit, (37.8 degrees Celsius);(4)"Department," the Department of Public Safety;(5)Repealed by SL 2006, ch 185, 5;(6)"Flammable liquid," a liquid having a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) and having a vapor pressure not exceeding forty psia (2,068 mm hg) at 100 degrees Fahrenheit (37.8 degrees Celsius) shall be known as a class I liquid;(7)"Listed," equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner; and(8)"Retail sale," the sale of flammable and combustible liquids for any purpose other than for resale. Source: SL 1991, ch 269, 1; SL 2003, ch 272, 20, 121; SL 2004, ch 17, 225; SL 2006, ch 185, 5.
34-38-24. Installation of aboveground storage tanks--Approval.Aboveground storage tanks may be installed at retail locations with the approval of the authority having jurisdiction and as provided for in this chapter. Source: SL 1991, ch 269, 2.
34-38-25. Letter of approval required before proposed construction begins--Letter and plans to be submitted to division.Before proposed construction begins the applicant shall obtain a letter of approval from the local governing body within whose jurisdiction the system is to be installed. This letter and two sets of plans, blueprints, or drawings shall be submitted to the division for examination and approval of compliance with this chapter. Source: SL 1991, ch 269, 3.
34-38-26. Compliance with International Fire Code.Except as otherwise provided in this chapter, aboveground storage tanks shall comply with the applicable provisions of chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269, 4; SL 2006, ch 185, 6; SL 2010, ch 177, 3; SL 2016, ch 181, 3.
34-38-27. Aboveground storage tank to be listed for such use--Underground tanks not to be installed aboveground--Failure to comply as misdemeanor.Any tank used for aboveground storage shall be listed for aboveground use. No backfill is permitted. No tank designed and built for underground use may be installed for aboveground use. A violation of this section is a Class 2 misdemeanor. Source: SL 1991, ch 269, 5.
34-38-28. Location requirements for aboveground tanks.Any aboveground storage tank shall be located at least:(1)Fifty feet from the nearest important building on the same property;(2)Fifty feet from any fuel dispenser;(3)Fifty feet from the nearest side of any public way; and(4)Fifty feet from any property line that is or may be built upon.However, distances may be reduced based on site limitations and conditions or quantity of liquid storage at the discretion of the local and division authority having jurisdiction. Source: SL 1991, ch 269, 6.
34-38-29. Spill control to be in accordance with International Fire Code.Spill control shall be provided in accordance with chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269, 7; SL 2006, ch 185, 7; SL 2010, ch 177, 4; SL 2016, ch 181, 4.
34-38-30. Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.No person may dispense fuel from an aboveground storage tank by either gravity flow or pressurization of the tank. The owner of an aboveground storage tank shall prevent the release of liquid from the tank by syphon flow.If an aboveground storage tank is at an elevation that produces a gravity head on the dispensing device, the tank outlet shall be equipped with a device such as a normally-closed solenoid valve that will prevent gravity flow from the tank to the dispenser. This device shall be located adjacent to and downstream of the outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser if the piping or hose fails.If a submersible pump system is used, a listed rigidly anchored emergency shutoff valve, incorporating a fusible link or other thermally actuated device which is designed to close automatically in the event of severe impact or fire exposure, shall be installed in accordance with the manufacturer's instructions in the supply line at the base of each individual island-type dispenser or at the inlet of each overhead dispensing device. An emergency shutoff valve incorporating a slip joint feature may not be used. The automatic closing feature of this valve shall be checked at the time of initial installation and at least once a year thereafter by manually tripping the hold-open linkage.If a suction pump-type dispensing device is used, a listed, vacuum-actuated shut-off valve, with a shear section, or an equivalent-type valve shall be installed directly beneath each dispensing device.Shut-off and check valve shall be equipped with a pressure-relieving device to relieve the pressure generated by thermal expansion back to the tank and piping shall be routed so that exposure to physical damage is minimized.A violation of this section is a Class 2 misdemeanor. Source: SL 1991, ch 269, 8.
34-38-31. Protection against vehicular collision.Aboveground tanks shall be protected against vehicular collision by suitable barriers. Source: SL 1991, ch 269, 9.
34-38-32. Maintenance of area within any dike.The area within any dike shall be kept free of vegetation, debris, and any other material that is not necessary to the operation of the tank and piping system. Source: SL 1991, ch 269, 10.
34-38-33. Tank piping system in contact with soil--Protection from corrosion.Any portion of a tank piping system that is in contact with the soil shall be protected from corrosion in accordance with chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269, 11; SL 2008, ch 175, 1; SL 2010, ch 177, 5; SL 2016, ch 181, 5.
34-38-34. Delivery and dispensing operations to comply with International Fire Code--Determining liquid level--Equipment requirements.Delivery operations shall comply with applicable requirements of chapter 57 of the International Fire Code, 2015 edition. Dispensing operations shall comply with the provisions of chapter 57 of the International Fire Code, 2015 edition.The delivery vehicle shall be separated from any aboveground tank by at least twenty-five feet.Means shall be provided for determining the liquid level in each tank and this means shall be accessible to the delivery operator. Provisions shall be made either to automatically stop the delivery of fuel to the tank if the liquid level in the tank reaches ninety-five percent capacity or to sound an audible alarm if the liquid level in the tank reaches ninety percent capacity.A check valve, gate valve with quick-connect coupling, or a dry-break valve shall be installed in the piping at the point where connection and disconnection is made for delivery from a vehicle to any aboveground tank. This device shall be protected against tampering and physical damage.If the delivery hose is connected directly to the tank, the fill line at the tank shall be equipped with a tight-fill device for connecting the hose to the tank. Source: SL 1991, ch 269, 12; SL 2006, ch 185, 8; SL 2010, ch 177, 6; SL 2016, ch 181, 6.
34-38-35. Promulgation of rules.For the purpose of implementing this chapter, the department may promulgate rules, pursuant to chapter 1-26, to protect the health and safety of persons from fire, explosion and like emergencies based on codes and standards set forth by the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards except such portions as are deleted, modified, or amended. Source: SL 1991, ch 269, 13; SL 2006, ch 185, 9; SL 2010, ch 177, 7; SL 2016, ch 181, 7.
34-38-36. Power of local governments as to zoning unaffected.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.
34-38-37. Review of actions by director--Director's decision appealable.Any person aggrieved by any action or decision pursuant to this chapter may seek review of such action or decision by the director of the division pursuant to the contested case provisions of chapter 1-26. The decision of the director may be appealed to circuit court in the manner provided by chapter 1-26. Source: SL 1991, ch 269, 15.
34-38-38. Application to facilities constructed after July 1, 2016.The provisions of this chapter apply to facilities constructed after July 1, 2016. Existing installations shall be permitted only if, in the opinion of local and state authorities, the existing installation does not constitute a distinct hazard to life or property. Source: SL 1991, ch 269, 16; SL 2006, ch 185, 10; SL 2010, ch 177, 8; SL 2016, ch 181, 8.
34-38-39. Limitations as to tank capacity.Tanks may not exceed an individual capacity of twelve thousand gallons and may not exceed an aggregate capacity of forty-eight thousand gallons. Any variance in excess of these amounts can only be granted by the division pursuant to chapter 1-26. Source: SL 1991, ch 269, 17; SL 2008, ch 175, 2.
34-39-1.1. Liquefied petroleum gas defined.The term "liquefied petroleum gas," as used in this chapter, shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes. Source: SL 1941, ch 101, 1; SL 1947, ch 98, 1; SDC Supp 1960, 31.03A01; SDCL 34-39-1.
34-39-1. Definitions.Terms used in this chapter mean:(1)"Department," the Department of Public Safety;(2)"Secretary," the secretary of the Department of Public Safety. Source: SL 2016, ch 183, 57.
34-39-16. Liquefied petroleum gas equipment and appliances--Product for purpose of certain liability provision.Any liquefied petroleum gas equipment utilized in the storage or use of liquefied petroleum gas or any liquefied petroleum gas appliance is considered to be a product for the purposes of 20-9-10. Source: SL 2005, ch 193, 1. 
34-39-2. Sale of gas by approved weights and measures required--Violation as misdemeanor.It is a Class 2 misdemeanor to sell or offer for sale, either at wholesale or retail, any liquefied petroleum gas, either in liquid or vapor form, except by weights and measures that are approved by the department. Source: SL 1957, ch 165, 1; SDC Supp 1960, 31.03A06; SL 1977, ch 190, 113; SL 2004, ch 17, 226; SL 2016, ch 183, 2.
34-39-3.1. Department to administer chapter.The department shall perform the functions required by this chapter. Source: SL 1973, ch 2, 54; SL 1979, ch 5, 2; SL 2003, ch 272 (Ex. Ord. 03-1, 23; SL 2004, ch 17, 227; SL 2016, ch 183, 4.
34-39-3. Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.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.
34-39-5. Use of condemned weighing or measuring device as misdemeanor.It is a Class 1 misdemeanor to use a weighing or measuring device for determining quantities of liquefied petroleum gas, either in liquid or vapor form, which has been condemned by the department. Source: SL 1957, ch 165, 2; SDC Supp 1960, 31.03A07; SL 1977, ch 190, 115; SL 2004, ch 17, 229; SL 2016, ch 183, 6.
34-39-6. Specifications for liquid gas meters--Correction for temperature--Delivery from vehicle prohibited unless equipped with meter--Violation as misdemeanor.All liquid gas meters shall be of a positive displacement type equipped with vapor separator or provided with such other equipment which will positively eliminate all air and vapor from passing through the meter with the liquid gas, and differential pressure regulator. A liquid gas meter, except a meter dispensing at a rate of twenty gallons per minute or less, shall be corrected to sixty degrees Fahrenheit liquid gas temperature and all deliveries of liquid gas through the meter shall be temperature corrected from sixty degrees Fahrenheit to the temperature of the liquid gas at the time and place of delivery and the customer billed accordingly. It is a Class 1 misdemeanor to make wholesale or retail sales to customers from any bulk delivery vehicle unless the bulk delivery vehicle is equipped with and dispenses the liquid petroleum gas through a liquid gas meter. No liquid gas meter may be equipped with a bypass around the liquid gas meter. However, the prohibition of a bypass is not intended to prohibit the use of an equalization line. Source: SL 1957, ch 165, 2; SDC Supp 1960, 31.03A07; SL 1977, ch 190, 116; SL 2016, ch 183, 1.
34-39-7. Promulgation of rules.The secretary may promulgate rules, pursuant to chapter 1-26, to establish tolerances within a maximum of two percent plus or minus, which may be necessary for the enforcement of 34-39-1 to 34-39-6, inclusive. Source: SL 1957, ch 165, 3; SDC Supp 1960, 31.03A08; SL 1972, ch 15, 4; SL 2004, ch 17, 230; SL 2016, ch 183, 7.
34-39-9. Use of containers for other purposes as misdemeanor.No person other than the owner and those authorized by the owner to do so, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever. A violation of this section is a Class 2 misdemeanor. Source: SL 1947, ch 98, 3; SDC Supp 1960, 31.03A03; SL 1977, ch 190, 118.
34-40-1. Manufacturer's identification number required for purchase, sale, or lease of device.No person shall knowingly purchase, sell or offer for sale, or lease, or rent or offer to lease or rent, any device designed to propel projectiles for the purpose of subcutaneous injections of tranquilizers, depressants, or other drugs into animals, which is not identified by a serial or registration number placed thereon by the manufacturer. Source: SL 1967, ch 33, 3.
34-40-2. Registration of devices with sheriff required--Notice to criminal investigation division.Any person, partnership, limited liability company, firm, association, corporation, public or private, or department of state government, except a retailer possessing such device for purposes of resale, who possesses or uses a device designed to propel projectiles for the purpose of subcutaneous injections of tranquilizers, depressants, or other drugs into animals, shall register such device with the sheriff of the county in which such person resides. Each sheriff upon registration of a device under this chapter shall notify the chief agent of the criminal investigation division of such registration. Source: SL 1967, ch 33, 1; SL 1994, ch 351, 65.
34-40-3. Information included in registration.Registrations pursuant to 34-40-2 shall set forth the name, address, and occupation of the owner and the registration or serial number imprinted on such device. Source: SL 1967, ch 33, 2; SL 1972, ch 15, 3.
34-40-4. Notice to sheriff of sale, loss, or theft of device.Whenever any registrant shall sell or lose a device registered under this chapter or have such a device stolen from him, he shall within three days report such sale, loss, or theft to the county sheriff of the county wherein the sale, loss, or theft occurred and to the sheriff of the county where the device is registered. Source: SL 1967, ch 33, 4.
34-40-5. Violation of chapter as misdemeanor.Any person who violates any of the provisions of this chapter shall be guilty of a Class 2 misdemeanor. Source: SL 1967, ch 33, 5; SL 1977, ch 190, 120.
34-42-1. Definitions.Terms used in this chapter mean:(1)"Approved," acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters as set forth in this chapter. A listed portable oil-fueled heater may be approved if it satisfies the requirements set forth in this chapter and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that is listed and in compliance with the provisions of this chapter;(2)"Listed," any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by the agency or bears the mark, name or symbol of the agency as indication that it has been so authorized. The evaluation shall include but not be limited to evaluation of the requirements set forth in this chapter;(3)"Oil," any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene;(4)"Portable oil-fueled heater," any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another;(5)"Structure," any building or completed construction of any kind, including but not limited to, private dwellings or to any structure used for business, commercial, or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes. Source: SL 1983, ch 257, 1.
34-42-2. Approval required for sale--Use prohibited in certain structures.Approved portable oil-fueled heaters may be offered for sale, sold, and used in structures in this state except in places of assembly, educational, health care, multi-family dwellings, or detention occupancies as defined by the National Fire Protection Association's 101 Life Safety Code as in effect January 1, 1983. Portable oil-fueled heaters which are not approved may not be offered for sale, sold, or used in this state. Source: SL 1983, ch 257, 2.
34-42-3. Requirements for approval--Labeling.Approved portable oil-fueled heaters shall adhere to the following requirements:(1)Approved portable oil-fueled heaters shall have labeling affixed thereto to caution and inform concerning:(a)Provision of an adequate source of ventilation when the heater is in operation;(b)Use of only suitable fuel for the heater;(c)Proper manner of refueling;(d)Proper placement and handling of the heater when in operation; and(e)Proper procedures for lighting, flame regulation and extinguishing the heater;(2)Approved portable oil-fueled heaters shall be packaged with instructions to inform concerning proper maintenance and operation;(3)Approved portable oil-fueled heaters shall be constructed with a low center of gravity and minimum tipping angle of thirty-three degrees from the vertical with an empty reservoir;(4)Approved portable oil-fueled heaters shall have an automatic safety shut-off device or inherent design feature which eliminates fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31; and(5)Approved portable oil-fueled heaters shall not produce carbon monoxide at rates which create a hazard if operated as intended and instructed. Source: SL 1983, ch 257, 3.
34-42-4. Jurisdiction of Department of Public Safety--Chapter exclusive.The Department of Public Safety has jurisdiction over the sale and use of portable oil-fueled heaters. The provisions of this chapter exclusively govern the sale and use of portable oil-fueled heaters in this state. Source: SL 1983, ch 257, 4; SL 2003, ch 272, 20, 121.
34-42-5. Violations as misdemeanor.A violation of 34-42-2 or 34-42-3 is a Class 2 misdemeanor. Source: SL 1983, ch 257, 5.
34-43-1. Definition of inspection warrant.An inspection warrant is a written order in the name of a county or municipality signed by a magistrate judge or circuit court judge, directed to a county or municipal official, commanding him to conduct any inspection required or authorized by state or local law or regulation relating to building, housing, fire, safety, plumbing, electrical, health, or zoning. Source: SL 1986, ch 290, 1.
34-43-2. Affidavit in support of warrant--Contents--Notice where prior consent refused.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.
34-43-3. Cause to issue warrant--Legislative or administrative standards satisfied or condition of nonconformity.Cause shall exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, or premises, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, or premises. Source: SL 1986, ch 290, 3.
34-43-4. Examination of applicant and other witnesses by magistrate or judge.Before issuing an inspection warrant, the magistrate judge or circuit court judge may examine on oath the applicant and any other witness and shall satisfy himself of the existence of grounds for granting such application. Source: SL 1986, ch 290, 4.
34-43-5. Issuance of warrant by magistrate or judge--Description of premises, purpose, and limitations of inspection.If the magistrate judge or circuit court judge is satisfied that cause for the inspection exists, he shall issue the warrant particularly describing each place, dwelling, structure, or premises to be inspected and designating on the warrant the purpose and limitations of the inspection. Source: SL 1986, ch 290, 5.
34-43-6. Duration of effectiveness of warrant--Extension or renewal--Return to magistrate or judge--Void after expiration.An inspection warrant is effective for the time specified therein, but for no more than fourteen days, unless extended or renewed by the magistrate judge or circuit court judge who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant shall be executed and returned to the magistrate judge or circuit court judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void. Source: SL 1986, ch 290, 6.
34-43-7. Prohibited inspections--Exceptions.An inspection made pursuant to a warrant authorized by 34-43-1 to 34-43-8, inclusive, may not be made between six p.m. of any day and eight a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, or premises unless specifically authorized by the magistrate judge or circuit court judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection may not be made by means of forcible entry, except if expressly authorized by the magistrate judge or circuit court judge if the facts are sufficient to create a reasonable suspicion of a violation of a state or local law or regulation relating to building, housing, fire, safety, plumbing, electrical, health, or zoning, which, if such violation existed, would be a direct threat to health or safety, and if the facts establish that reasonable attempts to serve a previous warrant have been unsuccessful. Source: SL 1986, ch 290, 7.
34-43-8. Refusal to permit inspection by warrant as misdemeanor.Any person who willfully refuses to permit an inspection lawfully authorized by a warrant issued pursuant to 34-43-1 to 34-43-8, inclusive, is guilty of a Class 2 misdemeanor. Source: SL 1986, ch 290, 8.
34-44-1. Definitions.Terms used in this chapter mean:(1)"Board," the Board of Minerals and Environment;(2)"Asbestos contractor," any person that undertakes an asbestos project, including inspections for asbestos-containing materials, prepares an asbestos management plan, or designs or carries out an asbestos abatement project;(3)"Department," Department of Agriculture and Natural Resources;(4)"Trained worker," any person who has successfully completed specified training in and can demonstrate knowledge of the health and safety aspects of working with asbestos;(5)"Worker," an employee or agent of an asbestos contractor or facility owner or operator who has minimal awareness training. Source: SL 1988, ch 284, 1; SL 1990, ch 280, 1; SL 1991, ch 17 (Ex. Ord. 91-4), 17; SL 2021, ch 1 (Ex. Ord. 21-3),  53, eff. Apr. 19, 2021.
34-44-10. Asbestos abatement certificate--Requirements for issuance to contractor.The department shall issue an asbestos abatement certificate to any asbestos contractor who:(1)Successfully completes an approved training course;(2)Demonstrates that each of his workers who works on or is directly responsible for an asbestos abatement project is certified under 34-44-13 and 34-44-14 as appropriate;(3)Certifies that he has read, understands and shall comply with the applicable state and federal rules on asbestos abatement. Source: SL 1988, ch 284, 8.
34-44-11. Application for contractor's certification or renewal--Failure to obtain as misdemeanor.An asbestos contractor shall apply for a certification or renewal of a certification according to the procedures established by the board. Failure to obtain certification or renewal thereof is a Class 1 misdemeanor. Source: SL 1988, ch 284, 9.
34-44-12. Suspension or revocation of contractor's certificate--Grounds.The department may suspend or revoke, pursuant to chapter 1-26, an asbestos abatement certificate issued to an asbestos contractor under 34-44-10 if the asbestos contractor:(1)Fraudulently obtains or attempts to obtain a certificate;(2)Fails at any time to satisfy the qualifications for a certificate or to comply with rules adopted by the board under this chapter;(3)Fails to meet any applicable state or federal standard relating to asbestos abatement;(4)Permits an untrained worker to work on an asbestos abatement project;(5)Employs a worker who fails to comply with applicable state or federal rules relating to asbestos abatement. Source: SL 1988, ch 284, 10.
34-44-13. Worker to hold certificate--Violation as misdemeanor--Civil penalty.No worker may work on an asbestos abatement project unless the person holds a certificate issued by the department. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is also subject to a civil penalty not to exceed one thousand dollars per day of violation. Source: SL 1988, ch 284, 11.
34-44-14. Issuance of worker certificate--Training course.The department shall issue an asbestos abatement certificate to a worker who successfully completes an asbestos abatement training course approved by the department. Source: SL 1988, ch 284, 12.
34-44-15. Worker review course as condition of certificate renewal--When required.If the department determines there is a need for a new category of workers or need to update the workers' training in order to meet new or changed conditions, the board may require the worker, as a condition of certificate renewal, to successfully complete an approved asbestos abatement review course. Source: SL 1988, ch 284, 13.
34-44-16. Procedure for submitting certificate and renewal application.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.
34-44-17. Suspension or revocation of contractor's or worker's certificate.The department may suspend or revoke a certificate pursuant to chapter 1-26 if an asbestos contractor or worker fails to comply with any provisions of this chapter or with rules promulgated pursuant to chapter 34A-1 as they apply to asbestos projects. Source: SL 1988, ch 284, 15.
34-44-18. Approval of alternative procedure on case-by-case basis.The department may approve in writing, on a case-by-case basis, an alternative to a specific worker and public health protection requirement for an asbestos abatement project if the asbestos contractor or facility owner or operator submits a written description of the alternative procedure and demonstrates to the department's satisfaction that the proposed alternative procedure provides worker and public health protection equivalent to the protection that would be provided by the waived provisions. Source: SL 1988, ch 284, 16.
34-44-19. Rules for approval of training courses--Approval required to offer training.The board shall promulgate rules pursuant to chapter 1-26 to provide for approval of courses that satisfy training requirements for asbestos contractors to meet in order to qualify for certification under this chapter. The board shall also by rule provide for mandatory courses that workers shall successfully complete to become certified under this chapter. No person may offer asbestos training without approval. Source: SL 1988, ch 284, 17.
34-44-2. School building defined.For the purpose of this chapter, "school building" includes any of the following:(1)Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food;(2)Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;(3)Any other facility used for the instruction or housing of students or for the administration of educational or research programs;(4)Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this section;(5)Any portico or covered exterior hallway or walkway of a facility described in this section;(6)Any exterior portion of a mechanical system used to condition interior space of a facility described in this section. Source: SL 1988, ch 284, 1A.
34-44-20. Training approval requirements.The approval requirements established by the board under 34-44-19 shall reflect the level of training that a course provider shall offer to satisfy the certification requirements under 34-44-10 and the certification requirements under 34-44-14. Source: SL 1988, ch 284, 18.
34-44-21. Contents of training course.In order to be approved under 34-44-19, a training course shall at least include material relating to:(1)The characteristics and uses of asbestos and the associated health hazards;(2)Local, state, and federal standards and laws relating to asbestos abatement work practices;(3)Methods to protect personal and public health from asbestos hazards;(4)Air monitoring;(5)Safe and proper asbestos abatement techniques; and(6)Proper disposal of waste containing asbestos. Source: SL 1988, ch 284, 19.
34-44-22. Ability and proficiency of person providing training course to be demonstrated.In addition to the requirements under 34-44-21, the person providing a training course for which approval is sought shall demonstrate the person's ability and proficiency to conduct the training to the department's satisfaction. Source: SL 1988, ch 284, 20; SL 2011, ch 165, 5.
34-44-23. Training course materials and records to be made available--Access to training sessions.Any person providing approved asbestos abatement training shall make available to the department for audit purposes, at no cost to the department, all course materials, records, and access to training sessions. Source: SL 1988, ch 284, 21.
34-44-24. Procedure for submitting approval and renewal applications.Applications for approval and renewals of approval shall be submitted according to procedures established by the board through rules promulgated pursuant to chapter 1-26. Source: SL 1988, ch 284, 22.
34-44-25. Suspension or revocation of training course approval.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.
34-44-26. Rules for training reciprocity.The board shall promulgate rules pursuant to chapter 1-26 to establish provisions for reciprocity to allow a worker or asbestos contractor trained in another state to use such training to satisfy South Dakota certification requirements, if the department finds that the training received in the other state would meet the requirements of this chapter. Source: SL 1988, ch 284, 24.
34-44-27. Rules adopting fee schedule--Amount of fees--Payment and deposit--Nonrefundability.The board by rule promulgated pursuant to chapter 1-26 may adopt a fee schedule for those applying for certification not to exceed one hundred dollars for application for a new certification and not to exceed fifty dollars for a renewal of a certificate. The fees shall be paid to the department upon application for a certificate and shall be deposited in the environment and natural resources fee fund established pursuant to 1-41-23. The fees are nonrefundable. Source: SL 1988, ch 284, 25; SL 1994, ch 23, 5; SL 2021, ch 1 (Ex. Ord. 21-3), 14, eff. Apr. 19, 2021.
34-44-29. Certification as bid requirement.Any public agency requesting bids for a proposed asbestos project shall include as a bid requirement that any asbestos contractor providing a service be certified pursuant to this chapter. Source: SL 1988, ch 284, 27.
34-44-3. Promulgation of rules to establish asbestos abatement training program.The board shall promulgate rules pursuant to chapter 1-26 to establish an asbestos abatement training program that assures the proper and safe abatement of asbestos hazards through asbestos contractor certification and worker certification. The rules shall specifically include, but not be limited to:(1)Criteria for asbestos contractor certification and training;(2)Criteria for worker certification and training.No rule adopted pursuant to this chapter may be more stringent than those promulgated by the environmental protection agency under authority of federal laws governing the control of asbestos. However, the Board of Minerals and Environment shall promulgate rules to require that workers, asbestos contractors, supervisors, designers, management planners, and inspectors dealing with demolition or renovation projects under the National Emissions Standards for Hazardous Air Pollutants be certified. Source: SL 1988, ch 284, 2; SL 1990, ch 280, 2.
34-44-30. Responsibility of Department of Agriculture and Natural Resources.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.
34-44-31. Inspection of asbestos abatement project--Entry without notice or warrant--Waiver requirement as condition of certification or approval.The department may enter any asbestos abatement project during any time the asbestos contractor is conducting activity without notice or warrant for the purpose of inspections to determine compliance with this chapter. All records and documents necessary to determine compliance with this chapter shall be made available upon request without warrant to the department or its representative. The department shall require any person certified or approved under this chapter, as a condition of such certification or approval, to execute a waiver of any state or federal right relating to notice, hearing, or warrant regarding the inspections allowed by this section. Source: SL 1988, ch 284, 29.
34-44-32. Responsibility of counties for providing disposal sites.Each county of the state shall be responsible for providing a disposal site for asbestos-containing materials which has been approved by the department. Such sites may include those made available through written agreements with other counties or subdivisions of government. Source: SL 1988, ch 284, 30.
34-44-33. Certain persons not required to be certified.Persons who carry out action, as defined in the Asbestos Hazard Emergency Response Act of 1986 sections 203(f) and 204(c) are not required to be certified. Source: SL 1988, ch 284, 31.
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.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.
34-44-4. Training requirements--Sublevels of contractors and workers.In establishing the training requirements under 34-44-3, the board shall adopt appropriate training requirements that reflect the different levels of responsibility of the asbestos contractor or worker, so that within the category of asbestos contractor, sublevels shall be separately certified or exempted and within the category of worker, sublevels shall be separately certified or exempted. Source: SL 1988, ch 284, 3.
34-44-5. Certificate required of asbestos contractor--Violation as misdemeanor--Civil penalty.No asbestos contractor may work on an asbestos project unless the asbestos contractor holds a certificate issued by the department under 34-44-10. A violation of this section is a Class 1 misdemeanor. In addition any person who violates this section is subject to a civil penalty not to exceed one thousand dollars per day of violation. Source: SL 1988, ch 284, 4.
34-44-6. Responsibility of asbestos contractor for handling and delivery of friable asbestos material--Penalty for violation.The asbestos contractor carrying out an asbestos project is responsible for the safe and proper handling and delivery of waste that includes friable asbestos material to a landfill authorized to receive such waste. A violation of this section is a Class 1 misdemeanor.In addition, any person who violates this section is subject to a civil penalty not to exceed one thousand dollars per day of violation. Source: SL 1988, ch 284, 5; SL 1990, ch 280, 3; SL 1993, ch 254.
34-44-7. Duty of owner or operator to employ only certified asbestos contractors.An owner or operator of a facility containing asbestos shall allow only certified asbestos contractors to perform asbestos projects. Source: SL 1988, ch 284, 6.
34-44-8. Duty of owner, operator, etc., to specify in bid document whether project involved asbestos-containing materials--Violation as misdemeanor.An owner, operator, or person responsible for soliciting bids, proposals, or quotations for any project, as provided in this chapter unless such project work is exempt under applicable state and federal law, shall, as part of the bid document, specify whether the project does or does not involve asbestos-containing materials including the type, location, and quantity of any asbestos-containing materials. A violation of this section is a Class 1 misdemeanor. Source: SL 1988, ch 284, 6A; SL 1990, ch 280, 4.
34-44-9.1. No claim against certified contractor--Insurance.If asbestos abatement is a part of any project, neither the owner, employees or agents of the owner, nor any other person may have any claim, right, or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbestos abatement subcontractor. Unless exempt under applicable state and federal law, no asbestos abatement work may be performed except by a certified asbestos contractor. A certified asbestos abatement subcontractor shall hold the owner and general contractor harmless from any liability arising from such subcontractor's activities on the project. A certified asbestos abatement contractor shall cause the owner and, if acting as a subcontractor, the general contractor to be named as additional insureds and provide sufficient proof of insurance for purposes of this section. Source: SL 1990, ch 280, 6.
34-44-9. Duty of owner or operator to ensure that employees work under certified asbestos contractors and meet worker requirements--Violation as misdemeanor--Civil penalty.Any facility owner or operator whose own employees renovate or demolish a facility may allow the employees to work on asbestos abatement projects only if the employees are under the direction of an asbestos contractor who complies with the training and certification requirements established under 34-44-10 and the employees comply with the worker requirements of 34-44-13 and 34-44-14. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is also subject to a civil penalty not to exceed one thousand dollars per day of violation. Source: SL 1988, ch 284, 7; SL 1990, ch 280, 4A.
34-45-1. Definitions.Terms used in this chapter mean:(1)"Basic 911," any service which provides the user of a calling device, which utilizes any communications technology, the ability to reach a public safety answering point to report police, fire, medical, or other emergency situations by dialing 911;(2)"Board," the South Dakota 911 Coordination Board created pursuant to 34-45-18;(3)"Enhanced 911," any system which provides the user of a calling device, which utilizes any communications technology, the ability to reach a public safety answering point by dialing the digits 911, and which routes that call to the appropriate public safety answer point and which automatically provides information about the service user to a 911 dispatcher including the user's name, location, call back number, and assigned emergency responders;(4)"Governing body," the board of county commissioners of a county or the governing body of a municipality;(5)"Interconnected Voice-over Internet Protocol (VoIP) service," any service with the following characteristics:(a)Enables real-time two-way voice communication;(b)Requires a broadband connection from the user's location;(c)Requires internet protocol-compatible customer premise equipment; and(d)Permits users generally to receive calls that originate and terminate on the public switched telephone network;(6)"911 emergency reporting system" or "911 system," any telecommunications service system consisting of network, database, and on-premises equipment which utilizes the single three-digit number 911 for reporting police, fire, medical, or other emergency situation;(7)"911 emergency surcharge," any charge set by this chapter and assessed on any service user of any telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service, which physically terminates or originates within the governing body's designated 911 service area. The 911 emergency surcharge shall be assessed and remitted for Interconnected Voice over Internet Protocol and wireless telecommunications service based upon the service user's place of primary use. Notwithstanding any other provision of this chapter and for purposes of the surcharge imposed by this chapter, the surcharge imposed upon wireless telecommunication services shall be administered in accordance with 4 U.S.C. 116-126;(8)"Nonrecurring costs," any capital or start-up expenditure such as telecommunications equipment, software, database, initial training, and the purchase or lease of subscriber names, addresses, and telephone information;(9)"Place of primary use," the street address where the customer's use of the communications service primarily occurs or the customer's registered location on the date the customer is billed;(10)"Prepaid wireless service consumer," any person who purchases prepaid wireless telecommunications service in a retail transaction;(11)"Prepaid wireless service provider," any person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission;(12)"Prepaid wireless service seller," any person who sells prepaid wireless telecommunications service to prepaid wireless service consumer; (13)"Prepaid wireless telecommunications service," any telecommunications service that provides the right to utilize a mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which are paid for in advance and sold in predetermined units or dollars which decline with use in a known amount;(14)"Public agency," any county or municipality that has adopted an ordinance pursuant to 34-45-2;(15)"Public safety answering point," any twenty-four hour communications facility which receives all 911 service calls and reroutes the requestor or information to appropriate public or private safety agencies;(16)"Recurring costs," any costs such as network access fee and other telephone charges, software, equipment, database management, maintenance, charges to maintain database of subscriber names, addresses, and telephone information from the local exchange access company. Recurring costs may include personnel expenses for a public safety answering point;(17)"Registered location," the most recent information obtained by an Interconnected Voice over Internet Protocol service provider that identifies the physical location of an end user;(18)"Service provider," any person or entity providing, offering to provide, or selling telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service;(19)"Service supplier," any person or entity who provides or offers to provide 911 system equipment, installation, maintenance, or exchange access services within the 911 service access area;(20)"Service user," any person who purchases telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service in this state without intent for resale;(21)"Service user line," the means by which a service user may place a call to a public safety answering point through the use of a telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service. In the case of multi-station network systems, service user lines shall be equal to the number of calls that can simultaneously be made from such system to the public switched telephone network;(22)"Telecommunications service," the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwave, electromagnetic means, or other similar means. The term does not include the provision of terminal equipment used to originate or terminate such service, broadcast transmissions by radio, television, and satellite stations regulated by the Federal Communications Commission and one-way cable television service;(23)"Wireless telecommunications service," commercial mobile radio service, as such term is defined in 47 C.F.R. 203 as of January 1, 2008. Source: SL 1989, ch 303, 1; SL 1992, ch 60 2; SL 1993, ch 255, 1; SL 1995, ch 200; SL 2002, ch 61, 3; SL 2006, ch 188, 1; SL 2008, ch 176, 1; SL 2012, ch 188, 22.
34-45-11. Contracts for administration of 911 service.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.
34-45-12.911 coordination fund--Distributions to public safety answering points.There is hereby created within the state treasury the South Dakota 911 coordination fund. Any funds collected from prepaid wireless telecommunications service pursuant to 34-45-4.2 shall be deposited in the South Dakota 911 coordination fund. Any money in the South Dakota 911 coordination fund is continuously appropriated for reimbursement of allowable nonrecurring and recurring costs of 911 service and operating expenses of the board. The board shall authorize disbursements from the fund pursuant to this chapter for the expenses of the board and for approved nonrecurring and recurring costs requested by the governing body of eligible 911 public safety answering points. The board may solicit proposals to coordinate and implement an upgrade to the 911 emergency service system of all public safety answering points. The funds may be disbursed for the purpose of planning, coordinating, purchasing, installing, maintaining, and operating, an upgrade to the 911 emergency services system. Any interest earned on money in the fund shall be credited to the fund. Source: SL 1989, ch 303, 12; SL 2008, ch 176, 12; SL 2010, ch 179, 2; SL 2012, ch 188, 16.
34-45-13. Pay telephone--No coins required to dial 911.When any 911 system becomes operational or as soon as feasible thereafter, each provider or other owner or lessee of a pay station telephone to be operated within the 911 service area shall convert each telephone to permit a caller to dial 911 without first inserting a coin or paying any other charge and prominently display on each pay telephone a notice advising callers to dial 911 in an emergency and that deposit of a coin is not required. No person may install or offer for use within the 911 service area any pay station telephone unless the telephone is capable of facilitating a 911 call without prior insertion of a coin or payment of any other charge and unless the telephone displays notice of free 911 service. Source: SL 1989, ch 303, 13.
34-45-14. Private listings furnished to 911 system.Any private listing subscriber in 911 service area shall waive the privacy afforded by nonlisted or nonpublished numbers to the extent that the name and address associated with the telephone number may be furnished to the 911 system, for call routing, for automatic retrieval of location information, and for associated emergency services. Source: SL 1989, ch 303, 14.
34-45-17. Immunity from liability.The 911 emergency reporting system provided by this chapter is within the governmental powers and authority of the governing body or public agency. In contracting for the 911 emergency reporting system or the provisioning of the 911 service, except for willful or wanton negligence or intentional acts, the board, the governing body, the public agency, the service provider, the prepaid wireless service provider, the prepaid wireless service seller, and the service supplier, their employees and agents, are immune from liability for a failure in the use or operation of the 911 system. The immunity provided by this section does not extend to the installation or maintenance of the 911 system. Source: SL 1992, ch 253; SL 2008, ch 176, 13; SL 2010, ch 179, 3; SL 2012, ch 188, 17.
34-45-18.1. Board representatives.The South Dakota 911 Coordination Board created pursuant to 34-45-18 shall consist of representatives from each of the following groups as appointed by the Governor for three-year terms, the initial appointments shall be for staggered terms:(1)One representative of the South Dakota Chapter of the Association of Public Safety Communication Officials;(2)One representative of the Dakota Chapter of the National Emergency Number Association;(3)Two representatives who are South Dakota service providers;(4)One representative who is an employee of the South Dakota Department of Public Safety;(5)Two representatives of the South Dakota Association of County Commissioners;(6)Two representatives of the South Dakota Municipal League;(7)One representative of the South Dakota Police Chiefs Association; and(8)One representative of the South Dakota Sheriffs Association.The Governor shall be provided with a list of ten persons for each board position from each group represented. The Governor has the authority to reject any or all names provided. The Governor may also remove any person appointed to the board at any time without cause. The board may conduct public hearings to develop and recommend standards for operation and utilization of public safety answering points. Source: SL 1999, ch 177, 3; SL 2008, ch 176, 15.
34-45-18.2. Promulgation of rules regarding operational standards, coordination of service, and expenditures.The board may promulgate rules pursuant to chapter 1-26 setting:(1)Minimum technical, operational, and procedural standards for the operation and utilization of a public safety answering point;(2)Requirements and amounts for reimbursement of recurring and nonrecurring costs;(3)Standards for coordination of effective 911 service on a statewide basis; and(4)Allowable expenditures of the 911 emergency surcharge proceeds collected pursuant to 34-45-4.No public safety answering point may be required to comply with the provisions of ARSD 50:02:04:02(2), unless the next generation 911 initiative has been implemented. The board shall determine when the next generation 911 initiative is operational. The board shall notify each public safety answering point not complying with the provisions of this rule when this determination has been made. The public safety answering point shall comply with the provisions of the rule within ninety days. However, any public safety answering point that submits a written request to the board to opt out of the provisions of ARSD 50:02:04:02(2) may only receive seventy-five cents of each surcharge assessed pursuant to 34-45-4 that is to be remitted such public safety answering point. The remaining surcharge assessment shall be deposited in the public safety 911 emergency fund. Source: SL 1999, ch 177, 4; SL 2008, ch 176, 16; SL 2010, ch 179, 5; SL 2011, ch 163, 2; SL 2012, ch 188, 18.
34-45-18.4. Future public safety points to consist of two or more local government entities.Beginning on July 1, 1999, no new public safety answering points may be established, unless they include two or more local government entities. Nothing in this section prohibits an unserved area from contracting or joining with an existing public safety answering point. Source: SL 1999, ch 177, 6.
34-45-18.5. State may contract with public safety answering point for emergency services.The state may contract with any existing public safety answering point to provide emergency services pursuant to the joint powers provisions of chapter 1-24. Source: SL 1999, ch 177, 7.
34-45-18.6. Record keeping by service providers and prepaid wireless service sellers.Any service provider collecting and remitting the surcharge imposed by 34-45-4 or prepaid wireless service seller collecting and remitting the surcharge imposed by 34-45-4.2 shall keep records of all receipts and telecommunications service sales. The records are, at all times during business hours of the day, subject to inspection by the Department of Revenue to determine the amount of surcharge due. The records shall be preserved for a period of three years unless the secretary of the Department of Revenue, in writing, authorized their destruction or disposal at an earlier date. Source: SL 2012, ch 188, 19.
34-45-18.7. Promulgation of rules regarding returns, records, and audits.The secretary of the Department of Revenue may promulgate rules, pursuant to chapter 1-26, concerning:(1)The filing of returns and payment of the surcharges imposed by this chapter;(2)Determining the application of the surcharges imposed by this chapter;(3)Record-keeping requirements; and(4)Determining auditing methods. Source: SL 2012, ch 188, 20.
34-45-18.8. Prohibited conduct--Misdemeanor.Any person who:(1)Makes any false or fraudulent return in attempting to defeat or evade the surcharge imposed by 34-45-4 or 34-45-4.2 is guilty of a Class 1 misdemeanor;(2)Fails to pay the surcharge collected pursuant to the provisions of this chapter within sixty days from the date the surcharge becomes due is guilty of a Class 2 misdemeanor;(3)Fails to keep the records required by this chapter or refuses to exhibit these records to the Department of Revenue for the purpose of examination is guilty of a Class 2 misdemeanor;(4)Fails to file a return required by this chapter within sixty days from the date the return is due is guilty of a Class 2 misdemeanor;(5)Willfully violates any rule of the secretary for the administration and enforcement of the provisions of this chapter is guilty of a Class 2 misdemeanor; or(6)Fails to submit a 911 emergency surcharge registration after having been notified in writing by the secretary of the Department of Revenue that the person is subject to the provisions of this chapter is guilty of a Class 2 misdemeanor. However, it is not a violation of this subdivision if the person submits a registration and meets all lawful prerequisites for registering within ten days from receipt of written notice from the secretary.For purposes of this section, the term, person, includes corporate officers, member-managers or managers of limited liability companies, or partners that control, supervise, or are charged with the responsibility of filing the returns or remitting the payments pursuant to this chapter. Source: SL 2012, ch 188, 21.
34-45-18.911 Coordination Board established.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.
34-45-19. Board attached to Department of Public Safety--Coordinator.The board is attached to the Department of Public Safety for administrative purposes. The department shall assist the board and coordinate the development of the coordinated statewide 911 system. The board may employ a 911 coordinator within the department to assist with the coordination of the statewide 911 system. Source: SL 1998, ch 214, 2; SL 2008, ch 176, 18.
34-45-2. Ordinances in effect on January 1, 2012 authorizing 911 emergency reporting system--Surcharge.If the governing body of a public agency had adopted an ordinance authorizing a 911 emergency reporting system which was in effect on January 1, 2012, the ordinance remains in effect for establishing such 911 service area unless amended or repealed by the public agency. Any provision in the ordinance establishing a surcharge is no longer in effect after July 1, 2012. Source: SL 1989, ch 303, 2; SL 2008, ch 176, 2; SL 2012, ch 188, 1.
34-45-20. Board duties.The board shall:(1)Evaluate all of the current public safety answering points and systems throughout the State of South Dakota for their capability to adequately and efficiently administer systems;(2)Develop plans for the implementation for a uniform statewide 911 system covering the entire state or so much as is practicable;(3)Monitor the number and location of public safety answering points or systems and the use of 911 emergency surcharge funds in their administrative and operational budgets;(4)Develop criteria and minimum standards for operating and financing public safety answering points or systems;(5)Develop criteria for the eligibility and amount of reimbursement of recurring and nonrecurring costs of public safety answering points or systems;(6)Develop criteria for the implementation of performance audits of the use of the 911 fees utilized in the operation of the 911 system. The audit shall be conducted by the Department of Legislative Audit and shall be presented to the board and the Legislature; (7)Report annually to the Government Operations and Audit Committee about the operations and findings of the board and any recommendations for changes in the surcharges imposed by this chapter and the distribution of the revenue; and(8)Report annually to the Governor and the Legislature about the operations and findings of the board and any recommendations for changes to 911 service in the state. Source: SL 1998, ch 214, 3; SL 2008, ch 176, 19; SL 2012, ch 188, 23.
34-45-21.911 financial information.Each 911 emergency reporting system created by a governing body of a public corporation pursuant to an ordinance authorized by 34-45-2 shall cooperate fully with the board and provide operational and financial information in a timely manner as prescribed by the board. Source: SL 1998, ch 214, 4; SL 2010, ch 179, 4.
34-45-22."911 Telecommunicator" defined.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.
34-45-23."Commission" defined.The term, commission, as used in 34-45-22 to 34-45-32, means the Law Enforcement Officers Standards Commission created pursuant to 23-3-28 and 23-3-30. Source: SL 1998, ch 142, 2.
34-45-24. Training required for employment.No person may be appointed as a 911 telecommunicator, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of 911 telecommunicator training at a school approved by the commission. No 911 telecommunicator may be employed on a temporary or probationary basis beyond one year if the telecommunicator lacks the educational and training qualifications required by the commission. However, in municipalities of the third class, a 911 telecommunicator's probationary period may be extended for one additional year. Source: SL 1998, ch 142, 3.
34-45-25. Effective date.The effective date of 34-45-24 is July 1, 1999. Source: SL 1998, ch 142, 4.
34-45-26. Qualifications for employment and training.The commission shall, by rules promulgated pursuant to chapter 1-26, establish qualifications for the employment and training of 911 telecommunicators which relate to the competence and reliability of a person to assume and discharge the responsibilities of a 911 telecommunicator. The qualifications shall include minimum age, education standards, physical standards, mental standards, citizenship, character, competence, experience, and reliability. The commission shall, by rules promulgated pursuant to chapter 1-26, prescribe the means by which a person may demonstrate fulfillment of the qualifications. Source: SL 1998, ch 142, 5.
34-45-27. Commission reserves right to refuse application.Notwithstanding 23A-27-14 and 23A-27-17, the commission may refuse the application of any person who seeks certification as a 911 telecommunicator or may revoke the certification of any 911 telecommunicator if the person or the 911 telecommunicator has received an order pursuant to 23A-27-13. Source: SL 1998, ch 142, 6.
34-45-28. Prior requirements sufficient for continued employment.The Legislature finds that any person serving as a 911 telecommunicator on July 1, 1999, meets any requirements established pursuant to 34-45-26 as a condition of tenure or continued employment and no further evidence of qualifications may be required by the commission. Source: SL 1998, ch 142, 7.
34-45-29. Promulgation of rules regarding training and certification--Establishment of criteria for revocation or suspension of certification.The commission may promulgate rules pursuant to chapter 1-26:(1)To require the submission of reports and information by a public safety answering point, as defined by subdivision 34-45-1(10), within this state;(2)To establish minimum educational and training standards for admission to temporary or probationary employment as a 911 telecommunicator;(3)To certify persons as being qualified as 911 telecommunicators under the provisions of 34-45-22 to 34-45-30, inclusive;(4)To establish criteria and procedure for the revocation or suspension of the certification of 911 telecommunicators who are convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause or engaged in conduct unbecoming a 911 telecommunicator;(5)Establish minimum curriculum requirements for preparatory, in-service and advanced courses and programs. Source: SL 1998, ch 142, 8.
34-45-3. Costs for installation, maintenance, or operation--Joint agreements among governing bodies.Any governing body may incur any nonrecurring or recurring costs for the installation, maintenance, or operation of a 911 system and may pay such costs in whole or in part from a 911 emergency surcharge. If the 911 system is to be provided for any territory included in the jurisdiction of the governing bodies of two or more public agencies the public agencies may enter into a joint agreement for such service. Source: SL 1989, ch 303, 3; SL 2008, ch 176, 3.
34-45-30. Responsibilities of the commission.The commission may:(1)Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and other institutions concerning the development of 911 telecommunicator training;(2)Make or encourage studies of any aspect of 911 telecommunicator administration;(3)Conduct and stimulate research by public and private agencies which shall be designed to improve 911 telecommunicator training and administration;(4)Make recommendations concerning any matter within its purview pursuant to 34-45-22 to 34-45-32, inclusive;(5)Make such evaluations as may be necessary to determine if governmental units are complying with the provisions of 34-45-22 to 34-45-32, inclusive;(6)Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to 34-45-22 to 34-45-32, inclusive. Source: SL 1998, ch 142, 9.
34-45-31. Creation of a 911 telecommunicator training fund.There is hereby created within the state treasury the 911 telecommunicator training fund into which shall be deposited moneys as provided by 23-3-53. All moneys in the fund created by this section are continuously appropriated for the purposes of training and certifying of 911 telecommunicators. The Division of Criminal Investigation shall authorize disbursements from the fund. Source: SL 1998, ch 142, 11.
34-45-32. Training programs established.The commission shall establish and maintain 911 telecommunicator basic, advanced, and in-service training programs. Source: SL 1998, ch 142, 13.
34-45-34. Enhanced 911 service.No later than July 1, 2010, each governing body and 911 system shall provide enhanced 911 service. Source: SL 2008, ch 176, 20.
  34-45-35  .  Call location information--Provision to law enforcement--Emergency.   A law enforcement agency or any public safety answering point on behalf of a law enforcement agency may request, from a wireless telecommunications carrier, information regarding the location of a telecommunications device, if the highest ranking person on duty at the agency authorizes the request based on a determination that:   (1) The information is necessary to facilitate the provision of emergency services; or   (2) There exists an emergency situation involving the immediate risk of death or serious physical harm.   Upon receiving a request under this section, a wireless telecommunications carrier shall immediately provide the location to the law enforcement agency, together with any known subscriber information and information regarding the last time the device was used.   Each wireless telecommunications carrier doing business in this state  shall provide to the Department of Public Safety a  phone number for law enforcement emergency support services. Each carrier shall review the phone number at least twice each year and notify the department of any changes immediately.    The department shall maintain the list of phone numbers and provide the list to every public safety answering point and to the South Dakota state radio system.   A claim for relief may not be brought in any court against any wireless service carrier or any other person who in good faith provides information regarding the location of a telecommunications device in accordance with this section.     Source:  SL 2020, ch 147,  1. 
34-45-4.2. Prepaid wireless 911 emergency surcharge.There is hereby imposed a prepaid wireless 911 emergency surcharge of two percent upon the gross receipts of each retail transaction for the purchase of prepaid wireless telecommunications service. The prepaid wireless surcharge shall be collected by the prepaid wireless service seller from the prepaid wireless service consumer during each retail transaction. For purposes of this section, the term, retail transaction, means when the purchase of a prepaid wireless telecommunications service is made in this state or has been determined to be a sale occurring in this state pursuant to 10-45-108. The amount of the prepaid wireless surcharge shall be separately stated on an invoice, receipt, or other similar document that is provided to the prepaid wireless service consumer by the prepaid wireless service seller. The service consumer is liable to pay the prepaid wireless surcharge imposed by this section. The prepaid wireless service seller is liable to collect and remit all prepaid wireless surcharges imposed by this section. The prepaid wireless service seller is not liable for any prepaid wireless surcharge imposed by this section if the prepaid wireless service seller is unable to collect the surcharge from the service consumer.If the amount of the prepaid wireless surcharge that is imposed by this section is separately stated on an invoice, receipt, or other similar document provided to the prepaid wireless service consumer, the prepaid wireless surcharge may not be included in the base for measuring any other tax, fee, surcharge, or other charge that is imposed by this state or its political subdivisions. If the prepaid wireless telecommunications service is sold with one or more other products or services for a single, non-itemized price, the prepaid wireless surcharge imposed by this section shall apply to the entire non-itemized price unless the prepaid wireless service seller elects to apply the surcharge to:(1)The amount of the prepaid wireless telecommunications service that is disclosed to the prepaid wireless service consumer as a dollar amount including the surcharge imposed by this section; or(2)The prepaid wireless service seller identifies the portion of the price that is attributable to the prepaid wireless telecommunications service by reasonable and verifiable standards from its books and records that are kept in the regular course of business.However, if the amount of prepaid wireless telecommunications service sold for a single, non-itemized price with one or more other products or services is denominated as ten minutes or less or as five dollars or less, the prepaid wireless service seller may elect not to collect any prepaid wireless surcharge for such retail transaction. Source: SL 2012, ch 188, 3.
34-45-4.3. Registration of entity required to collect and remit surcharge.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.
34-45-4. Monthly uniform 911 emergency surcharge per service user line.A monthly uniform 911 emergency surcharge of one dollar and twenty-five cents shall be assessed per service user line. The proceeds of the 911 emergency surcharge shall be used to pay for allowable nonrecurring and recurring costs of the 911 system. No 911 emergency surcharge may be imposed upon more than one hundred service user lines or equivalent service, per customer account billed, per month. In the case of multi-station network systems, the service user lines shall be equal to the number of calls that can simultaneously be made from the system to the public switched telephone network. No prepaid wireless telecommunications service is subject to the 911 emergency surcharge imposed under this section. Source: SL 1989, ch 303, 4; SL 1990, ch 281; SL 1991, ch 287; SL 1993, ch 255, 2; SL 2008, ch 176, 4; SL 2011, ch 163, 1; SL 2012, ch 188, 2; SL 2018, ch 208, 1.
34-45-5. Billing and collection of surcharge.Any service user in the state is liable for the applicable 911 emergency surcharge pursuant to 34-45-4. Any telecommunications service provider, wireless telecommunications service provider, or Interconnected Voice over Internet Protocol service provider shall collect and remit to the Department of Revenue the applicable 911 emergency surcharge which shall be stated separately in any billing statement, invoice, or receipt. Source: SL 1989, ch 303, 5; SL 2008, ch 176, 5; SL 2012, ch 188, 5.
34-45-6. Surcharge--Liability.Each service user is liable for any charge imposed pursuant to 34-45-4 until it has been paid to the service provider. Source: SL 1989, ch 303, 6; SL 2008, ch 176, 6.
34-45-7. Liability for collection and payment of service user line surcharges.Each telecommunications service provider, wireless telecommunications service provider, or Interconnected Voice over Internet Protocol service provider is liable to collect and remit the 911 emergency surcharges imposed by 34-45-4. The service user is liable for paying the 911 emergency surcharge imposed by 34-45-4. The service provider is not liable for any 911 emergency surcharge if the service provider is unable to collect the surcharge from the service user. Source: SL 1989, ch 303, 7; SL 2008, ch 176, 7; SL 2012, ch 188, 7.
34-45-8.2. Returns and reports filed electronically--Surcharges remitted by electronic transfer--Release of certain information to public safety answering points.Any entity who is registered pursuant to this chapter or any entity required to collect and remit the surcharges imposed by 34-45-4 or 34-45-4.2 shall file returns or reports by electronic means on a monthly basis with the Department of Revenue and shall remit the surcharges by electronic transfer on a monthly basis to the department unless the secretary of the Department of Revenue permits an entity to file returns or reports by nonelectronic means and permits an entity to remit surcharges by nonelectronic means. If an entity does not have internet access on the business premises, the secretary of revenue shall permit an entity to file returns or reports by nonelectronic means and permit an entity to remit surcharges by nonelectronic means.The Department of Revenue shall provide to the Department of Public Safety 911 emergency surcharge data and information from the returns or reports filed with the Department of Revenue. Notwithstanding any other provision of law, the Department of Public Safety or the Department of Revenue may provide 911 emergency surcharge data and information to a governing body or a public safety answering point only relating to the requesting governing body or public safety answering point. The governing body or public safety answering point may only contact the Department of Public Safety or Department of Revenue with questions relating to the requesting governing body or public safety answering point. Any data or information obtained by a governing body or public safety answering point pursuant to this section is confidential and may not be disclosed by the governing body or public safety answering point. Source: SL 2012, ch 188, 9; SL 2018, ch 209, 1.
34-45-8.3. Time for filing monthly return, report, and remittance--Penalty or interest.This section applies to any return, report, or remittance filed pursuant to 34-45-8.2. For any return or report that is required to be filed by electronic means, the return or report shall be filed by electronic means on or before the twentieth day of the month following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in 1-5-1, or a day the Federal Reserve Bank is closed, the return or report is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in 1-5-1, or a day the Federal Reserve Bank is closed.For any surcharge that is required to be remitted by electronic transfer, the surcharge shall be remitted on or before the twenty-fifth day of the month following each period. If the due date falls on a Saturday, Sunday, legal holiday enumerated in 1-5-1, or a day the Federal Reserve Bank is closed, the remittance is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in 1-5-1, or a day the Federal Reserve Bank is closed.If the secretary of the Department of Revenue permits any entity to file returns or reports by nonelectronic means, permits any entity to remit surcharges by nonelectronic means, or both, pursuant to 34-45-8.2, any return, report, or remittance which is required to be filed pursuant to 34-45-8.2 is timely filed if mailed, postage prepaid, on or before the twentieth day of the month following each period, and is received by the department. If the due date falls on a Saturday, Sunday, legal holiday enumerated in 1-5-1, or a day the Federal Reserve Bank is closed, the return, report, or remittance is timely filed if mailed, postage prepaid, on the next succeeding day which is not a Saturday, Sunday, legal holiday enumerated in 1-5-1, or a day the Federal Reserve Bank is closed. A United States Postal Service postmark is evidence of the date of mailing for the purpose of timely filing of returns, reports, or remittances.Penalty or interest under 10-59-6 shall be paid if a return or remittance is not made on time. Source: SL 2012, ch 188, 10; SL 2017, ch 65, 11.
34-45-8.6. Distribution of revenue to compliant public agencies and to public safety 911 emergency fund and 911 coordination fund.The Department of Revenue shall transfer the surcharges collected pursuant to 34-45-4 and 34-45-4.2 to the Department of Public Safety. The Department of Public Safety shall remit each month seventy percent of the revenue collected from the 911 emergency surcharges imposed by 34-45-4 to the public agency where the surcharges were collected. However, if the public safety answering point is not in compliance with the standards for operation and utilization of public safety answering points as determined by the board, the board shall notify the public agency receiving the revenue. If within ninety days the public safety answering point serving the public agency does not become compliant with the standards for operation or utilization or submit a plan to the board to be approved by the board, detailing how the public safety answering point will become compliant, the Department of Public Safety shall withhold the revenue from the public agency. If within one hundred eighty days of the notice given to the public agency, the public safety answering point does not become compliant or receive approval from the board of the plan to become compliant, the revenue collected within the public agency shall be deposited into the public safety 911 emergency fund created pursuant to 34-45-8.7. If within one hundred eighty days of the notice given to the public agency, the public safety answering point becomes compliant or receives approval from the board of a plan to become compliant, any revenue to the public agency withheld by the department shall be remitted to the public agency.The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay each public agency its share of the distribution. The Department of Public Safety shall deposit thirty percent of the revenue collected from the 911 emergency surcharges imposed by 34-45-4 into the public safety 911 emergency fund created pursuant to 34-45-8.7. The Department of Public Safety shall deposit all of the revenue collected from the prepaid wireless service surcharge imposed by 34-45-4.2 into the South Dakota 911 coordination fund created pursuant to 34-45-12. Source: SL 2018, ch 208, 2.
34-45-8.7. Public safety 911 emergency fund--Distributions to compliant public safety answering points and 911 coordination fund.There is hereby created within the state treasury the public safety 911 emergency fund. Any money in the public safety 911 emergency fund is continuously appropriated for distribution as provided in this section. A public safety answering point is eligible to receive a distribution from the public safety 911 emergency fund if the public safety answering point is in compliance with the standards for operation and utilization of public safety answering points as determined by the board and either serves a population of more than thirty thousand or covers an area that includes three or more counties. The board shall notify each public safety answering point when the list of public safety answering points eligible for funding pursuant to this section changes. The Department of Public Safety shall:(1)Distribute twenty-six percent of the money deposited in the fund based on the ratio of the population of each eligible public safety answering point to the population of all the eligible public safety answering points; and(2)Transfer seventy-four percent of the money deposited in the fund to the South Dakota 911 coordination fund.The Department of Public Safety shall base the allocation of money for population on the most recent decennial census of the United States Department of Commerce, Bureau of the Census and the population estimate published by the United States Census Bureau for each year ending in five. The Department of Public Safety shall make distributions from the public safety 911 emergency fund each quarter. The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay each public safety answering point its share of the distribution. Source: SL 2018, ch 208, 3.
34-45-9.1. Retention of surcharges by prepaid wireless service seller during first three months.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.
34-45-9. Administration costs.The service provider and prepaid wireless service seller may deduct and retain two percent of the collected amount or twenty-five dollars, whichever amount is greater, each month as the cost of administration for collecting the surcharge imposed by 34-45-4 and 34-45-4.2. No service provider or prepaid wireless service seller may deduct or retain the amount authorized by this section if the service provider or prepaid wireless service seller does not, in accordance with 34-45-8.2 and 34-45-8.3, timely file the return or report due by electronic means or does not timely remit the surcharge due by electronic means. Source: SL 1989, ch 303, 9; SL 1995, ch 201; SL 2008, ch 176, 10; SL 2012, ch 188, 13; SL 2013, ch 163, 1.
34-46-1. Definition of terms.Terms used in this chapter mean:(1)"Electronic smoking device," any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product;(2)"Proof of age," a driver's license, nondriver identification card, tribal identification card, or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid;(3)"Sample," tobacco products distributed to members of the general public at no cost for purposes of promoting the product;(4)"Sampling," the distribution of samples to members of the general public in a public place;(5)"Self-service display," a display that contains cigarettes or smokeless tobacco, or both, and is located in an area openly accessible to the merchant's consumers, and from which such consumers can readily access cigarettes or smokeless tobacco, or both, without the assistance of the merchant or an employee or agent of the merchant. A display case that holds tobacco products behind locked doors does not constitute a self-service display;(6)"Smoke" or "Smoking," the act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form;(7)"Tobacco product," any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products as defined in 34-46-20;(8)"Tobacco speciality store," a business that derives at least seventy-five percent of its revenue from the sale of tobacco products. Source: SL 1994, ch 280, 1; SL 2009, ch 170, 1; SL 2011, ch 13, 4; SL 2019, ch 155, 1.
34-46-10. Tobacco prevention and reduction plan--Programs or grants.The tobacco prevention and reduction plan and moneys allocated therefor may be used for the following programs or grants:(1)Community based programs;(2)School based programs;(3)State-wide programs;(4)Cessation programs;(5)Public education and counter marketing;(6)Enforcement of effective tobacco laws;(7)Evaluation of tobacco programs; or(8)Administration and oversight. Source: SL 2000, ch 174, 4.
34-46-12. Tobacco prevention and reduction trust fund.The tobacco prevention and reduction trust fund is established in the state treasury. Interest earned on money in the fund shall be credited to the fund. Any money from gifts, grants, or other funds may be deposited in the fund. The principal and interest may be appropriated by the Legislature from the fund. The fund shall be invested according to 4-5-23 and 4-5-26. Source: SL 2000, ch 174, 6.
34-46-13. Definition of terms used in 34-46-13 to 34-46-19.Terms used in this section and 34-46-14 to 34-46-19, inclusive, mean:(1)"Enclosed area," any space between a floor and a ceiling that is enclosed, exclusive of doorways, on all sides by permanent or temporary walls or windows;(2)"Place of employment," any enclosed area under the control of a public or private employer;(3)"Public place," any enclosed area to which the public is invited or in which the public is permitted. Source: SL 2009, ch 171, 3, approved eff. Nov. 10, 2010.
34-46-14. Smoking in public or place of employment prohibited--Petty offense.No person may smoke tobacco product or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense. Source: SL 2009, ch 171, 1, approved eff. Nov. 10, 2010; SL 2019, ch 155, 2.
34-46-15. Person controlling public place or place of employment to inform violators--Petty offense.Any person that owns, manages, operates, or otherwise controls a public place or place of employment shall inform persons violating 34-46-14 of the provisions thereof. A violation of this section is a petty offense. Source: SL 2009, ch 171, 2, approved eff. Nov. 10, 2010.
34-46-16. Inapplicability to private residences unless used for day care.The provisions of 34-46-13 to 34-46-15, inclusive, do not apply to any private residence unless the private residence is used for day care. Source: SL 2009, ch 171, 4, approved eff. Nov. 10, 2010.
34-46-17. Posted smoking rooms permitted in hotels and lodging establishments.The provisions of 34-46-13 to 34-46-15, inclusive, do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(7) or (9), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall be posted as a smoking room. Source: SL 2009, ch 171, 5, approved eff. Nov. 10, 2010.
34-46-18. Smoking permitted in certain licensed establishments where alcohol sold.The provisions of 34-46-13 to 34-46-15, inclusive, do not apply to any establishment licensed pursuant to subdivision 35-4-2(4), (6), (12), or (16) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements:(1)Generates ten percent or more of its annual gross income from the sale of cigars. For the purposes of this section, a cigar is any individual roll of tobacco that has a wrapper or cover consisting only of tobacco, that measures a number forty ring size or larger, and that is sold without a filter;(2)Has a humidor on the premises; and(3)Is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas.Any establishment meeting the requirements of this section may permit the smoking of cigars and any premium tobacco product purchased on the premises. However, no establishment may permit the smoking of any other tobacco product on the premises. The establishment shall post a notice of the prohibition.Any establishment meeting the requirements of this section shall annually report to the Department of Revenue, on a form prescribed by the department, the revenue generated from the sale of cigars as a percentage of annual gross income. Source: SL 2009, ch 171, 6, approved eff. Nov. 10, 2010; SL 2011, ch 1 (Ex. Ord. 11-1), 161, eff. Apr. 12, 2011.
34-46-19. Smoking permitted in certain retail tobacco stores.The provisions of 34-46-13 to 34-46-15, inclusive, do not apply to any retail tobacco store that meets the following requirements:(1)Generates sixty-five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products;(2)Is enclosed by solid walls or windows, a ceiling, and a solid door that provides egress to the outdoors; and(3)Does not allow the consumption of alcoholic beverages on the premises.Any retail tobacco store meeting the requirements of this section shall annually report to the Department of Revenue, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income. Source: SL 2009, ch 171, 7, approved eff. Nov. 10, 2010; SL 2011, ch 1 (Ex. Ord. 11-1), 161, eff. Apr. 12, 2011.
34-46-2.2. Merchants--Notice requirement--Contents.A merchant shall conspicuously post a notice, on the merchant's premises, stating that "No person under the age of 21 may be sold tobacco products."Any owner, lessee, or person having control of any cigarette vending machine shall post, in a conspicuous place on each machine in use within the state, a warning which shall be printed in bold type letters each of which shall be at least one-half inch high and which shall be kept in easily legible form and repair stating:"Any person under 21 years of age is forbidden by law to purchase cigarettes from this machine." Source: SL 2000, ch 185, 4; SL 2020, ch 148,  2.
34-46-2. Unlawful actions.The following actions are unlawful:(1)To knowingly sell or distribute a tobacco product to a person under the age of twenty-one;(2)To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of twenty-one;(3)To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of twenty-one;(4)To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;(5)To sell tobacco products through a vending machine located in a place other than a place that is open to the public but to which persons under the age of twenty-one are denied access at all times;(6)To sell cigarettes or smokeless tobacco, or both, through a self-service display other than a display that is:(a)A vending machine permitted under subdivision (5) of this section; or(b)Located in a tobacco speciality store; or(7)To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of twenty-one. Source: SL 1994, ch 280, 2; SL 1997, ch 206, 1; SL 1998, ch 215, 1; SL 2007, ch 199, 1; SL 2009, ch 170, 2; SL 2020, ch 148,  1.
34-46-20. Tobacco product includes vapor product.For the purposes of this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic smoking device, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose. Source: SL 2014, ch 173, 1; SL 2019, ch 155, 3.
34-46-21. Sale of vapor product outside package or through self-service display prohibited--Exception--Violation as misdemeanor.No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is:(1)A vending machine permitted under subdivision 34-46-2(5); or(2)Located in a tobacco specialty store.A violation of this section is a Class 2 misdemeanor. A person is not liable for more than one violation of this section on a single day. Source: SL 2014, ch 173, 2.
34-46-3. Unannounced, random inspections--Persons enlisted--Requirements.Each county state's attorney or a local law enforcement officer designated by the state's attorney shall annually conduct unannounced, random inspections at various locations where tobacco products are sold or distributed to ensure compliance with this chapter. Persons under the age of twenty-one may be enlisted to test compliance with this chapter. Such persons may be used to test compliance with this chapter only if the testing is conducted under the supervision of the county state's attorney or a local law enforcement officer designated by the state's attorney and written parental consent has been provided. Any other use of persons under the age of twenty-one to test compliance with this chapter is unlawful and the persons responsible for such use are subject to the penalties prescribed in 34-46-5. Source: SL 1994, ch 280, 3; SL 2020, ch 148,  3.
34-46-4.Annual reports to federal government.The attorney general shall prepare annually for submission by the Governor to the United States Department of Health and Human Services reports as required under Section 1926 of Subpart I of Part B of Title XIX of the Federal Public Health Service Act (42 U.S. C. 300X-26) as in effect on January 1, 1994. Source: SL 1994, ch 280, 4.
34-46-5.1. Limit on violations during unannounced random inspections.No person may be charged with more than one violation in any twenty-four hour period which results from sales to persons purchasing during unannounced random inspections. Source: SL 1999, ch 178, 2.
34-46-5. Violation as misdemeanor--Complete defense.A violation of 34-46-2 is a Class 2 misdemeanor. A person is not liable for more than one violation of subdivision 34-46-2(4) on a single day. Reasonable reliance upon proof of age of the purchaser or the recipient of a tobacco product is a complete defense to any action brought against a person for the sale or distribution of a tobacco product to a person under the age of twenty-one. Source: SL 1994, ch 280, 5; SL 1999, ch 178, 1; SL 2020, ch 148,  4.
34-46-6. Uniform regulation and implementation.Enforcement of this chapter shall be implemented in an equitable and uniform manner throughout the state so as to ensure the eligibility for and receipt of any federal funds or grants that the state now receives or may receive relating to the provisions of this chapter. For the purposes of equitable and uniform regulation and implementation, the Legislature through this chapter is the exclusive regulator of all matters relating to the distribution, marketing, promotion, and sale of tobacco products. Source: SL 1994, ch 280, 8.
34-46-7. Creation of tobacco prevention and reduction program.There is hereby created the tobacco prevention and reduction program in the Department of Health. Source: SL 2000, ch 174, 1; SL 2001, ch 189, 1.
34-46-9. Department to develop tobacco prevention and reduction plan--Responsibilities of department.The Department of Health shall develop and approve a state-wide strategic plan to prevent and reduce tobacco use. The plan shall set forth short term and long term goals, adequate benchmarks and standards by which measures of program success under 34-46-10 may be appropriately evaluated. The department shall be responsible for establishing program priorities, criteria for awarding grants, and assessing overall program performance. Source: SL 2000, ch 174, 3; SL 2001, ch 189, 2.
34-47-1. Consolidation of rural fire protection district and ambulance district--Vote on consolidation.The board of directors of a rural fire protection district created pursuant to chapter 34-31A and the board of directors of an ambulance district created pursuant to chapter 34-11A may consolidate a rural fire protection district and an ambulance district provided the boundaries of both districts are the same and the boundaries of the resulting emergency services district remain the same. Each board of directors shall place the question of consolidation before the voters of each district at a regular meeting of the district or at a special meeting called for that purpose. Source: SL 1995, ch 202, 1.
34-47-2. Effective date of new emergency services district--Election of board--Terms--Election of officers.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.
34-47-3. Rights and responsibilities of emergency services district--Levying taxes.An emergency services district shall have all of the rights and responsibilities of a rural fire protection district and an ambulance district as found in chapters 34-31A and 34-11A. An emergency services district may levy the taxes permitted to both a rural fire protection district and an ambulance district, but shall segregate the funding of and accounting for fire protection from ambulance services so that the tax levy permitted under chapter 34-31A provides funding for only fire protection and the tax levy permitted under chapter 34-11A provides funding for only ambulance services. Source: SL 1995, ch 202, 3.
34-47-4. Liability of consolidated fire protection district and ambulance district.If any ambulance district organized pursuant to chapter 34-11A or rural fire protection district organized pursuant to chapter 34-31A is consolidated pursuant to this chapter, such consolidation may not impair, affect, or discharge any contract, obligation, lien, or change for or upon which it might be liable had such consolidation not been made. Source: SL 1995, ch 202, 4.
34-48-1. Definition of terms.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.
34-48-10. Coordination with chapters 1-24 and 34-48A.Nothing in this chapter limits or supercedes the provisions of chapter 1-24 and chapter 34-48A. The provisions of this chapter may be used contemporaneously with any agreement under chapters 1-24 or 34-48A. Source: SL 2006, ch 189, 10.
34-48-11. Liability coverage for law enforcement officers responding to requests for assistance.Any law enforcement officer responding to a request under the provisions of this chapter shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage for those law enforcement officers responding to requests. While a law enforcement officer is assigned to temporary duty within the jurisdiction of another public agency, any liability that accrues on account of the negligent or otherwise tortious act of the law enforcement officer while performing the duty is the responsibility of the requesting public agency and not the deploying public agency.This section does not apply to any law enforcement officer or other employee of a state agency of the State of South Dakota, an agency of the United States, or a tribal government. Source: SL 2013, ch 164, 5.
34-48-12. Wages, pension, worker's compensation, and other service rights and benefits for law enforcement officers responding to requests for assistance.Any law enforcement officer who is ordered by the deploying agency or who responds to the request of the authorities of another public agency to perform law enforcement duties outside territorial limits of the public agency where the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for this service as for service rendered within the limits of the public agency where the law enforcement officer is regularly employed. All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising from such service to the requesting agency shall be paid by the public agency or town regularly employing the law enforcement officer.A deploying public agency that provides law enforcement assistance and requests reimbursement shall be reimbursed by the requesting agency for actual expenses incurred by the deploying agency, which shall include wages and salary, employee benefits such as disability and pension, fuel and oil, incidental repairs, room and board, equipment, clothing and supplies, and the cost of workers' compensation insurance premiums at the time of employment.This section does not apply to any law enforcement officer or other employee of a state agency of the State of South Dakota, an agency of the United States, or a tribal government. Source: SL 2013, ch 164, 6.
34-48-2. Requests for assistance by public agencies and covered entities--Use of Incident Command System.In addition to the provisions of chapter 1-24 and chapter 34-48A, any public agency or covered entity may request assistance from any other public agency or covered entity in order to preserve and protect the public health, safety, and welfare. The requesting public agency and the deploying public agency shall utilize the Incident Command System of the National Incident Management System. Failure to correctly implement the National Incident Management System does not nullify any of the protections or provisions contained elsewhere in this chapter. Source: SL 2006, ch 189, 2; SL 2013, ch 164, 1.
34-48-3. Oral or written requests to representative.Any public agency or covered entity requesting assistance under this chapter may do so through an oral or written request to a representative of the deploying public agency or covered entity to which the request is directed who is authorized to control the items of assistance being requested. Source: SL 2006, ch 189, 3.
34-48-4. Provision of assistance.Any deploying public agency or covered entity receiving a request for assistance under this chapter may provide the requested assistance. Source: SL 2006, ch 189, 4.
34-48-5. Withdrawal of assistance.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.
34-48-6. Authority of personnel.All personnel deployed by the deploying public agency or covered entity retain all authority of the deploying public agency or covered entity and are entitled to act with all authority available to similarly situated personnel of the public agency or covered entity receiving assistance. Any law enforcement officer acting under the provisions of this chapter has the same authority to act as any other law enforcement officer of the requesting agency while responding to the request. Source: SL 2006, ch 189, 6; SL 2013, ch 164, 2.
34-48-7. Reimbursement of expenses.Any deploying public agency or covered entity involved in the incident may request reimbursement for its actual expenses. If reimbursement is requested, the deploying public agencies or covered entities involved shall agree upon the actual, reasonable expenses involved. A deploying public agency that provides law enforcement assistance shall be reimbursed as provided in 34-48-12. Source: SL 2006, ch 189, 7; SL 2013, ch 164, 3.
34-48-8. Ownership of and liability for assistance provided.Except as provided in 34-48-12, any deploying public agency or covered entity providing assistance in response to a request under this chapter shall maintain ownership of and liability for all assistance provided, including:(1)Worker's compensation coverage for personnel employed, authorized, or designated to act by or on behalf of the deploying public agency or covered entity;(2)Insurance coverage for employees, agents, or volunteers of the deploying public agency or covered entity;(3)Property; and(4)Personnel benefits. Source: SL 2006, ch 189, 8; SL 2013, ch 164, 4.
34-48-9. Civil liability for assistance--Immunity.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.
34-48A-1. Definitions.Terms used in this chapter mean:(1)"Secretary," the secretary of the Department of Public Safety;(2)"Disaster," any natural, nuclear, man-made, war- related, or other catastrophe producing phenomena in any part of the state which, in the determination of the Governor, causes damage of sufficient severity and magnitude to warrant all state assistance that is reasonably available, above and beyond emergency resource commitments;(3)"Emergency," any natural, nuclear, man-made, war- related, or other catastrophe producing phenomena in any part of the state which in the determination of the Governor requires the commitment of less than all available state resources to supplement local efforts of political subdivisions of the state to save lives and to protect property, public health, and safety or to avert or lessen the threat of a disaster;(4)"Emergency management," the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, repair injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile action, fire, flood, snowstorm, windstorm, tornado, cyclone, drought, earthquake, or other natural causes and provide for the relief of distressed humans and livestock in areas where such conditions prevail whether affecting all or only a portion of the state. These functions include, without limitation, fire fighting services, police services, medical and health services, hazardous materials, search and rescue, engineering, warning, communications, radiological, chemical, and other special weapons of defense, evacuation of persons or livestock, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian or livestock protection, together with other activities necessary or incidental to the preparation for any carrying out of the foregoing functions including cooperation with the federal government, county and tribal governments, national relief organizations, public or private organizations, and persons;(5)"Emergency management worker," any full or part- time paid, volunteer or auxiliary employee of this state, or other state, territory, possession, or the District of Columbia, of the federal government, or any neighboring county, or of any political subdivision thereof, or of any agency or organization, performing services at any place in this state subject to the order or control of, or pursuant to a request of, the state government or any political subdivision thereof;(6)"Hazardous material," any material, including but not limited to, explosives, flammable liquids, flammable compressed gas, flammable solids, oxidizing materials, poisons, corrosive materials, and radiological materials, the loss of control or mishandling of which could cause personal injury or death to humans or damage to property or the environment;(7)"Local effort," the expenditure for emergency or disaster purposes within the twelve-month period preceding the date of the request, of an amount equal to two mills of the assessed valuation, exclusive of capital asset purchases, in each county for the assessment date preceding the date of the request under an emergency or disaster declaration by the Governor;(8)"Local organization for emergency management," an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions;(9)"Political subdivision," counties, townships, Indian tribes, and municipalities; and(10)"Search and rescue," the preparation and carrying out of search for and rescue of persons. Source: SL 1949, ch 236, 3; SL 1951, ch 285, 3; SL 1955, ch 236, 2; SDC Supp 1960, 41.01C03; SL 1972, ch 188; SL 1977, ch 271, 1; SL 1985, ch 15, 41; SL 1989, ch 30, 59; SL 1992, ch 236, 1; SL 2004, ch 17, 185; SDCL 33-15-1.
34-48A-10. Special permits for emergency movement of persons and property in lieu of other permits.The Governor may, by executive order, provide for the issuance of special permits for the movement of persons, commodities, and equipment in the event of disaster or impending disaster from any cause to the extent that the civilian or livestock population, or any part thereof, will be deprived of necessary, and essential food, fuel, supplies, and equipment. The special permits herein provided shall be issued without fee and shall be in lieu of compensation for the unusual use of the highways and in lieu of those permits required by 10-47A-65 and 32-22-38. Source: SDCL 33-15-9 as enacted by SL 1977, ch 272, 1; SL 1989, ch 117, 65, 76; SDCL 33-15-9.1.
34-48A-11. Preparation of comprehensive plan--Coordination with federal plan.The secretary is directed to prepare a comprehensive plan and program for the emergency management of this state. The plan and program shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and shall coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, which shall be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent. Source: SL 1949, ch 236, 6; SL 1951, ch 285, 6; SDC Supp 1960, 41.01C05 (2) (b); SL 1977, ch 271, 11; SL 2004, ch 17, 187; SDCL 33-15-10.
34-48A-12. Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs.The secretary may with the approval of the Governor and in accordance with the plan and program for emergency management of this state:(1)Procure supplies and equipment;(2)Cooperate with the federal government, or any agency thereof, and to enter into agreements with any state of the United States or subdivision thereof or with any private agency therein for the procurement of food, fuel, supplies, and equipment necessary for civilian use;(3)Provide for the distribution and allocation thereof to the inhabitants of this state in a manner consistent with the needs and requirements of the civil population thereof; and(4)Institute training programs and public information programs, and take all other preparatory steps including the partial or full mobilization of emergency management organizations in advance of actual disaster, to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need. Source: SL 1949, ch 236, 6; SL 1951, ch 285, 6; SDC Supp 1960, 41.01C05 (2) (c); SL 1977, ch 271, 12; SL 2004, ch 17, 188; SDCL 33-15-11.
34-48A-13. Municipalities to provide contact list of public officials to Division of Emergency Management--Contents.No later than July first of each year, each municipal governing body as defined by subdivision 9-1-1(4), shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the municipal governing board and the mayor at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer's name and telephone number; and home, business, and other personal email or internet addresses. Source: SL 2002, ch 163, 1; SL 2004, ch 17, 189; SDCL 33-15-11.1.
34-48A-14. Municipalities to provide contact list of certain public employees to Division of Emergency Management.In addition to the information required in 34-48A-13, each municipal governing body shall provide to the Department of Public Safety, Division of Emergency Management contact information for the municipal employees responsible for the following functions if the municipality employs a person in such a capacity:(1)City administrator or city manager;(2)Building inspection;(3)Engineering;(4)Electrical;(5)Fire;(6)Police and law enforcement;(7)Public works;(8)Streets and highways;(9)Sewer and waste water;(10)Water;(11)Telephone;(12)Utilities;(13)Emergency services or civil defense;(14)Coroner; and(15)911 coordinator. Source: SL 2002, ch 163, 2; SL 2004, ch 17, 190; SDCL 33-15-11.2.
34-48A-15. County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents.No later than January thirty-first of each year, each county commission shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach the members of the county commission, the county auditor, the county sheriff, the county coroner, and the state's attorney at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; home, business, and other personal addresses; employer's name and telephone number; and home, business, and other personal email or internet addresses.The county commission shall also provide information on any employee of the county responsible for any of the functions listed in 34-48A-14. Source: SL 2002, ch 163, 3; SL 2004, ch 17, 191; SDCL 33-15-11.3.
34-48A-16. Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents.No later than March thirty-first of each year, each township board of supervisors shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach each member of the board of supervisors, the township constable, and the township clerk at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; and home, business, and other personal addresses; employer's name and telephone number; home, business, and other personal email or internet addresses.The board of township supervisors shall also provide information on any employee of the township responsible for any of the functions listed in 34-48A-14.Any township with fewer than ten registered voters in the township is exempted from the provisions of 34-48A-13 to 34-48A-18, inclusive. Source: SL 2002, ch 163, 4; SL 2004, ch 17, 192; SDCL 33-15-11.4.
34-48A-17. Department of Public Safety to promulgate rules for emergency reporting procedures.The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26, to establish reporting procedures pursuant to 34-48A-13 to 34-48A-18, inclusive, and to require any other information that is reasonably expected to provide the ability for any emergency agency in this state to contact local officials in the event of an emergency. Source: SL 2002, ch 163, 5; SL 2003, ch 272 (Ex. Ord. 03-1), 110; SDCL 33-15-11.5.
34-48A-18. Confidentiality of information.The information provided pursuant to 34-48A-13 to 34-48A-18, inclusive, shall remain confidential and may only be used for emergency purposes. Source: SL 2002, ch 163, 6; SDCL 33-15-11.6.
34-48A-19. Mutual aid arrangements with other states and between political subdivisions.The secretary with the approval of the Governor may enter into mutual aid arrangements with other states and coordinate mutual aid plans between political subdivisions of this state. Source: SL 1949, ch 236, 6; SL 1951, ch 285, 6; SDC Supp 1960, 41.01C05 (2) (e); SL 1977, ch 271, 13; SL 2004, ch 17, 193; SDCL 33-15-13.
34-48A-2. Policy and purpose.In order to ensure that preparation of this state will be adequate to deal with an emergency or disaster, and to provide for the common defense and to protect the public peace, health, and safety and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:(1)To create a Division of Emergency Management, and to authorize the creation of local organizations for emergency management in the political subdivisions of the state;(2)To confer upon the Governor, the secretary and upon the executive heads or governing bodies of the political subdivision of the state the emergency powers provided by this chapter;(3)To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government for the carrying out of emergency management functions; and(4)To cooperate with each association, authority, board, commission, committee, council, department, division, office officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. This subdivision does not include the legislative or judicial branch of the state, of its units of local government, or of Indian tribes. Source: SL 1949, ch 236, 2; SL 1951, ch 285, 2; SL 1953, ch 288, 2; SL 1955, ch 236, 1; SDC Supp 1960, 41.01C02 (1); SL 1977, ch 271, 2; SL 1992, ch 236, 2; SL 2004, ch 17, 186; SDCL 33-15-2.
34-48A-20. Cooperation with federal agencies--Mobilization of forces--Warning signals--Utility systems--Public meetings--Evacuation.The Governor and secretary may cooperate with the President and other appropriate federal officers and agencies and with the officers and agencies of other states and political subdivisions, in matters pertaining to the emergency management of the state and nation, including the direction or control of:(1)Mobilization of emergency management forces;(2)The use of warning signals for tests, exercise, or attacks;(3)The maintenance of utility systems;(4)Public meetings or gatherings; and(5)The evacuation and reception of the civilian population. Source: SL 1951, ch 285, 6; SDC Supp 1960, 41.01C05 (2) (h); SL 1977, ch 271, 14; SL 2004, ch 17, 194; SDCL 33-15-16.
34-48A-21. Assignment of workers to reinforce local organization--Call to duty--Place of duty.The secretary may assign emergency management workers, to be controlled by the secretary, as may be necessary to reinforce emergency management organizations in stricken areas. Emergency management workers shall be called to duty by orders of the secretary and shall perform their functions in any part of the state or without the state in compliance with mutual aid agreements. Source: SL 1949, ch 236, 7; SL 1951, ch 285, 7; SDC Supp 1960, 41.01C06 (1); SL 1977, ch 271, 16; SL 1992, ch 236, 4; SL 2004, ch 17, 195; SDCL 33-15-17.
34-48A-22. Emergency management workers--Rights, duties, and compensation.An emergency management worker while on duty, whether within or without the state, shall:(1)If the worker is an employee of the state, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment;(2)If the worker is an employee of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to the worker's employment;(3)If the worker is not an employee of the state or a political subdivision thereof, be compensated by the state at a rate set by rules promulgated pursuant to chapter 1-26 by the secretary, and have the same rights and immunities as are provided by law for the employees of this state; and(4)Be subject to the operational control of the authority in charge of emergency management activities in the area in which the worker is now serving. Source: SL 1949, ch 236, 7; SL 1951, ch 285, 7; SDC Supp 1960, 41.01C06 (2); SL 1977, ch 271, 34; SL 1986, ch 272, 16; SL 1992, ch 236, 5; SL 2004, ch 17, 196; SDCL 33-15-18.
34-48A-23. Civil immunity of persons requested to assist with hazardous material incidents--Exceptions.A person who provides assistance at the request of any emergency management agency in the event of an accident or other emergency situation involving the use, handling, transportation, transmission, or storage of hazardous material defined in subdivision 34-48A-1(6) is not liable in any civil action for damages as a result of his acts of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission in rendering assistance. Nothing in this section grants immunity to a person causing damages as a result of his business activities or by his willful or wanton act of commission or omission which takes place without the request of an emergency management agency. Source: SL 1980, ch 235, 1; SL 1987, ch 29, 16; SL 1992, ch 236, 6; SDCL 33-15-18.1.
34-48A-24. Scope of immunity extends to employers and other responsible parties.The immunity granted by 34-48A-23 shall extend to the employer of the person rendering such assistance, and to any other person, employer, partnership, or corporation legally responsible for the acts or omissions of such individual. Source: SL 1980, ch 235, 2; SDCL 33-15-18.2.
34-48A-25. Reimbursement of local governments for employees' expenses and damages.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.
34-48A-26. Duty to utilize already existing facilities.The Governor, the secretary, and the executive officers or governing bodies of the political subdivisions of the state shall utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies. Such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor, the secretary and to the emergency management organizations of the state upon request. A local political subdivision must exhaust its available resources prior to obtaining assistance from another political subdivision. The state must exhaust all available governmental resources prior to obtaining private resources. Source: SL 1949, ch 236, 12; SL 1951, ch 285, 12; SDC Supp 1960, 41.01C11; SL 1977, ch 271, 15; SL 2004, ch 17, 197; SDCL 33-15-21.
34-48A-27. Secretary of public safety responsible for carrying out emergency management program.The secretary of public safety, subject to the direction and control of the Governor, is responsible for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperation with emergency management agencies and organizations of other states and of the federal government. Source: SL 1949, ch 236, 4; SL 1951, ch 285, 4; SDC Supp 1960, 41.01C04 (4); SL 1977, ch 271, 8; SL 1992, ch 236, 8; SL 2003, ch 272 (Ex. Ord. 03-1), 111; SDCL 33-15-22.
34-48A-28. Special emergency and disaster special revenue fund.There is hereby created a fund to be known as the "special emergency and disaster special revenue fund." Expenditures may be made from the fund to meet special emergency requirements of the Division of Emergency Management, not included in the general and special appropriations which provide for the ordinary operation and maintenance of functions of this department, and for carrying into effect the objectives and provisions of this chapter. No part of this fund may revert to the general fund. Withdrawal from this fund shall be made on warrants drawn by the state auditor on vouchers signed by the secretary of public safety. Source: SL 1955, ch 236, 4; SL 1957, ch 418, 2; SDC Supp 1960, 41.01C15; SL 1977, ch 271, 24; SL 1992, ch 236, 9; SL 2003, ch 272 (Ex. Ord. 03-1), 112; SDCL 33-15-23.
34-48A-29. Credits to fund--Expenditures from fund.All collections, donations, bequests, or funds, received by way of gift, grant, or loan, for the purposes of emergency management shall be credited to the fund created by 34-48A-28 and shall be expended therefrom in accordance with that section. Source: SL 1955, ch 236, 4; SDC Supp 1960, 41.01C15; SL 1977, ch 271, 25; SL 1993, ch 242, 2; SDCL 33-15-24.
34-48A-3. Coordination with federal government--Cooperation with other agencies.It is further declared to be the purpose of this chapter and the policy of the state that all emergency management of this state shall be coordinated to the maximum extent and shall cooperate with the federal government including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur. Source: SL 1949, ch 236, 2; SL 1951, ch 285, 2; SDC Supp 1960, 41.01C02 (2); SL 1977, ch 271, 3; SL 1993, ch 242, 2; SDCL 33-15-3.
34-48A-30. Minimum local effort required for state aid.In order to qualify for state financial assistance to meet the costs of an emergency or disaster declared by the Governor, a county shall meet the minimum standard of local effort as specified in subdivision 34-48A-1(7). Source: SL 1969, ch 247, 2; SDCL Supp, 33-15-24.2; SL 1977, ch 271, 26; SL 1987, ch 29, 17; SDCL 33-15-24.1.
34-48A-31. County duty to assist local government subdivisions to meet local effort eligibility requirement.In order to meet the total local effort eligibility requirement for state financial assistance, counties shall assist all other local government subdivisions within their political jurisdiction with all available emergency and disaster funds. Source: SL 1969, ch 247, 2; SL 1977, ch 271, 27; SDCL 33-15-24.3.
34-48A-32. Amount of state financial assistance--Additional assistance authorized.In those counties in which the Governor has officially declared an emergency or disaster and in which local effort requirements have been met, the state will provide financial assistance for such additional operational costs needed for the particular emergency or disaster situation up to a maximum of sixty percent of additional local effort expenditures; provided, however, that the Governor upon finding it necessary for the preservation of life and property may authorize additional state financial assistance. Source: SL 1969, ch 247, 3; SL 1977, ch 271, 28; SDCL 33-15-24.4.
34-48A-33. State financial assistance paid from special emergency and disaster special revenue fund--Vouchers.The state financial assistance provided by 34-48A-32 may be paid and advanced from the funds appropriated to the special emergency and disaster special revenue fund upon vouchers executed by the county treasurer and approved by the secretary. Source: SL 1969, ch 247, 4; SL 1977, ch 271, 29; SL 2004, ch 17, 198; SDCL 33-15-24.5.
34-48A-34. Estimates of costs and certification of county needs--Excess assistance payments revert to fund.The county commissioners of such counties shall prepare detailed estimates of the additional operational costs which they anticipate will be needed to meet the costs of the emergency or disaster within the limitations of 34-48A-30 to 34-48A-35, inclusive, and shall from time to time certify the needs of the county to the county treasurer who shall submit the necessary vouchers for the advances and payment provided by 34-48A-33. Any advance which is in excess of the actual needs of the county and actual expenditures thereby for allowable costs shall be returned to the state and reverted to the emergency and disaster special revenue fund. Source: SL 1969, ch 247, 4; SL 1977, ch 271, 30; SL 1980, ch 26, 25; SL 1992, ch 236, 10; SDCL 33-15-24.6.
34-48A-35. Scope of rules.The Department of Public Safety may promulgate rules pursuant to chapter 1-26 concerning:(1)The establishment of minimum standards of local effort to obtain financial assistance under this chapter and the procedures for obtaining such assistance;(2)The establishment of compensation levels for emergency management workers under subdivision 34-48A-22(3); and(3)The standards and procedures for providing benefits under the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988. Source: SL 1969, ch 247, 5; SL 1977, ch 271, 17; SL 1980, ch 26, 26; SL 1986, ch 272, 18; SL 1992, ch 236, 11; SL 2003, ch 272 (Ex. Ord. 03-1), 113; SDCL 33-15-24.8.
34-48A-36. Authority to accept federal moneys, services, or equipment--Conditions.If the federal government, or any agency or officer thereof, or any person, firm, or corporation offers to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for emergency management, the Governor or the political subdivision, acting through the Governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer. Upon acceptance the Governor or executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. Source: SL 1949, ch 236, 11; SL 1951, ch 285, 11; SDC Supp 1960, 41.01C10 (2); SL 1977, ch 271, 6; SL 1992, ch 236, 12; SDCL 33-15-25.
34-48A-37. Cooperation in implementation of federal Disaster Relief Act.The Governor may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of the Disaster Relief Act of 1974, as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and to provide, under rules promulgated pursuant to chapter 1-26 by the Department of Public Safety, such benefits to the residents of the state as may be available to them under that act. Source: SL 1977, ch 271, 7; SL 1986, ch 272, 19; SL 1992, ch 236, 13; SL 2003, ch 272 (Ex. Ord. 03-1), 114; SDCL 33-15-25.1.
34-48A-38. Audit of project applications.The auditor general shall conduct required audits of disaster project applications pursuant to the Federal Register, Volume 40, Number 103, part III, General Section. Source: SL 1977, ch 271, 41; SDCL 33-15-25.2.
34-48A-39. County emergency management organizations.Each organized county of this state shall establish a local organization and develop an emergency plan for emergency management in accordance with the state emergency management plan and program. Source: SL 1949, ch 236, 8; SL 1951, ch 285, 8; SL 1953, ch 288, 5; SDC Supp 1960, 41.01C07 (1); SL 1977, ch 271, 18; SL 1992, ch 236, 14; SDCL 33-15-26.
34-48A-4. Employment of personnel--Expenditures.The secretary of public safety may employ technical, clerical, stenographic, and other personnel pursuant to chapter 3-6D. The secretary may make expenditures from the funds made available to the secretary for purposes of emergency management, as may be necessary to carry out the purposes of this chapter. Source: SL 1949, ch 236, 4; SL 1951, ch 285, 4; SDC Supp 1960, 41.01C04 (2); SL 1977, ch 271, 10; SL 2003, ch 272 (Ex. Ord. 03-1), 109; SDCL 33-15-5; SL 2018, ch 12, 14.
34-48A-40. Director of local organization--Duties and powers.Each local organization for emergency management shall have a director who shall be appointed by the executive officer or governing body of the county, and who shall have direct responsibility for the development and implementation of emergency and disaster plans, organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body. Source: SL 1949, ch 236, 8; SL 1951, ch 285, 8; SL 1953, ch 288, 5; SDC Supp 1960, 41.01C07 (1); SL 1977, ch 271, 19; SL 1992, ch 236, 15; SDCL 33-15-27.
34-48A-41. Contracting power of local subdivision--Obedience to mandatory constitutional requirements.Each political subdivision in which any disaster or emergency as described in subdivision 34-48A-1(2) occurs, may enter into contracts and incur obligations necessary to combat the disaster or emergency, to protect the health and safety of persons and property, and to provide emergency assistance to the victims of such disaster or emergency without regard to time-consuming procedure and formalities prescribed by law. However, the political subdivision shall comply with mandatory constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds. Source: SL 1949, ch 236, 8; SL 1951, ch 285, 8; SDC Supp 1960, 41.01C07 (2); SL 1977, ch 271, 20; SL 1992, ch 236, 16; SDCL 33-15-29.
34-48A-42. County emergency management revenue fund.Each county shall establish an emergency management fund in the office of the county treasurer, which shall be a special revenue fund. Any reimbursement or matching funds for emergency management purposes from any source whatever, shall be deposited in the special emergency and disaster fund and used for emergency management purposes. Withdrawals from this fund shall be made on warrants drawn by the county auditor in the manner provided by law for the ordinary expenditures of such political subdivision. Source: SDC Supp 1960, 41.01C10 (3) as added by SL 1964, ch 117; SL 1977, ch 271, 31; SL 1992, ch 236, 17; SDCL 33-15-31.
34-48A-43. Matching federal moneys--Deferring local obligation.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.
34-48A-44. Local emergency management districts--Appropriations.In addition to the other provisions of this chapter, any county may join with other counties to form emergency management districts. Each county may appropriate money out of the general fund to pay salaries and expenses of such emergency management district. Source: SL 1959, ch 287; SDC Supp 1960, 41.01C07 (3); SL 1977, ch 271, 21; SL 1992, ch 236, 19; SDCL 33-15-33.
34-48A-45. Mutual aid arrangements of local organizations.The director of a local emergency management organization may develop mutual aid arrangements consistent with state plans and programs. The provisions of such arrangements shall be implemented in the event of emergency or disaster. Source: SL 1949, ch 236, 9; SL 1951, ch 285, 9; SDC Supp 1960, 41.01C08 (1); SL 1977, ch 271, 22; SL 1992, ch 236, 20; SDCL 33-15-34.
34-48A-46. Interstate mutual aid arrangements.The director of each local organization for emergency management may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Source: SL 1949, ch 236, 9; SL 1951, ch 285, 9; SDC Supp 1960, 41.01C08 (2); SL 1977, ch 271, 23; SL 1992, ch 236, 21; SDCL 33-15-35.
34-48A-47. Powers of emergency management workers outside local jurisdiction.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.
34-48A-48. District special emergency and disaster fund--Sources--Withdrawals.Each district organization for emergency management may establish a special emergency and disaster fund in the office of the county treasurer of the county where the district office is located, which shall be a special revenue fund. Any reimbursement or matching funds from any source whatever, shall be deposited in the fund and used for emergency management purposes. Withdrawals from the fund shall be made on warrants drawn by the county auditor of the county on vouchers signed by the district organization director and one commissioner from the advisory board of the district. Source: SL 1959, ch 287; SDC Supp 1960, 41.01C07 (3); SL 1977, ch 271, 32; SL 1992, ch 236, 23; SDCL 33-15-37.
34-48A-49. Emergency management as governmental function--Exceptions--Worker's compensation.All functions under this chapter and all other activities relating to emergency management are governmental functions. Neither the state nor any political subdivision thereof, nor other agencies, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with this chapter, or any order, rule promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of this state, is liable for the death of or injury to persons, or damage to property, as a result of such activity. The provisions of this section do not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. Source: SL 1949, ch 236, 10; SL 1951, ch 285, 10; SL 1953, ch 288, 6; SDC Supp 1960, 41.01C09 (1); SL 1977, ch 271, 38; SL 1992, ch 236, 24; SDCL 33-15-38.
34-48A-5.2. Governmental authority--Emergencies--Limitations related to firearms and weapons. Except as otherwise provided in this section, no state agency, political subdivision, or any elected or appointed official or employee of this state or of a political subdivision may, under any governmental authority or color of law exercised pursuant to this chapter, including any statutorily authorized response to disaster, war, acts of terrorism, or emergencies of whatever kind or nature:(1)Prohibit, regulate, or curtail the otherwise lawful possession, carrying, sale, transportation, transfer, defensive use, or other lawful use of any:(a)Firearm, including any component or accessory;(b)Ammunition, including any component or accessory;(c)Ammunition-reloading equipment and supplies; or(d)Personal weapons other than firearms;(2)Seize, commandeer, or confiscate in any manner, any:(a)Firearm, including any component or accessory;(b)Ammunition, including any component or accessory;(c)Ammunition-reloading equipment and supplies; or(d)Personal weapons other than firearms;(3)Suspend or revoke a permit to carry a concealed pistol issued pursuant to chapter 23-7, except as expressly authorized in that chapter;(4)Refuse to accept an application for a permit to carry a concealed pistol, provided the application has been properly completed in accordance with chapter 23-7;(5)Close or limit the operating hours of any entity engaged in the lawful selling or servicing of any firearm, including any component or accessory; ammunition, including any component or accessory; ammunition-reloading equipment and supplies; or personal weapons other than firearms, unless the closing or limitation of hours applies equally to all forms of commerce within the jurisdiction;(6)Close or limit the operating hours of any indoor or outdoor shooting range; or(7)Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any:(a)Firearm, including any component or accessory;(b)Ammunition, including any component or accessory;(c)Ammunition-reloading equipment and supplies; or(d)Personal weapons other than firearms.Nothing in this section precludes a law enforcement officer, who is acting in the lawful discharge of the officer's official duties and with or without a warrant, from temporarily disarming a lawfully detained person, if the officer reasonably believes that doing so is immediately necessary for the protection of the officer or another person. Unless the officer takes the person into custody for engaging in criminal activity or for observation, or unless the officer seizes the item as evidence pursuant to a criminal investigation, the officer shall return any item seized to the person.Nothing in this section precludes a political subdivision that owns an indoor gun range, open to the public, from closing the indoor range for the period during which a certified range safety officer is unavailable, if the normal operating procedure of the range requires the presence of such a person.Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in the circuit court having jurisdiction over the county in which the aggrieved person resides or in which the violation occurred. Source: SL 2021, ch 157,  1.
34-48A-5. Authority of Governor in time of disaster, terrorist attack, or emergency.In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor:(1)May assume direct operational control over all or any part of the emergency management functions within the state which may affect all or any portion of the state;(2)May declare an emergency or disaster to exist in the stricken area and employ emergency management to assist local authorities to affect relief and restoration;(3)May call upon and use any facilities, equipment, other nonmedical supplies, and resources available from any source, other than personal or private funds, in order to carry out the purposes of this chapter by contributing to the expense incurred in providing relief in such amounts as the Governor shall determine. However, nothing in this subdivision may be construed to authorize the taking of firearms, as defined in subdivision 22-1-2(16), without the consent of the owner;(4)May suspend the provisions of any rules of any state agency, if strict compliance with the provisions of the rule would in any way prevent, hinder, or delay necessary action in managing a disaster, war, act of terrorism, or emergency, including fire, flood, earthquake, severe high and low temperatures, tornado storm, wave action, oil spill, or other water or air contamination, epidemic, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action, which is determined by the Governor to require state or state and federal assistance or actions to supplement the recovery efforts of local governments in alleviating the damage, loss, hardship, or suffering caused thereby;(5)May control the ingress and egress in a designated disaster or emergency area, the movement of vehicles upon highways within the area, the movement of persons within the area, and the occupancy of premises within the area;(6)May procure, acquire, store, distribute, and dispense any pharmaceutical agents or medical supplies located within the state as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism;(7)May appoint and prescribe the duties of such out-of-state health care providers as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism;(8)May provide for the examination and safe disposal of any dead body as may be reasonable and necessary to respond to the disaster, emergency, or act of terrorism; and(9)May provide for the protection, construction or reconstruction, repair, and maintenance of public or private transportation facilities.The powers granted to the Governor under this section shall remain in effect for a period of six months and may be restored for one or more successive six-month periods by declaration of the Governor that the conditions permitting such powers persist. Source: SL 1949, ch 236, 6; SL 1951, ch 285, 6; SL 1955, ch 236, 3; SDC Supp 1960, 41.01C05 (1); SL 1977, ch 271, 4; SL 1989, ch 283, 1; SL 2002, ch 162, 1, 2; SL 2004, ch 223, 1; SDCL 33-15-8; SL 2020, ch 149, 1, eff. Mar. 31, 202; SL 2020, ch 149, 3, eff. July 1, 2021.
34-48A-50. Exemption from licensing requirements during emergency.Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who shall, in the course of performing his duties as such, practice such professional, mechanical, or other skill during a disaster or emergency. Source: SL 1953, ch 288, 6; SDC Supp 1960, 41.01C09 (2); SL 1977, ch 271, 39; SL 1992, ch 236, 25; SDCL 33-15-39.
34-48A-51. Civil defense shelters on private property--Immunity from liability.Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice attack or other disaster or emergency as defined within this chapter shall, together with his successors in interest, if any, not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises for loss of, or damage to, the property of such person. Source: SL 1953, ch 288, 6; SDC Supp 1960, 41.01C09 (5); SL 1992, ch 236, 26; SDCL 33-15-41.
34-48A-52. Political activity by emergency management organization prohibited.No organization for emergency management established under the authority of this chapter may participate in any form of political activity, nor may it be employed directly or indirectly for political purposes. Source: SL 1949, ch 236, 13; SL 1951, ch 285, 13; SDC Supp 1960, 41.01C12; SL 1977, ch 271, 40; SL 1992, ch 236, 27; SDCL 33-15-44.
34-48A-53. Uniform Emergency Management Assistance Compact.The Uniform Emergency Management Assistance Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining the compact, in the form substantially as follows:ARTICLE I--PURPOSE AND AUTHORITIESThis compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.The purpose of this compact is to provide the mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the Governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.ARTICLE II--GENERAL IMPLEMENTATIONEach party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies of the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.On behalf of the Governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.ARTICLE III--PARTY STATE RESPONSIBILITIESA. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:i.Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.ii.Review party states individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.iii.Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.iv.Assist in warning communities adjacent to or crossing the state boundaries. v.Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.vi.Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.vii.Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information:i.A description of the emergency service function for which assistance is needed, such as fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.ii.The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.iii.The specific place and time for staging of the assisting party's response and a point of contact at that location.C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.ARTICLE IV--LIMITATIONSAny party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state, whichever is longer.ARTICLE V--LICENSES AND PERMITSWhenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive order or otherwise.ARTICLE VI--LIABILITY Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.ARTICLE VII--SUPPLEMENTARY AGREEMENTSInasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.ARTICLE VIII--COMPENSATIONEach party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.ARTICLE IX--REIMBURSEMENTAny party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses may not be reimbursable under this provision.ARTICLE X--EVACUATIONPlans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.ARTICLE XI--IMPLEMENTATIONA. This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by such state. B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty days after the Governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.ARTICLE XII--VALIDITYThis Act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this Act and the applicability thereof to other persons and circumstances shall not be affected thereby.ARTICLE XIII--ADDITIONAL PROVISIONSNothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of title 18, United States Code. Source: SL 1996, ch 210; SDCL 33-15-48.
34-48A-54. State and Province Emergency Management Assistance Memorandum of Understanding.The State and Province Emergency Management Assistance Memorandum of Understanding is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining the agreement, in the form substantially as follows:ARTICLE I -- PURPOSE AND AUTHORITIESThe State and Province Emergency Management Assistance Memorandum of Understanding, hereinafter referred to as the compact, is made and entered into by and among such of the jurisdictions as shall enact or adopt this compact, hereinafter referred to as participating jurisdictions. For the purposes of this compact, the term, jurisdictions, may include any or all of the states of Illinois, Indiana, Ohio, Michigan, Minnesota, Montana, North Dakota, Pennsylvania, New York, and Wisconsin, and the Canadian Provinces of Alberta, Manitoba, Ontario, and Saskatchewan, and such other states and provinces as may hereafter become a party to this compact. The term, states, means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all territorial possessions of the United States. The term, province, means the ten political units of government within Canada.The purpose of this compact is to provide for the possibility of mutual assistance among the participating jurisdictions in managing any emergency or disaster when the affected jurisdiction or jurisdictions ask for assistance, whether arising from natural disaster, technological hazard, manmade disaster, or civil emergency aspects of resource shortages. This compact also provides for the process of planning mechanisms among the agencies responsible and for mutual cooperation, including civil emergency preparedness exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by participating jurisdictions or subdivisions of participating jurisdictions during emergencies, with such actions occurring outside emergency periods.ARTICLE II -- GENERAL IMPLEMENTATIONEach participating jurisdiction entering into this compact recognizes that many emergencies may exceed the capabilities of a participating jurisdiction and that inter-governmental cooperation is essential in such circumstances. Each participating jurisdiction further recognizes that there will be emergencies that may require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency because few, if any, individual jurisdictions have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. On behalf of the participating jurisdictions in the compact, the legally designated official who is assigned responsibility for emergency management is responsible for formulation of the appropriate inter-jurisdictional mutual aid plans and procedures necessary to implement this compact, and for recommendations to the participating jurisdiction concerned with respect to the amendment of any statutes, regulations, or ordinances required for that purpose.ARTICLE III -- PARTICIPATING JURISDICTION RESPONSIBILITIES(a) FORMULATE PLANS AND PROGRAMS -- It is the responsibility of each participating jurisdiction to formulate procedural plans and programs for inter-jurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating and implementing such plans and programs the participating jurisdictions, to the extent practical, may:(1)Share and review individual jurisdiction hazards analyses that are available and determine all those potential emergencies the participating jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster or emergency aspects of resource shortages;(2)Share emergency operations plans, procedures, and protocols established by each of the participating jurisdictions before entering into this compact;(3)Share policies and procedures for resource mobilization, tracking, demobilization, and reimbursement; (4)Consider joint planning, training, and exercises;(5)Assist with alerts, notifications, and warnings for communities adjacent to or crossing participating jurisdiction boundaries;(6)Consider procedures to facilitate the movement of evacuees, refugees, civil emergency personnel, equipment, or other resources into or across boundaries, or to a designated staging area when it is agreed that such movement or staging will facilitate civil emergency operations by the affected or participating jurisdictions; and(7)Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that impede the implementation of responsibilities described in this section.(b) REQUEST ASSISTANCE -- The authorized representative of a participating jurisdiction may request assistance of another participating jurisdiction by contacting the authorized representative of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request must be confirmed in writing within fifteen days of the verbal request. Requests must provide the following information:(1)A description of the emergency service function for which assistance is needed and of the mission or missions, including fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;(2)The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed; and(3)The specific place and time for staging of the assisting participating jurisdiction's response and a point of contact at the location.(c) CONSULTATION AMONG PARTICIPATING JURISDICTION OFFICIALS -- There shall be periodic consultation among the authorized representatives who have assigned emergency management responsibilities.ARTICLE IV -- LIMITATIONIt is recognized that any participating jurisdiction that agrees to render mutual aid or conduct exercises and training for mutual aid will respond as soon as possible. It is also recognized that the participating jurisdiction rendering aid may withhold or recall resources to provide reasonable protection for itself, at its discretion. To the extent authorized by law, each participating jurisdiction will afford to the personnel of the emergency contingent of any other participating jurisdiction while operating within its jurisdiction limits under the terms and conditions of this agreement and under the operational control of an officer of the requesting participating jurisdiction the same treatment as is afforded similar or like human resources of the participating jurisdiction in which they are performing emergency services. Staff comprising the emergency contingent continue under the command and control of their regular leaders but the organizational units come under the operational control of the emergency services authorities of the participating jurisdiction receiving assistance. These conditions may be activated, as needed, by the participating jurisdiction that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect, or loaned resources remain in the receiving participating jurisdictions, whichever is longer. The receiving participating jurisdiction is responsible for informing the assisting participating jurisdiction when services will no longer be required.ARTICLE V -- LICENSES AND PERMITS Whenever a person holds a license, certificate, or other permit issued by any participating jurisdiction evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving participating jurisdiction, such person is deemed to be licensed, certified, or permitted by the jurisdiction requesting assistance to render aid involving such skill to meet an emergency or disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by executive order or otherwise.ARTICLE VI -- LIABILITYAny person or entity of a participating jurisdiction rendering aid in another jurisdiction pursuant to this compact is considered an agent of the requesting jurisdiction for tort liability and immunity purposes. Any person or entity rendering aid in another jurisdiction pursuant to this compact is not liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article does not include willful misconduct, gross negligence, or recklessness.ARTICLE VII -- SUPPLEMENTARY AGREEMENTSBecause it is probable that the pattern and detail of the compact for mutual aid among two or more participating jurisdictions may differ from that among the participating jurisdictions that are party to this compact, this compact contains elements of a broad base common to all participating jurisdictions, and nothing in this compact precludes any participating jurisdiction from entering into supplementary agreements with another jurisdiction or affects any other agreements already in force among participating jurisdictions. Supplementary agreements may include provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment, and supplies.ARTICLE VIII -- WORKERS' COMPENSATION AND DEATH BENEFITSEach participating jurisdiction shall provide, in accordance with its own laws, for the payment of workers' compensation and death benefits to injured members of the emergency contingent of that participating jurisdiction and to representatives of deceased members of those forces if the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.ARTICLE IX -- REIMBURSEMENTAny participating jurisdiction rendering aid in another jurisdiction pursuant to this compact shall, if requested, be reimbursed by the participating jurisdiction receiving such aid for any loss or damage to, or expense incurred in, the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with those requests. An aiding participating jurisdiction may assume in whole or in part any such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving participating jurisdiction without charge or cost. Any two or more participating jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Expenses under Article VIII are not reimbursable under this section.ARTICLE X -- IMPLEMENTATION(a) This compact is effective upon its execution or adoption by any one state and one province, and is effective as to any other jurisdiction upon its execution or adoption thereby: subject to approval or authorization by the United States Congress, if required, and subject to enactment of provincial or state legislation that may be required for the effectiveness of the memorandum of understanding.(b) Additional jurisdictions may participate in this compact upon execution or adoption of the compact.(c) Any participating jurisdiction may withdraw from this compact, but the withdrawal does not take effect until thirty days after the governor or premier of the withdrawing jurisdiction has given notice in writing of such withdrawal to the governors or premiers of all other participating jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed under this compact prior to the effective date of withdrawal.(d) Duly authenticated copies of this compact in the French and English languages and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the participating jurisdictions. ARTICLE XI -- SEVERABILITYThis compact is construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional or the applicability of the compact to any person or circumstances is held invalid, the validity of the remainder of this compact and the applicability of the compact to other persons and circumstances are not affected.ARTICLE XII -- CONSISTENCY OF LANGUAGEThe validity of the arrangements and agreements consented to in this compact may not be affected by any insubstantial difference in form or language as may be adopted by the various states and provinces. Source: SL 2018, ch 210, 1.
  34-48A-55  .  Search and rescue services--Costs--Limitation.   The state, a fire department, a law enforcement agency, or a county-recognized entity that provides public search and rescue services may collect the actual costs of the search and rescue services provided on school or public lands or in a national park, national forest, or state park from any person for whose benefit the services are conducted, not to exceed one thousand dollars.     Source:  SL 2020, ch 150,  1. 
34-48A-6. Emergency co-ordination of resources by Governor.Whenever the Governor in pursuance to 34-48A-5 shall declare an emergency or disaster to exist within the state, he may authorize and direct the resources of any political subdivision of the state or of any department, commission, or agency of the state to assist another political subdivision with such resources. Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, 1; SL 1977, ch 271, 5; SDCL 33-15-8.1.
34-48A-7. Powers and duties of workers from sending political subdivision.Any emergency management worker on duty in a receiving political subdivision has the same powers, duties, rights, privileges, and immunities as if the worker was performing like services in the sending political subdivision and is considered to be acting within the scope and in the course of the worker's regular employment, as an employee of the sending political subdivision. Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, 1; SL 1977, ch 271, 36; SL 1992, ch 236, 3; SDCL 33-15-8.2.
34-48A-8. Reimbursement between political subdivisions co-operating.The receiving political subdivision shall reimburse the sending political subdivision for all supplies used, the expenses of all equipment used, and the compensation paid to all officers and members of such forces so furnished during such time as the rendition of such aid prevents them from performing their duties in the sending political subdivision, for the actual traveling and maintenance expenses of such officers and members while rendering such aid, and the costs of all insurance covering such officers and members while so engaged, and any damage or loss to equipment or supplies furnished while so engaged. Any claim for such reimbursement, loss, damage, or expense in the use of equipment or supplies or for additional expenses incurred in the operation or maintenance thereof shall not be allowed unless within ninety days after the same is sustained or incurred an itemized notice of such claim, verified by an officer or employee of the sending political subdivision, having knowledge of the facts, is filed with the clerk or auditor of the receiving political subdivision. Source: SDC Supp 1960, ch 41.01C as added by SL 1969, ch 169, 1; SDCL 33-15-8.3.
34-48A-9. Power to make orders.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.
34-49-1. Definition of terms.Terms used in this chapter mean:(1)"Brand family," all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. "Brand family" includes cigarettes sold under a brand name, whether that name is used alone, or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern or colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarette;(2)"Cigarette," any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette, including cigarettes made by a roll-your-own machine as described in 10-50-105;(3)"Dealer," or "retailer," any person other than a distributor or wholesaler who is engaged in this state in the business of selling cigarettes or tobacco products at retail;(4)"Distributor," any person engaged in this state in the business of producing or manufacturing cigarettes, or importing into the state cigarettes, at least seventy-five percent of which are purchased directly from the manufacturers thereof;(5)"Manufacturer," any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer or any entity that becomes a successor of a manufacturer. The term includes any person deemed to be a manufacturer pursuant to 10-50-105;(6)"Person," any individual, firm, fiduciary, partnership, limited liability company, corporation, trust, or association;(7)"Quality control and quality assurance program," the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in 34-49-2 for all test trials used to certify cigarettes in accordance with this chapter;(8)"Repeatability," the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;(9)"Sale," any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales;(10)"Secretary," the secretary of revenue;(11)"Sell," to sell, or to offer or agree to do the same;(12)"State fire marshal," the state fire marshal designated pursuant to chapter 34-29B. Source: SL 2009, ch 172, 1, eff. Jan. 1, 2011; SL 2011, ch 1 (Ex. Ord. 11-1), 161, eff. Apr. 12, 2011; SL 2014, ch 65, 9.
34-49-10. Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of 34-49-2 to 34-49-7, inclusive, is subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any such person or entity exceed one hundred thousand dollars during any thirty-day period. Beginning on January 1, 2011, any person who sells or offers to sell cigarettes, other than through retail sale, that have not been marked as required by 34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of 34-49-2 to 34-49-7, inclusive. Source: SL 2009, ch 172, 10, eff. Jan. 1, 2011.
34-49-11. Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.A retailer who knowingly sells or offers to sell cigarettes in violation of 34-49-2 to 34-49-7, inclusive, shall be subject to a civil penalty by the state fire marshal not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale. However, in no case may the penalty against any retailer exceed twenty-five thousand dollars for such sales or offers to sell during any thirty-day period. Beginning on January 1, 2011, a retailer who sells or offers to sell cigarettes that have not been marked as required by 34-49-9 is deemed to have knowingly sold or offered for sale such cigarettes in violation of 34-49-2 to 34-49-7, inclusive. Source: SL 2009, ch 172, 11, eff. Jan. 1, 2011.
34-49-12. Civil penalties for false certification by manufacturer.In addition to any penalty prescribed by law, any manufacturer that knowingly makes a false certification pursuant to 34-49-8 is subject to a civil penalty by the state fire marshal of at least seventy-five thousand dollars and not to exceed two hundred and fifty thousand dollars for each false certification. Source: SL 2009, ch 172, 12, eff. Jan. 1, 2011.
34-49-13. Other civil penalties.Any person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense subject to a civil penalty by the state fire marshal not to exceed five thousand dollars for each subsequent violation. Source: SL 2009, ch 172, 13, eff. Jan. 1, 2011.
34-49-14. Seizure of cigarettes lacking certification or marking--Notice prior to destruction.If any law enforcement officer or the state fire marshal, the attorney general, or the secretary discovers any cigarettes for which no certification and fee has been filed as required by 34-49-8 or that have not been marked as required by 34-49-9, such person is hereby authorized and empowered to seize and take possession of the cigarettes. Any cigarettes seized pursuant to this section shall be destroyed. However, prior to the destruction of any cigarette pursuant to this section, the true holder of the trademark rights in the cigarette brand shall be given notice and a reasonable opportunity to inspect the cigarettes within sixty days of the notification. Nothing in this section shall be construed to require the secretary, the attorney general, or the state fire marshal to confiscate cigarettes in violation of 34-49-2 to 34-49-7, inclusive, when there is reason to believe that the owner thereof did not willfully or intentionally sell or offer to sell cigarettes in violation of 34-49-2 to 34-49-7, inclusive. Source: SL 2009, ch 172, 14, eff. Jan. 1, 2011.
34-49-15. Injunctive relief, costs and damages--Separate civil violations.In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action for a violation of this chapter, including:(1)Petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, distributor, wholesaler, retailer, or any other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this chapter;(2)Recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees.Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief. Source: SL 2009, ch 172, 15, eff. Jan. 1, 2011.
34-49-16. Disclosure of information among secretary, attorney general, and state fire marshal.For purposes of determining compliance with, and enforcing the provisions of, this chapter, the secretary, the attorney general, and the state fire marshal may disclose to each other any information received under this chapter. Source: SL 2009, ch 172, 16, eff. Jan. 1, 2011.
34-49-17. Examination of books and records.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.
34-49-18. Cigarette fire safety standard act fund created.There is hereby established in the state treasury a special fund to be known as the cigarette fire safety standard act fund. The fund shall consist of all certification fees paid under this chapter and all moneys recovered as penalties under this chapter. The moneys shall be deposited to the credit of the fund and shall, in addition to any other moneys made available for such purpose, be made available to the Department of Public Safety, Department of Revenue, and the Office of Attorney General for administering the provisions of this chapter and for fire prevention activities and education. Source: SL 2009, ch 172, 18, eff. Jan. 1, 2011; SL 2011, ch 1 (Ex. Ord. 11-1), 161, eff. Apr. 12, 2011; SL 2012, ch 189, 1.
34-49-19. Out-of-state sales permitted.Nothing in this chapter prohibits any person or entity from manufacturing or selling cigarettes that do not meet the requirements of 34-49-2 to 34-49-7, inclusive, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to any person located in this state. Source: SL 2009, ch 172, 19, eff. Jan. 1, 2011.
34-49-2. Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.Except as provided in 34-49-7, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with 34-49-8, and the cigarettes have been marked in accordance with 34-49-9.Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes as of January 1, 2009, and shall be conducted on ten layers of filter paper.No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. The performance standard required by this section only applies to a complete test trial. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the state fire marshal.Any laboratory conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. No repeatability value may be greater than nineteen hundredths.This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose. Any testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this section. Source: SL 2009, ch 172, 2, eff. Jan. 1, 2011.
34-49-20. Certain sales of existing inventory on or after January 1, 2011 permitted.Nothing in this chapter prohibits any distributor, wholesaler, or dealer from selling its existing inventory of cigarettes on or after January 1, 2011, if the distributor, wholesaler, or dealer establishes that the state tax stamps were affixed to the cigarettes before January 1, 2011. In addition, the inventory of cigarettes must have been purchased in a comparable quantity to the inventory that was purchased during the same period for the preceding year. Source: SL 2009, ch 172, 20, eff. Jan. 1, 2011.
34-49-21. Preemption of local laws, ordinances, and regulations.This chapter preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation conflicting with or preempted by this chapter. Source: SL 2009, ch 172, 21, eff. Jan. 1, 2011.
34-49-22. Repeal upon express federal preemption.The provisions of this chapter are repealed if a federal reduced cigarette ignition propensity standard that expressly preempts this chapter is adopted and becomes effective. Source: SL 2009, ch 172, 22, eff. Jan. 1, 2011.
34-49-23. Construction of chapter with law of other states.It is the intent of the Legislature that this chapter be construed consistent with comparable reduced ignition propensity laws enacted by other states. Source: SL 2009, ch 172, 23, eff. Jan. 1, 2011.
34-49-3. Use of lowered permeability bands to meet performance standard--Requirements.Each cigarette listed in a certification submitted pursuant to 34-49-8 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes. Source: SL 2009, ch 172, 3, eff. Jan. 1, 2011.
34-49-4. Alternative test method and performance standard.A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in 34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in 34-49-2, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to 34-49-8. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test may not be accepted under this chapter. All other applicable requirements of this chapter apply to the manufacturer. Source: SL 2009, ch 172, 4, eff. Jan. 1, 2011.
34-49-5. Retention of test reports--Copies to be made available--Civil penalty for violation.Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request is subject to a civil penalty by the state fire marshal not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make the copies available. Source: SL 2009, ch 172, 5, eff. Jan. 1, 2011.
34-49-6. Subsequent ASTM Standard Test Method.The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in 34-49-2. Source: SL 2009, ch 172, 6, eff. Jan. 1, 2011.
34-49-7. Sale of cigarettes for purpose of consumer testing not prohibited.The requirements of 34-49-2 do not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this section, the term, consumer testing, means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes. The manufacturer may only utilize the quantity of cigarettes that is reasonably necessary for the assessment. Source: SL 2009, ch 172, 7, eff. Jan. 1, 2011.
34-49-8. Certification of testing and compliance with performance standard--Contents.Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with this chapter and meets the performance standard set forth in this chapter.Each cigarette listed in the certification shall be described with the following information:(1)Brand or trade name on the package;(2)Style, such as light or ultra light;(3)Length in millimeters;(4)Circumference in millimeters;(5)Flavor, such as menthol or chocolate, if applicable;(6)Filter or nonfilter;(7)Package description, such as soft pack or box;(8)Marking pursuant to 34-49-9;(9)The name, address, and telephone number of the laboratory; and(10)The date that the testing occurred.The certifications shall be made available to the attorney general and the secretary for purposes consistent with this chapter. Each cigarette certified under this section shall be recertified every three years. For each brand family of cigarettes listed in a certification, a manufacturer shall pay to the state fire marshal a fee of one thousand five hundred dollars. The fee shall apply to all cigarettes within the brand family certified, and shall include any new cigarette certified within the brand family during the three-year certification period.If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in this chapter. The manufacturer shall maintain records of that retesting as required by this chapter. Any altered cigarette which does not meet the performance standard set forth in this chapter may not be sold in this state. Source: SL 2009, ch 172, 8, eff. Jan. 1, 2011.
34-49-9. Cigarette package marking requirements.Cigarettes that are certified by a manufacturer in accordance with this chapter shall be marked to indicate compliance with the requirements of this chapter. The marking shall be in eight point type or larger and consist of the letters, FSC, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code.A manufacturer may only use one marking, and shall apply this marking uniformly for all packages, including packs, cartons, and cases, and brands marketed by that manufacturer.Any manufacturer certifying cigarettes in accordance with this chapter shall provide a copy of the certifications to each distributor, wholesaler, and retailer to which the manufacturer sells cigarettes. Each distributor, wholesaler, and retailer shall permit the state fire marshal, the secretary, and the attorney general to inspect markings of cigarette packaging marked in accordance with this section. Source: SL 2009, ch 172, 9, eff. Jan. 1, 2011.
34-50-1. Definitions.Terms used in this chapter mean:(1)"Critical incident stress," the acute or cumulative psychological stress or trauma that an emergency service provider may experience by providing services during a critical incident, crisis, disaster, or emergency. Critical incident stress is a strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning, such as:(a)Physical, mental, or emotional illness;(b)Failure of usual coping mechanisms;(c)Loss of interest in the job or in usual social relationships;(d)Personality changes; or(e)Loss of ability to function;(2)"Critical incident stress management," any consultation, incident briefing and debriefing, on-site crisis intervention, counseling, risk assessment, case management services, harm prevention, and referral, provided by any person designated by an appropriate state or local governmental unit or agency to an emergency service provider affected by critical incident stress;(3)"Critical incident stress management team," any person designated by an appropriate state or local governmental unit or agency to provide professional critical incident stress management to an emergency service provider affected by critical incident stress, and certified by the International Critical Stress Foundation as a Critical Incident Stress Management provider;(4)"Peer support team member," any person, who is a peer of the emergency service provider, designated by an appropriate state or local government unit to provide critical incident stress management services to the provider, and certified by the International Critical Stress Foundation as a Critical Incident Stress Management provider;(5)"Emergency service provider" or "provider," any person who provides response services during a critical incident, by or on behalf of a state or local governmental unit. Source: SL 2015, ch 187, 1.
34-50-2. Confidentiality of interview, meeting, conference, or on-site intervention.Except as provided for in 34-50-3 and notwithstanding any other law, an interview, meeting, conference, or on-site intervention in which critical incident stress management services are provided shall be:(1)Closed to the general public; and(2)Closed to any person who was not directly involved in the critical incident or the critical incident stress management. Source: SL 2015, ch 187, 2.
34-50-3. Exceptions to confidentiality of interview, meeting, conference, or on-site intervention.The confidentiality provided for in 34-50-2 does not apply if:(1)The critical incident stress management services are conducted on-site, in public, because of exigent circumstances inherent in the critical incident itself;(2)The emergency service provider, or the legal representative of the provider, expressly agrees that the interview, meeting, conference, or on-site intervention may be open to the general public or to certain specified persons. Source: SL 2015, ch 187, 3.
34-50-4. Confidentiality of communication to or record of critical incident stress management team or peer support team.Except as otherwise provided for in 34-50-5, a communication made by an emergency service provider to a critical incident stress management team or to a peer support team member while the provider receives critical incident stress management services is confidential and may not be disclosed in a civil or administrative proceeding.Any record kept by a critical incident stress management team or a peer support team member, relating any critical incident stress management services to an emergency service provider, is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil or administrative proceeding. Source: SL 2015, ch 187, 4.
34-50-5. Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team.A communication or record described by 34-50-4 is not confidential if:(1)It conveys information to an appropriate professional for further consultation, advice, or referral service that the critical incident stress management team reasonably deems necessary for the continuing care of the emergency service provider;(2)It conveys information that the emergency service provider is or reasonably appears to be an imminent threat to the provider or others;(3)It conveys information relating to a past, present, or future criminal act;(4)The emergency service provider, or the legal representative of the provider, expressly agrees that the communication or record is not confidential; or(5)The emergency service provider is deceased.A communication or record described by 34-50-4 is not confidential to the extent that it only conveys information concerning the services and care provided to or withheld by the emergency service provider to an individual injured or killed in the critical incident. Source: SL 2015, ch 187, 5.
34-50-6. Immunity from liability.A critical incident stress management team or a peer support team member providing critical incident stress management services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the team or member's act, error, or omission in the performance of the services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct. Source: SL 2015, ch 187, 6.
34-51-1. Definitions.Terms used in this chapter mean:(1)"Advanced illness," any progressive disease, medical, or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of current federally approved and available treatments, and that without life sustaining procedures, would result in death;(2)"Investigational drug, biological product, or device," any drug, biological product, or device that has successfully completed phase 1 of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in a United States Food and Drug Administration approved clinical trial;(3)"Physician," any person who is licensed pursuant to the provisions of chapter 36-4. Source: SL 2015, ch 188, 1.
34-51-10. Private cause of action not authorized.This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device, or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from treatment if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and exercised reasonable care. Source: SL 2015, ch 188, 10.
34-51-2. Eligible patient defined.For the purposes of this chapter, the term, eligible patient, means a patient who meets all the following qualifications:(1)Has an advanced illness, attested by the patient's treating physician;(2)Has considered all other treatment options currently approved by the United States Food and Drug Administration;(3)Has received a recommendation from the patient's treating physician for an investigational drug, biological product, or device;(4)Has given written, informed consent for the use of the investigational drug, biological product, or device; and(5)Has documentation from the patient's treating physician that the patient meets requirements pursuant to this chapter. Source: SL 2015, ch 188, 2.
34-51-3. Written, informed consent.For purposes of this chapter, the term, written, informed consent, consists of a signed writing executed by the patient, parent, or legal guardian, if the patient is a minor, or substitute informed consent from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C, if the patient is incapacitated as defined in 34-12C-1, and attested to by the treating physician, that:(1)Explains the currently approved products and treatments for the disease or condition from which the patient suffers;(2)Attests to the fact that the patient concurs with his or her treating physician that no current United States Food and Drug Administration approved treatment would likely prolong the patient's life;(3)Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use;(4)Describes the potential outcomes of using investigational drug, biological product, or device. The description shall include any possibility of worsening symptoms and death hastened by the treatment;(5)Contains a statement that the patient's health insurance carrier is not obligated to pay for any care or treatments consequent to the use of the investigational drug, biological product, or device;(6)Makes clear that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the investigational drug, biological product, or device and that care may be reinstated if this treatment ends and patient meets hospice eligibility requirements; and(7)Makes clear that the patient understands that he or she is liable for all expense consequent to the use of the investigational drug, biological product, or device. Source: SL 2015, ch 188, 3.
34-51-4. Treatment with investigational drug, biological product, or device.A manufacturer of an investigational drug, biological product, or device may make the treatment available, and an eligible patient may request the manufacturer's investigational drug, biological product, or device for treatment pursuant to this chapter. This chapter does not require that a manufacturer make available an investigational drug, biological product, or devices to an eligible patient. Source: SL 2015, ch 188, 4.
34-51-5. Treatment without compensation permitted.A manufacturer may provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. Source: SL 2015, ch 188, 5.
34-51-6. Reimbursement of manufacturer from decedent's estate prohibited.If a patient dies while being treated by an investigational drug, biological product, or device, the manufacturer may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the patient's or caretaker's estate. Source: SL 2015, ch 188, 6.
34-51-7. Health care provider not liable for recommendation.No licensing board may revoke, fail to renew, suspend, or take any action against a health care provider's license pursuant to the provisions of chapter 36-4, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. No entity responsible for Medicare certification may take action against a health care provider's Medicare certification based solely on the health care provider's recommendation regarding an investigational drug, biological product, or device. Source: SL 2015, ch 188, 7.
34-51-8. Treating physician immune.A treating physician who is in compliance with the requirements of this chapter may not be subject to arrest or prosecution, penalty, or denial of any right or privilege granted otherwise. Source: SL 2015, ch 188, 8.
34-51-9. State employees prohibited from blocking eligible patient's access to investigational drug, biological product, or device.No official, employee, or agent of this state may block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section. Source: SL 2015, ch 188, 9.
34-52-1. Definitions. Terms used in this chapter mean:(1)"Health care professional," as defined in 58-17F-1;(2)"Health care facility," any office or institution where health services are provided, including any hospital, clinic, ambulatory surgery center, outpatient care facility, nursing home, assisted living facility, laboratory, or office of a health care professional;(3)"Originating site," a site where a patient is located at the time health care services are delivered to the patient via telehealth;(4)"Store-and-forward technology," secure electronic information, imaging, or data, including audio, video, and data communication that is transferred or recorded or otherwise stored for asynchronous delivery of health care services to a patient; and(5)"Telehealth," the use of secure electronic information, imaging, and communication technologies by a health care professional to deliver health care services to a patient, including interactive audio-video, interactive audio with store and forward, store-and-forward technology, and remote patient monitoring. Telehealth does not include the delivery of health care services through electronic means under the provisions of chapter 27A-10. Source: SL 2019, ch 156, 1; SL 2020, ch 151,  1; SL 2021, ch 158,  1.
34-52-2. Treatment of patients through telehealth--Requirements.Any health care professional treating a patient in the state through telehealth shall be:(1)Fully licensed to practice in the state or employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare agency under 36-32-76; and(2)Subject to any rule adopted by the applicable South Dakota licensing body.Consultation between a resident health care professional and a nonresident health care professional under this chapter is governed by 36-2-9. Source: SL 2019, ch 156, 2; SL 2020, ch 165,  49.
34-52-3. Provider-patient relationship required--Exceptions. Any health care professional who utilizes telehealth shall ensure that a proper health provider-patient relationship is established and includes:(1)Verifying and authenticating the location and, to the extent reasonable, identifying the requesting patient;(2)Disclosing and validating the health care professional's identity and applicable credentials, as appropriate;(3)Obtaining appropriate consent for treatment from a requesting patient after disclosure regarding the delivery models and treatment methods or limitations;(4)Establishing a diagnosis through the use of acceptable medical practices, including patient history, mental status examination, physical examination, and appropriate diagnostic and laboratory testing;(5)Discussing with the patient the diagnosis and its evidentiary basis and the risks and benefits of various treatment options;(6)Ensuring appropriate follow-up care for the patient;(7)Providing a visit summary to the patient or consult note; and(8)Utilizing technology sufficient to evaluate or diagnose and appropriately treat a patient for the condition as presented in accordance with the applicable standard of care.Exceptions to the requirements of this section include on-call, cross coverage situations, and consultation with another health care professional who has an ongoing health care provider relationship with the patient and agrees to supervise the patient's care and emergency treatment. Source: SL 2019, ch 156, 3; SL 2021, ch 158,  2.
34-52-4. Treatment and consultation recommendations.Treatment and consultation recommendations made through telehealth via a health care professional shall be appropriately provided and within the health care professional's scope of practice, training, and experience. Source: SL 2019, ch 156, 4.
34-52-5. Face-to-face examination using real-time audio and visual technology.A health care professional using telehealth to provide medical care to any patient located in the state shall provide an appropriate face-to-face examination using real-time audio and visual technology prior to diagnosis and treatment of the patient, if a face-to-face encounter would otherwise be required in the provision of the same service not delivered via telehealth. Source: SL 2019, ch 156, 5.
34-52-6. Prescribing drugs.Without a proper provider-patient relationship, a health care professional using telehealth may not prescribe a controlled drug or substance, as defined by 34-20B-3, solely in response to an internet questionnaire or consult, including any encounter via telephone. Source: SL 2019, ch 156, 6; SL 2020, ch 151,  2.
34-52-7. Informed consent.A health care professional using telehealth shall follow any applicable state or federal statute or rule for informed consent. Source: SL 2019, ch 156, 7.
34-52-8. Medical records.A health care professional or the originating site treating a patient through telehealth shall:(1)Maintain a complete record of the patient's care;(2)Disclose the record to the patient consistent with state and federal laws; and(3)Follow applicable state and federal statutes and regulations for medical record retention and confidentiality. Source: SL 2019, ch 156, 8.
34-53-1. Definitions.Terms used in this chapter mean:(1)"Action notice," the director's communication of a decision on a claim;(2)"Civil recoveries," funds received by the state or a political subdivision from a third party, other than a pipeline company, as a result of violations of the law and transferred to the fund from the riot boosting recovery fund;(3)"Claim," an invoice submitted to the director of the PEACE fund by the state or a political subdivision for an extraordinary expense;(4)"Department," the Department of Public Safety;(5)"Director," the director of the Division of Emergency Services within the Department of Public Safety;(6)"Extraordinary expense," a reasonable and legitimate cost incurred by the state or a political subdivision to prepare for, respond to, or which arises from opposition to a project that would not have been incurred but for pipeline construction, and is incurred due to the:(a)Performance of activities of law enforcement officers as defined in 23-3-27;(b)Performance of functions arising from pipeline construction that are included in 34-48A-1 notwithstanding the lack of an emergency declaration; or(c)Prosecution of criminal offenses, including the cost of pretrial confinement and post-conviction sentences in a county jail facility.The term does not include any expense incurred by a private cooperative or business entity; workers' compensation or disability benefits for employees of this state or political subdivisions arising out of injuries incurred in the course of employment; or costs associated with or resulting from the call to active duty, mobilization, or service of the National Guard;(7)"Oil product," any oil, including unrefined oil, oil produced from oil sand deposits, diluted bitumen, or crude oil;(8)"PEACE fund," the pipeline engagement activity coordination expenses fund;(9)"Pipeline," all parts of physical facilities through which any oil product is carried within this state, including pipe, valves, other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies;(10)"Pipeline company," a person or entity who is the owner of a project or holds a permit from the Public Utilities Commission for a project;(11)"Pipeline construction," the engagement in any activity following the project commencement date in furtherance of a project by a pipeline company, or those acting on its behalf, within this state;(12)"Political subdivision," a county or municipality;(13)"Project," the installation of a pipeline greater than twelve inches in diameter, or the construction of a supporting facility in furtherance of carrying any oil product by a pipeline company. The term does not include routine maintenance of a pipeline or supporting facility in operation as of March 27, 2019;(14)"Project commencement date," the date that occurs after:(a)A project receives its regulatory permit;(b)No court-imposed impediments on the project exist; and(c)Preparation of the pipeline right-of-way or the ground for a supporting facility commences.Notwithstanding subsections (a) to (c) of this subdivision, the secretary may issue an administrative notice, which is not reviewable, deeming pipeline construction to have begun for purposes of this chapter; (15)"Project completion date," the date on which pipeline construction concludes so that any oil product carried through a pipeline from an originating station fills the entire length of a completed pipeline and permanent pump stations within this state;(16)"Secretary," the secretary of the Department of Public Safety;(17)"Special fee," a fee billed to and paid by a pipeline company to defray administrative costs and extraordinary expenses;(18)"State," this state or any agency of the state that is vested with the authority to exercise any portion of the state's sovereignty or with law enforcement authority;(19)"Supporting facility," a structure necessary and ancillary to a pipeline, including a pressure pump station, housing facility for project personnel, storage area for tangible property, or other temporary structure of a pipeline company or its agent. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 1, eff. Mar. 27, 2019.
34-53-10. Pipeline company initial deposit into PEACE fund--Return of balance after project completion.Within twenty days of a project commencement date, the pipeline company shall make an initial deposit to the PEACE fund equal to five percent of the bond required under 34-53-13. The project account and fund may only be used in accordance with this chapter, and any remaining balance shall be remitted to the pipeline company no later than eighteen months after the project completion date less the amount equal to unresolved disputed claims under 34-53-9. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 10, eff. Mar. 27, 2019.
34-53-11. Calculation and billing of special fees.On a monthly basis, the Department of Public Safety shall calculate the special fee from the total approved claims paid from the fund during the prior calendar month. The total extraordinary expenses shall include the interest computed at the federal short-term applicable rate as set forth under 26 U.S.C. 6621(b)(3), and in effect on January 1, 2019. The department shall exclude disputed and properly preserved claims under 34-53-9 and account for the remaining initial deposit under 34-53-10.On or before the twentieth day of each month, the secretary shall bill the pipeline company for the total net special fee computed under this section, which is due on the tenth day of the following month.If a disputed claim under 34-53-9 is resolved in favor of payment from the fund, the department shall include the amount of the claim, including any pre-judgment interest, in the following month's special fee to be billed under this section.If funds are received and deposited into the PEACE fund after special fees have been fully paid, the secretary shall disburse any remaining unobligated funds to the federal government agency that made contribution to the fund and the pipeline company on a pro rata basis until contributions are returned, and any remaining amounts deposited into the state general fund. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 11, eff. Mar. 27, 2019.
34-53-12. Special fee as continuing lien on pipeline company property.Any special fee billed under 34-53-11, including any computed interest, is a continuing lien on all property owned by the pipeline company within this state until the total special fee is paid in full or otherwise finally resolved. The secretary of the Department of Revenue shall file a notice of the lien describing the property against which the lien applies in the office of the register of deeds in the county where the property is located. Upon the filing of notice under this section, the lien is attached to all property of the pipeline company within this state and has priority over all other claims or liens on the property. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 12, eff. Mar. 27, 2019.
34-53-13. Pipeline company to furnish surety bond.A pipeline company shall furnish a surety bond to the Department of Revenue written by a company authorized by the Division of Insurance to write surety bonds, in an amount of one million dollars for every ten miles affected by a project, but not in excess of twenty million dollars for each project. The surety bond furnished under this section is due to the Department of Revenue twenty days after the project commencement date. The surety bond shall name the state as the assured and shall be deposited with, and in a form and on terms approved by, the secretary of the Department of Revenue.A pipeline company shall increase the surety bond above the initial surety bond amount by increments of twenty-five percent of the initial surety bond amount within ten days following each instance in which the department issues written notice that the incremental amount of all disputed and properly preserved claims under 34-53-9 equals twenty-five percent of the initial surety bond amount.A political subdivision does not have standing to make a claim against the surety on a surety bond under this section. The state may file a claim against the surety if a pipeline company is in violation of this chapter. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 13, eff. Mar. 27, 2019.
34-53-14. Cease and desist order for noncompliance.In addition to any other remedy provided by law, if a pipeline company fails to meet the requirements of this chapter, the secretary may order the pipeline company, and any person acting on the pipeline company's behalf, to issue a full, partial, or conditional cease and desist from all pipeline construction. An order to cease and desist under this section is effective upon service to the pipeline company and remains effective and enforceable until further order of the secretary. An appeal from the order shall be filed in accordance with chapter 1-26D. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 14, eff. Mar. 27, 2019.
34-53-15. Title to surety bond vested in the state.All right and title in any surety bond furnished under 34-53-13 is vested with the state. The surety bond does not constitute an asset of a pipeline company that is required to furnish the surety bond under 34-53-13, and may not be canceled, assigned, revoked, disbursed, replaced, or allowed to terminate, without the recommendation of the commissioner of Bureau of Finance and Management and the approval of the Executive Board of the Legislative Research Council. The surety bond may not be assigned for the benefit of creditors, attached, garnished, levied, executed on, or subject to process from any court, except for the purpose of enabling the state to recover moneys advanced by the PEACE fund. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 15, eff. Mar. 27, 2019.
34-53-16. Discretion of secretary.The secretary may instruct the director to:(1)Withhold, delay, suspend, or reduce any monthly billing to a pipeline company, if the secretary has cause to anticipate the receipt of an additional deposit from a source other than a pipeline company;(2)For good cause shown, review any claim that is submitted to the director more than forty-five days from the date the extraordinary expense was incurred; or(3)For good cause shown, subordinate the lien under 34-53-12. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 16, eff. Mar. 27, 2019.
34-53-17. Contract between state and pipeline company.Nothing in this chapter prevents the state and a pipeline company from entering into any contract or other agreement, provided the terms of the contract or agreement are not inconsistent with this chapter. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 17, eff. Mar. 27, 2019.
34-53-18. Promulgation of rules.The secretary may promulgate rules in accordance with chapter 1-26 to implement the provisions of this chapter. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 18, eff. Mar. 27, 2019.
34-53-2. PEACE fund established.There is established in the state treasury the PEACE fund. Money in the fund may be used to pay administrative costs and extraordinary expenses incurred by the state or a political subdivision, arising out of or in connection with pipeline construction. Any interest earned on money in the fund shall be credited to the fund. The fund is continuously appropriated to the department.The department shall administer the fund and maintain separate accounts for each project. The secretary shall approve vouchers and the state auditor shall draw warrants to pay administrative costs and extraordinary expenses in accordance with this chapter. All money received by the department for the PEACE fund shall be set forth in an informational budget pursuant to 4-7-7.2 and be annually reviewed by the Legislature. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 2, eff. Mar. 27, 2019.
34-53-3. Claim for extraordinary expense--Records.The state or a political subdivision may submit a claim for extraordinary expense to the director for disbursement from the PEACE fund in accordance with this chapter. Each claim under this section shall be accompanied by a statement of the basis on which it is made, and true and accurate records and books of account regarding the extraordinary expense claimed, including copies of checks, vouchers, warrants, sales receipts, invoices, billings, payroll records, or similar documents for each extraordinary expense in sufficient detail to allow the director to reasonably review the claim.The state or a political subdivision receiving a disbursement from the fund for an approved claim under this section shall keep and maintain true and accurate records and books of account consistent with government accounting standards and in the same manner and for the same period as required by law and shall be available for inspection by the director and a duly-authorized representative of the pipeline company.On or before the first of February of each year, the director shall provide statements of claim activities for the preceding calendar year to the secretary, any applicable political subdivision, and the pipeline company. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 3, eff. Mar. 27, 2019.
34-53-4. Request for pre-approval of anticipated claim for extraordinary expense.The state or a political subdivision may submit a request for pre-approval of an anticipated claim for extraordinary expense to the PEACE fund in accordance with this chapter. Each request for pre-approval submitted under this section shall be accompanied by a statement of the basis on which the request is made and a description of the anticipated extraordinary expense in sufficient detail to allow the director to reasonably review the request.If a request submitted under this section is approved, the state or political subdivision shall provide the director with the same documentation as required for a claim submitted under 34-53-3 after the extraordinary expense is incurred. The director shall review the documents provided under this section to determine whether the expenditure is consistent with the pre-approval decision and issue an action notice regarding the director's determination. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 4, eff. Mar. 27, 2019.
34-53-5. Approval or denial of claim or request for pre-approval.The director shall approve or deny, in whole or in part, any claim submitted under 34-53-3 or any request submitted under 34-53-4. The director may condition any claim for extraordinary expense at the director's discretion.The director shall issue an action notice to the state, political subdivision, and the pipeline company of the approval or denial, in whole or in part, of a claim within ten days of receiving the claim under 34-53-3, or of a request within ten days of receiving claim documentation as required under 34-53-4. The action notice shall include all approved and denied portions of the claim, and the rationale for the approval or denial, in sufficient detail to allow the secretary, political subdivision, and the pipeline company to review the decision. An action notice may be accompanied by the records submitted in accordance with 34-53-3.A claim submitted by the state or a political subdivision is not payable from the PEACE fund until the claim is approved by the director. The director shall authorize disbursements from the fund for payment of an approved claim to the state or a political subdivision within forty-five days from the date of the action notice. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 5, eff. Mar. 27, 2019.
34-53-6. Time for submission and approval of claim or request for pre-approval.A claim under 34-53-3 may be submitted to the director only after the project commencement date. A request under 34-53-4 may be submitted on or after March 27, 2019.A claim under 34-53-3 shall be submitted to the director within forty-five days of the date the extraordinary expense is incurred.Notwithstanding any other provision of this chapter, the director may not approve any claim or any request for pre-approval that will not be incurred within one year after the project completion date, subject to 34-53-16. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 6, eff. Mar. 27, 2019.
34-53-7. Department and pipeline company coordination of claims and requests for pre-approval.The department shall communicate with the pipeline company to review any claim or request for pre-approval made to the PEACE fund under 34-53-3 or 34-53-4. A pipeline company shall designate in writing three official representatives who are authorized to coordinate with the department. Any one official representative's concurrence with the director's action notice approving a claim is a waiver of the right of that pipeline company to contest the action notice and is a waiver of the informal review process by the secretary. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 7, eff. Mar. 27, 2019.
34-53-8. Reimbursements to be deposited in PEACE fund.If the state or a political subdivision receives payment from the PEACE fund for an extraordinary expense, and subsequently receives reimbursement through restitution, judgment, settlement, contribution, or other funding for the expense from any other source, except civil recoveries, the reimbursement shall be deposited into the fund. The reimbursement deposited into the fund is a credit to a pipeline company and shall be used to offset the next special fee calculated under 34-53-11. Any reimbursement from federal sources or civil recoveries shall be deposited only as allocated by the secretary. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 8, eff. Mar. 27, 2019.
34-53-9. Pipeline company objection to approval or denial of claim--Review--Appeal.A pipeline company that disputes the approval or denial, in whole or in part, of a claim under 34-53-5 may, within ten days of the date of the action notice, submit its objection in good faith, together with a statement of the basis for the objection, and request a review from the secretary. The secretary shall make an expeditious review of the director's action notice and may approve, modify, condition, or deny the claim, in whole or in part. The secretary's review must be exhausted before any appeal to the Office of Hearing Examiners.A pipeline company may appeal the secretary's decision, if the pipeline company has properly preserved its appeal by giving written notice to the secretary within ten days of the date of the secretary's decision.The pipeline company may commence one administrative appeal annually arising out of all decisions, joined for judicial efficiency, dated during the preceding calendar year from which the pipeline company wishes to appeal. The pipeline company shall file a written notice of appeal with the Office of Hearing Examiners. Copies of the written notice must be served on the secretary and any other interested party no later than the first of March or the appeal is barred. A written notice of appeal shall identify each disputed and properly preserved claim with a decision in the prior calendar year.An appeal under this section shall be conducted by a hearing examiner in accordance with chapter 1-26D. The hearing examiner, after hearing the evidence, shall make proposed findings of fact and conclusions of law, and issue a proposed decision. The secretary shall accept, reject, or modify the hearing examiner's findings, conclusions, and decision, which then constitutes the final agency decision. Alternatively, the secretary may appoint the hearing examiner to make the final agency decision. The secretary may arrange for assistance from private counsel throughout the administrative appeal process. The final agency decision may be appealed to circuit court in accordance with chapter 1-26. A pipeline company has standing to appeal under this section.The appeal under this section is the exclusive remedy of a pipeline company regarding the disbursement of a claim of extraordinary expense and constitutes a limited express waiver of sovereign immunity only to the extent necessary under this section. The venue for any disputed claim and appeal under this section is Hughes County. Pre-judgment interest shall accrue from the date of the secretary's final decision on all disputed claims at the Category B rate of interest specified in 54-3-16. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, 19.) Source: SL 2019, ch 157, 9, eff. Mar. 27, 2019.
34-54-1. Definitions. Terms used in this chapter mean:(1)"Primary care provider," an individual or other legal entity that is licensed, registered, or otherwise authorized to provide primary care services in the state, including an individual or other legal entity whose practice is professionally associated with the individual or other legal entity;(2)"Direct primary care agreement," a contract between a primary care provider and an individual patient or his or her legal representative in which the health care provider agrees to provide primary care services to the individual patient for an agreed-upon fee and period of time;(3)"Direct primary care practice," a practice that:(a)Charges a periodic fee for services;(b)Does not bill any third parties on a fee-for-service basis; and(c)Limits any per visit charge to less than the monthly equivalent of the periodic fee;(4)"Primary care service," any service for the purpose of promotion of health or the detection and management of disease or injury within the competency and training of the primary care provider, including screenings, assessments, diagnoses, and treatments. Source: SL 2021, ch 159,  1.
34-54-2. Provisions not applicable--Direct primary care agreement. A direct primary care agreement is not insurance and is not subject to title 58. Entering into a direct primary care agreement is not the business of insurance and is not subject to title 58. A primary care provider or agent of a health care provider is not required to obtain a certificate of authority or license under this chapter to market, sell, or offer to sell a direct primary care agreement. Source: SL 2021, ch 159,  2.
34-54-3. Requirements. To be considered a direct primary care agreement for the purposes of this chapter, the agreement must meet all of the following requirements:(1)Be in writing;(2)Be signed by the primary care provider or agent of the primary care provider and the individual patient or his or her legal representative;(3)Allow either party to terminate the agreement on written notice to the other party;(4)Describe the scope of primary care services that are covered by the periodic fee;(5)Specify the periodic fee and any additional fees outside of the periodic fee for ongoing care under the agreement;(6)Specify the duration of the agreement and any automatic renewal periods;(7)Require that no more than twelve months of the periodic fee be paid in advance and that upon discontinuing the agreement, all unearned funds are returned to the patient; and(8)Prominently state in writing that the agreement is not health insurance. Source: SL 2021, ch 159,  3.
34-54-4. Accepting patients--Discontinuing care. Direct primary care practices may not decline to accept a new direct primary care patient or discontinue care to an existing patient solely because of the patient's health status. A direct practice may decline to accept a patient if the practice has reached its maximum capacity, or if the patient's medical condition is such that the provider is unable to provide the appropriate level and type of primary care services the patient requires. So long as the direct primary care practice provides the patient notice and opportunity to obtain care from another physician, the direct primary care practice may discontinue care for a direct primary care patient if:(1)The patient fails to pay the periodic fee;(2)The patient has performed an act of fraud;(3)The patient repeatedly fails to adhere to the recommended treatment plan;(4)The patient is abusive and presents an emotional or physical danger to the staff or other patients of the direct practice; or(5)The direct primary care practice discontinues operation as a direct primary care practice. Source: SL 2021, ch 159,  4.
34-55-1. Heroes wellness grant. The Office of the Attorney General shall establish and administer the heroes wellness grant. Funds shall be expended as appropriated by the Legislature. Source: SL 2021, ch 160,  1, eff. Mar. 25, 2021.
34-55-2. Grant--Oversight--Purposes. All moneys for the heroes wellness grant shall be used and expended under the direction of the attorney general. The attorney general shall provide grants to eligible applicants for the purpose of creating, establishing, and developing first responder peer support programs and first responder critical incident stress management programs within the state. Grants shall be provided for training programs that are, or are similar to those, developed by the International Critical Incident Stress Foundation, Inc. First responders, whether volunteer or professional, include any member of a:(1)Law enforcement organization;(2)Fire suppression organization;(3)Emergency medical service, including emergency medical technicians and paramedics; and(4)An organization providing emergency dispatch services to any organization listed in this section. Source: SL 2021, ch 160,  2, eff. Mar. 25, 2021.
34-55-3. Application--Review--Criteria--Promulgation of rules. An applicant shall submit an application to the attorney general on a form prescribed by the attorney general. The attorney general shall, by rules promulgated pursuant to chapter 1-26, develop administrative procedures regarding the application and grant award process including any scoring system to be used to evaluate or rank applications. The attorney general shall act as fiscal agent for the grant and shall be responsible for receiving and reviewing grant applications and awarding grants under this chapter. The attorney general shall give consideration to regions within the state that may have more significant need.At least thirty days before the first day applications may be submitted each fiscal year, the attorney general shall publish on the office's website the specific criteria and any scoring system used to evaluate or rank applications and award grants under this chapter. The attorney general shall also post any unserved or underserved areas that are eligible for grant funding. Source: SL 2021, ch 160,  3, eff. Mar. 25, 2021.
34-55-4. Application--Contents. An applicant for a grant under this chapter shall provide the following information on the application:(1)The location of the project;(2)The proposed training;(3)The number of personnel to be trained;(4)The total cost of the training and associated expenses; and(5)Any additional information requested by the attorney general. Source: SL 2021, ch 160,  4, eff. Mar. 25, 2021.
34-55-5. Grant funds--Use. Grant funds may be used for:(1)Costs and expenses associated with hosting and coordinating an eligible training;(2)Per diem for food and lodging, at the rate established under  3-9-2, for each full day a person provides or participates in a training funded under this grant; and(3) Mileage, at the rate established under  3-9-1, to and from the training for each person that provides or participates in a training funded under this grant. Source: SL 2021, ch 160,  5, eff. Mar. 25, 2021.