reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-31 - Orders abating discharge of radioactive material.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-32 - Impounding of radiation sources for violations.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-33 - Files maintained by agency.

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

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-35 - Notice of suspected violations--Opportunity for hearing.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-36 - Order finding violation--Forwarding to violator.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-37 - Hearing on suspected violation--Hearing officers.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-38 - Findings and decision.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-39 - Emergency order to protect public health and safety--Immediate effect.

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).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-40 - Hearing on emergency order--Finality of order.

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).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-41 - Appeal from agency order or determination.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-44 - Violation as misdemeanor--Injunction--Each day as separate violation.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-45 - Injunction proceedings brought by attorney general.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-46 - Chapter supplementary to other legislation.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-47 - Notice by federal agency prior to transmitting waste.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-48 - Time for notice.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-49 - Transportation without timely notice prohibited.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-50 - Investigation of waste disposal applicants located within fifty miles of state borders.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-51 - Investigation objectives.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21 - Radiation And Uranium Resources Exposure Control › Section 34-21-52 - Felony convictions or permit violations by applicant may result in legal actions.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21C - Regulation Of Radioactive Waste › Section 34-21C-1 - Definition of terms.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21C - Regulation Of Radioactive Waste › Section 34-21C-2 - Regulation of radioactive materials below regulatory concern.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 21C - Regulation Of Radioactive Waste › Section 34-21C-3 - Applications unaffected.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-1 - Definitions.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-1.1 - State system of quarantine--Inspection and isolation of conveyances of common carriers.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-5 - Exposure of self or others to communicable disease as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-6 - Compelling vaccination as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-9 - State-wide system for prevention, control, and treatment of communicable disease--Promulgation of rules.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-10 - Laboratory and radiological services provided by department.

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).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-11 - Screening and testing for communicable disease.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-11.1 - Approved medically accepted procedures required for performance of specific health services.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-11.2 - Specific health services.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-12 - Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-12.1 - Confidentiality of reports--Exceptions.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-12.2 - Violation of confidentiality as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-12.3 - Effect of good faith reporting.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-12.4 - Compliance with reporting requirements--Liability.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-12.5 - Sharing of immunization records permitted unless signed refusal in medical record--Violation as a misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-13 - Consultation with physicians and institutions.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-14 - Enforcement of regulations for control of communicable diseases.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-17 - Communicable disease control supervised by department--Program applied statewide.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-18 - Refusal to accept diagnosis or treatment or to follow directives as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-18.1 - Action for injunction to enforce department directive or order--Confidential information.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-23 - Inspection of records of hospital or laboratory by secretary.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-25 - Health officer or physician to report information on person with dangerous communicable disease.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-41 - "Public health emergency" defined.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-42 - Secretary may declare public health emergency--Contents of order.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-43 - Department primarily responsible for public health emergency response--Scope of authority--Promulgation of rules.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-44 - Termination of declared emergency--Renewal.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-44.1 - Definition of statewide emergency registry volunteer.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 34-22-44.2 - Statewide emergency registry volunteers--Immunity from civil liability.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 22 - Contagious Disease Control › Section 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.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-1 - Syphilis, gonorrhea, and chancroid--Intentional exposure of another as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-2 - Reports of cases required of physicians and institutions--Information confidential.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-3 - Investigation of sources of infection--Repression of prostitution.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-4 - Infected persons required to submit to treatment--Isolation or quarantine.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-5 - Quarantine or isolation of infected person convicted of moral offense.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-6 - Examination and treatment of prisoners.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-7 - Treatment facilities provided by prison officials--Prisoners required to undergo treatment.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-8 - Service of criminal sentence not interfered with.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-9 - Attending physician to take blood sample from pregnant woman--Submission to office of laboratory services for testing.

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).