reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-80 - Suspension or revocation of medical cannabis establishment registration certificate.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-81 - Notice of suspension, revocation, or sanction--Notice of hearing--Duration of suspension.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-82 - Permitted and prohibited conduct during suspension.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-83 - Revocation of registry identification card for cannabis sale to unauthorized person--Disqualification.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-84 - Revocation of registry identification card for multiple or serious violations.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-85 - Judicial review of revocation.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-86 - Confidential data.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-87 - Restrictions on data maintained by department.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-88 - Permitted disclosure of data maintained by the department.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-89 - Cardholder data maintainable by establishment limited--Authorization to maintain PII.

34-20G-89. Cardholder data maintainable by establishment limited--Authorization to maintain PII.
Except as otherwise provided in this section, information kept or maintained by a medical cannabis establishment may identify a cardholder only by registry identification number and may not contain names or other personally identifiable information.
A cardholder may, in writing, authorize an establishment to maintain the cardholder's name and other personally identifiable information, for the limited purpose of receiving direct communication regarding the cardholder's:
(1)Individual medical needs; or
(2)Use of a specific product.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 124, §1, eff. Mar. 8, 2023.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-90 - Cardholder's request for department to confirm cardholder status to others.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-91 - Destruction of unused media containing cardholder information.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-92 - Oversight committee membership.

34-20G-92. Oversight committee--Membership.
The Executive Board of the Legislative Research Council shall appoint an oversight committee consisting of:
(1)Two members of the Senate;
(2)Two members of the House of Representatives;
(3)One physician licensed in accordance with chapter 36-4;
(4)One physician assistant licensed in accordance with chapter 36-4A;
(5)One certified nurse practitioner licensed in accordance with chapter 36-9A;
(6)One chief of police for a municipality having a population in excess of fifty-thousand, or a representative of the police department designated by the chief;
(7)One sheriff of a county or a representative of the sheriff's office designated by the sheriff;
(8)One professional counselor licensed in accordance with chapter 36-32 or one addiction counselor licensed in accordance with chapter 36-34; and
(9)One qualifying patient.
Each appointee shall serve for a term of two years and may be reappointed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 135, §1; SL 2023, ch 125, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-92.1 - Oversight committee--Leadership.

34-20G-92.1. Oversight committee--Leadership.
Beginning in 2023, and every two years thereafter, the oversight committee shall select from among itself one legislator to serve as the chair and one legislator, from the opposite chamber, to serve as the vice chair.
Beginning in 2025, the legislators selected to serve as the chair and vice chair may not be from the same chamber as their immediate predecessors.
Source: SL 2023, ch 125, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-93 - Oversight committee duties.

34-20G-93. Oversight committee--Duties--Input.
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 recommendations relating to security, safe handling, labeling, and nomenclature;
(6)Any research studies regarding health effects of medical cannabis for patients; and
(7)Any medical and clinical aspects of the medical cannabis program.
The oversight committee shall ensure that it seeks relevant input from qualifying patients; designated caregivers; pharmacists; school boards and administrators; parents; municipal representatives; state agencies, including the Department of Health, the South Dakota Division of Criminal Investigation, and the Department of Public Safety; and medical cannabis establishments.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 125, §3; SL 2023, ch 126, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-94 - Annual report to the Legislature--Information excluded.

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.
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Effective June 30, 2025
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34-20G-94. Repealed.
Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 136, §1; SL 2022, ch 136, §2, eff. Jun. 30, 2025.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20G - Medical Cannabis › Section 34-20G-95 - Administration of medical cannabis to students.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-1 - Definitions.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-2 - Acceptance of donated drugs and supplies--Conditions--Prohibitions.

34-20H-2. Acceptance of donated drugs and supplies––Conditions--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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-3 - Inspection requirement.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-4 - Participating pharmacy--Requirements.

34-20H-4. Participating pharmacy––Requirements.
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 pharmacy’s 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-5 - Reimbursement.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-6 - Fees authorized.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-7 - Promulgation of rules.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-8 - Criminal prosecution--Civil liability--Exemptions--Immunity.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 20H - Redistribution Of Donated Prescription Drugs And Medical Supplies › Section 34-20H-9 - Electronic database of drugs and supplies.

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 board’s website.
Source: SL 2022, ch 137, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-1 - State policy as to uses of radiation and uranium resources.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-1.1 - Waste disposal--Approval required--Uranium ore and mine tailings excepted.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-3 - Governor's agreement for discontinuance of federal responsibility--Funds available for establishment of protection program.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 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.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-5 - Employment of personnel by agency--Delegation of functions.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-6 - Training programs to qualify personnel--Participation in federal and interstate programs.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-7 - Development of comprehensive policies and programs.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-8 - Investigations and research in radiation problems and monitoring.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-9 - Consultation and cooperation with federal, public and other agencies.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-10 - Acceptance and administration of loans and grants.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-11 - Collection and dissemination of information.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-12 - Adoption and enforcement of rules and regulations.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-13 - Programs for regulation and inspection--Preoperational environmental radiological monitoring plans.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-14 - Incidental powers of agency.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-15 - Rules and regulations for control of radiation.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-16 - Unauthorized use of radioactive materials as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-17 - Opinions on construction plans--Information from federal and private entities.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-18 - Licensing of ionizing radiation sources--Fees.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-19 - Rules and regulations for licensing of nuclear materials and equipment.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-20 - Registration or licensing required for handling of radioactive materials--Misdemeanor--Exemption of materials without hazard.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-21 - Recognition of other state or federal licenses--Previously issued federal license.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-22 - Notice to secretary of extension or alteration of program by registrant or licensee--Failure to notify as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-23 - Unauthorized exposure to diagnostic or therapeutic radiation as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-24 - Records required with respect to ionizing radiation sources and environmental monitoring.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-25 - Individual exposure records for ionizing radiation.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-26 - Records submitted to agency on request.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-27 - Individual exposure records furnished to employees.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-28 - Access of agency personnel to premises for inspection and investigations--Examination and maintenance of records.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-29 - Inspection of radiation sources to evaluate compliance--Upgrading monitoring program.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-30 - Inspections for radiation hazards--Report to operator.

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.