reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-14 - Terms of directors and officers--Compensation of ambulance district director.

34-11A-14. Terms of directors and officers--Compensation of ambulance district director.
All directors and officers shall be elected for two years and hold office until their successors have been elected and qualified, except that at the first election the vice-president shall be elected as provided in §34-11A-13 for a one-year term, and one-half, or as close to one-half as possible depending upon the total number of directors, of the directors elected at the first election shall be selected by lot in the presence of a majority of such directors to serve one-year terms. An ambulance district director may receive compensation for his services in an amount not to exceed forty dollars per day and may receive expenses, including traveling expenses, necessarily incurred in the discharge of his duties.
Source:
SL 1982, ch 259, §14; SL 1988, ch 275, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-15 - District constitutes body politic and corporate.

34-11A-15. District constitutes body politic and corporate.
Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10, the district under its designated name shall be and constitute a body politic and corporate.
Source:
SL 1982, ch 259, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-16 - General powers of directors.

34-11A-16. General powers of directors.
The board of directors has the following general powers:
(1)To determine upon a general ambulance service program for the district;
(2)To manage and conduct the business affairs of the district;
(3)To make and execute contracts in the name of and on behalf of the district;
(4)To purchase or lease such ambulance equipment, supplies, and other real or personal property as may be necessary to carry out the ambulance service program of the district;
(5)To incur indebtedness on behalf of the district within the limits prescribed by §34-11A-24, and to authorize the issuance of evidences of the indebtedness permitted under this subdivision, and to pledge any real or personal property owned or acquired by the district as security;
(6)To organize, establish, equip, maintain, and supervise an ambulance service to serve the district;
(7)Generally to perform all acts necessary to fully carry out the purposes of this chapter; and
(8)To levy a tax and a special assessment as provided by this chapter.
Source:
SL 1982, ch 259, §16; SL 2000, ch 166, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-17 - Contracts with other districts or agencies authorized.

34-11A-17. Contracts with other districts or agencies authorized.
Any ambulance district may elect to enter into a contract with another ambulance district to consolidate or cooperate for mutual service, or may enter into a contract with any federal, state, or local government agency for ambulance service upon suitable terms.
Source:
SL 1982, ch 259, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-18 - Annual estimate and certification of expenses--Source of payment.

34-11A-18. Annual estimate and certification of expenses--Source of payment.
The board of directors may make an annual estimate of the probable expense for carrying out the ambulance service program for the district.
The board of directors shall, by resolution, certify the estimate to the proper county auditor in the manner provided by §34-11A-19. The resolution shall state if the estimate shall be paid by a general tax levy against all taxable real property located within the district, by a special assessment against the real property within the district that is specifically benefited by the project, or by both a general tax levy and a special assessment with a portion to be paid by each.
Source:
SL 1982, ch 259, §18; SL 2000, ch 166, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-19 - Estimate certified--Date.

34-11A-19. Estimate certified--Date.
The estimate provided by §34-11A-18 shall be certified by the president and secretary to any affected county auditor on or before June thirtieth of each year.
Source:
SL 1982, ch 259, §19; SL 2000, ch 165, §3; SL 2000, ch 166, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-20 - Tax levy--Limitations--Exemption of district from general county levy for ambulance service.

34-11A-20. Tax levy--Limitations--Exemption of district from general county levy for ambulance service.
No tax in excess of sixty cents per thousand dollars of taxable valuation upon the property within an ambulance district may be levied for such district pursuant to the provisions of this chapter. The amount of money received from the tax levy on all property within the district plus the amount of money received from the imposition of any special assessment within the district may not exceed the amount which would be raised by a general tax levy of sixty cents per thousand dollars upon all property within an ambulance district.
In no case may the amount of tax levy exceed the amount of funds required to defray the expenses of the district for a period of one year as embraced in the annual estimate of expenses including the amount of principal and interest upon the indebtedness of the district for the ensuing year.
However, no district organized pursuant to this chapter is subject to any general county levy for ambulance service.
Source:
SL 1982, ch 259, §§20, 20A, 21; SL 1989, ch 87, §15H; SL 2000, ch 166, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-21 - Tax levy and special assessment--Collection.

34-11A-21. Tax levy and special assessment--Collection.
The tax and the special assessment shall be collected as other taxes and special assessments are collected in the county.
Source:
SL 1982, ch 259, §22; SL 2000, ch 166, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-22 - Tax levy and special assessment--Deposit--Bond of secretary-treasurer.

34-11A-22. Tax levy and special assessment--Deposit--Bond of secretary-treasurer.
The tax and the special assessment shall be deposited with the secretary-treasurer of the ambulance district, who shall have a surety bond in the amount of at least five thousand dollars.
Source:
SL 1982, ch 259, §23; SL 2000, ch 166, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-23 - Tax exempt organizations--Assessment of property--Annual statement of payments.

34-11A-23. Tax exempt organizations--Assessment of property--Annual statement of payments.
Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within an ambulance district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for ambulance service such amount as may be agreed upon, but not less than twenty-five percent of the amount which would be levied against such property under the provisions of this chapter if such property were subject to such levy. For the purposes of this section, such property shall be assessed by the director of equalization of the county in which such property lies, or by his deputies.
The board of directors shall file an annual statement with the Department of Health showing the names of persons or organizations making payments and the amounts of payments made under this section.
Source:
SL 1982, ch 259, §§24, 25; SL 2004, ch 17, §208; SL 2015, ch 277 (Ex. Ord. 15-1), §33, eff. Apr. 20, 2015.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-24 - Limitation on indebtedness--Power to borrow money.

34-11A-24. Limitation on indebtedness--Power to borrow money.
No district may become indebted for an amount that is not payable from ten annual maximum tax levies as authorized by §34-11A-19. With the limits herein authorized, the district shall have power to borrow money at a rate not in excess of twelve percent and to issue appropriate evidence of indebtedness thereof.
Source:
SL 1982, ch 259, §26.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-25 - Deposit of funds--Warrant for disbursement.

34-11A-25. Deposit of funds--Warrant for disbursement.
All funds collected on behalf of the district through the levy of taxes; all donations, contributions, bequests, or annuities; and all borrowed money received by or on behalf of the district shall be deposited in a state or national bank to the credit of the district fund and shall be drawn out only by warrant.
Source:
SL 1982, ch 259, §27.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-26 - Claim vouchers.

34-11A-26. Claim vouchers.
Such claim voucher shall be authorized by the board of directors and shall bear the signature of the treasurer and the countersignature of the president of such district.
Source:
SL 1982, ch 259, §28.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-27 - Examination of financial reports of secretary-treasurer.

34-11A-27. Examination of financial reports of secretary-treasurer.
When the Department of Legislative Audit examines other county records, it shall examine the financial report of the secretary-treasurer of the ambulance district. The secretary-treasurer of the ambulance district shall, on or before January thirty-first of each year, file a financial report of the previous calendar year with the appropriate county auditor.
Source:
SL 1982, ch 259, §29; SL 1988, ch 276.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-28 - Change of district boundaries.

34-11A-28. Change of district boundaries.
The boundaries of any ambulance district organized under the provisions of this chapter may be changed in the manner prescribed for establishment of a district, or the board of directors of an ambulance district may submit a proposed decrease in the size of the district to voters at an annual or special meeting. However, the change of boundaries of a district does not impair or affect the district's organization or right in or to property; nor does the change of boundaries impair, affect, or discharge any contract, obligation, lien, or change for or upon which the district may be liable had the change of boundaries not been made.
Source:
SL 1982, ch 259, §30; SL 2000, ch 32, §5; SL 2000, ch 165, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-29 - Annual and special meetings of voters--Annual election--Notice of election.

34-11A-29. Annual and special meetings of voters--Annual election--Notice of election.
A regular meeting of the registered voters who are residing within the boundaries of a district shall be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. The annual election shall be conducted during the regular meeting consistent with the provisions of chapter 8-3. Notice of the annual election shall be given by the secretary-treasurer by one publication in a legal newspaper of general circulation in each county in which the district is situated. The meeting shall be held not less than seven days nor more than fourteen days after the date of publication of the notice.
Source:
SL 1982, ch 259, §31; SL 2002, ch 144, §4; SL 2007, ch 75, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-30 - Report of secretary-treasurer.

34-11A-30. Report of secretary-treasurer.
The secretary-treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district.
Source:
SL 1982, ch 259, §32.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-31 - Capital outlay fund established--Uses.

34-11A-31. Capital outlay fund established--Uses.
The capital outlay fund of an ambulance district is a fund provided by law to meet expenditures of three hundred dollars or more which result in the acquisition of or additions to real property, plant or equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase of equipment.
Source:
SL 1992, ch 241, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-32 - Tax levy for capital outlay fund.

34-11A-32. Tax levy for capital outlay fund.
In addition to any tax levy authorized pursuant to §34-11A-19 or 34-11A-20, the board of directors of an ambulance district may authorize an annual levy of a tax not to exceed fifty cents per thousand dollars of taxable valuation on the taxable valuation of the district for the capital outlay fund.
Source:
SL 1992, ch 241, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-33 - Public hearing required for certain expenditures of capital outlay fund.

34-11A-33. Public hearing required for certain expenditures of capital outlay fund.
Any district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities, the total of which will require advertising for bids under chapter 5-18, must have a public hearing at least ten days prior to the advertisement of any contract specifications. Such public hearing shall be advertised in the legal newspapers of each county where the district has territory. Following such public hearing, and approval of the board of directors, the district may use the capital outlay fund as provided in §34-11A-32. However, if a district changes the originally advertised use of the fund it shall hold another public hearing.
Source:
SL 1992, ch 241, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 11A - Ambulance Districts › Section 34-11A-34 - Deferred compensation program for volunteer advanced life support personnel.

34-11A-34. Deferred compensation program for volunteer advanced life support personnel.
Any ambulance district with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the ambulance district or by the volunteer advanced life support personnel and may be managed through the ambulance district or through an insurance company or other financial institution. Such program shall be established by ordinance. Each ambulance district shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.
Source:
SL 2011, ch 36, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-2 - License required to operate institution.

34-12-2. License required to operate institution.
No person, partnership, limited liability company, association, or corporation may establish, conduct, or maintain in the State of South Dakota, any health care facility or related institution for the hospitalization or care, or both, of human beings without first obtaining a license from the South Dakota Department of Health in the manner provided in this chapter. The term, corporation, as used in this chapter means public and municipal corporations as well as private corporations.
Source:
SL 1925, ch 220, §2; SDC 1939, §27.1202; SL 1945, ch 108, §1; SL 1953, ch 123, §1; SL 1955, ch 93; SDC Supp 1960, §27.1201; SL 1986, ch 278, §3; SL 1994, ch 351, §56.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-2.1 - Unlicensed institutions ineligible for state or federal funds.

34-12-2.1. Unlicensed institutions ineligible for state or federal funds.
No state or federal funds passing through the state treasury may be paid to a health care facility or related institution which does not have a license issued by the State Department of Health under this chapter.
Source:
SL 1986, ch 278, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-3 - Licensed child welfare agencies exempt from chapter.

34-12-3. Licensed child welfare agencies exempt from chapter.
The provisions of this chapter do not apply to any state institution, children's home, association or institution having the care of children or pregnant women under its control, which is required to be licensed or registered by the Department of Social Services under chapter 26-6.
Source:
SL 1925, ch 220, §1; SDC 1939, §27.1201; SL 1945, ch 108, §2; SL 1953, ch 123, §2; SDC Supp 1960, §27.1202; SL 1985, ch 211, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-4 - Lodging establishments exempt from chapter.

34-12-4. Lodging establishments exempt from chapter.
Nothing in this chapter shall apply to lodging establishments or other similar places that furnish only board and room, or either, to their guests.
Source:
SL 1945, ch 108, §2; SL 1953, ch 123, §2; SDC Supp 1960, §27.1202.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-5 - Application for license--Contents--Issuance of license--Denial--Contesting the denial.

34-12-5. Application for license--Contents--Issuance of license--Denial--Contesting the denial.
Any applicant desiring a license or a license renewal shall file with the State Department of Health an application verified under oath and in a form prescribed by the department. The application shall contain the following:
(1)The name and address of the applicant and operator;
(2)If a firm or corporation, the names and addresses of the principal officers; or if a corporate body, the name of the state under whose laws the corporation is organized;
(3)A description of the facility to include the address and whether the facility is owned, leased, or subleased. A true copy of the lease or sublease shall be attached to the application;
(4)A certification of consent to allow inspections of the health care facility by authorized department inspectors upon presentation of identification during the hours of operation;
(5)Satisfactory evidence of the applicant's ability to comply with the minimum standards of this chapter; and
(6)Any other information which the secretary of the Department of Health considers necessary.
The department shall issue a license to the applicant when it is satisfied that the facts set forth in the application are true and complete and in accordance with the provisions in this chapter and the rules promulgated thereunder. The department may refuse to issue a license upon any of the grounds stated in §34-12-19. Upon denial, the department shall advise the applicant of the reasons for denial. The applicant may contest the denial pursuant to chapter 1-26.
Source:
SL 1945, ch 108, §3; SL 1953, ch 123, §3; SDC Supp 1960, §27.1203; SL 1972, ch 15, §4; SL 1986, ch 278, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-6 - Amount of license fee--Disposition.

34-12-6. Amount of license fee--Disposition.
Any application for a license to operate a health care facility must be accompanied by a fee. The annual license fee established for each licensure category of health care facilities is:
(1)For a nursing facility of:
(a)Fifty beds or less, six hundred dollars;
(b)Fifty-one to one hundred beds, inclusive, nine hundred dollars;
(c)One hundred one to one hundred fifty beds, inclusive, one thousand two hundred dollars; and
(d)One hundred fifty-one or more beds, one thousand five hundred dollars;
(2)For an assisted living center of:
(a)Sixteen beds or less, one hundred fifty dollars;
(b)Seventeen to fifty beds, inclusive, three hundred dollars;
(c)Fifty-one to one hundred beds, inclusive, four hundred fifty dollars; and
(d)One hundred one or more beds, six hundred dollars;
(3)For a hospital of:
(a)Twenty-five beds or less, one thousand dollars;
(b)Twenty-six to fifty beds, inclusive, one thousand five hundred dollars;
(c)Fifty-one to one hundred beds, inclusive, two thousand dollars;
(d)One hundred one to one hundred fifty beds, inclusive, three thousand dollars;
(e)One hundred fifty-one to two hundred beds, inclusive, four thousand dollars; and
(f)Two hundred one or more beds, five thousand dollars;
(4)For an ambulatory surgery center, five hundred dollars;
(5)For a chemical dependency treatment facility of:
(a)Sixteen beds or less, one hundred fifty dollars;
(b)Seventeen to fifty beds, inclusive, three hundred dollars; and
(c)Fifty-one or more beds, four hundred fifty dollars;
(6)For an inpatient and residential hospice, two hundred dollars;
(7)For a freestanding emergency medical care facility, five hundred dollars;
(8)For a community living home, one hundred fifty dollars; and
(9)For a rural emergency hospital, five hundred dollars.
No fee may be refunded. All fees received by the Department of Health under the provisions of this chapter must be paid into the general fund.
Source: SL 1945, ch 108, §4; SL 1947, ch 128; SL 1953, ch 123, §4; SDC Supp 1960, §27.1204; SL 1986, ch 278, §5; SL 1987, ch 252; SL 2009, ch 164, §1; SL 2017, ch 149, §2; SL 2017, ch 150, §2; SL 2022, ch 103, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-7 - Department of Health authorized to issue licenses--Promulgation of rules.

34-12-7. Department of Health authorized to issue licenses--Promulgation of rules.
The State Department of Health may issue licenses to operate a health care facility or related institutions as defined in §34-12-1.1 which, after application and inspection, are found to comply with the provisions of this chapter, and the rules adopted by the State Department of Health. Provision may be made for annual or biennial licenses, prorated license fees, and multiple licenses for health care facilities providing different levels of care and services to patients. To implement this section, the State Department of Health may promulgate rules pursuant to chapter 1-26.
Source:
SL 1925, ch 220, §3; SDC 1939, §27.1203; SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207; SL 1969, ch 107; SL 1978, ch 248; SL 1986, ch 278, §6; SL 1992, ch 244; SL 2009, ch 164, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-8 - Provisional licenses--Circumstances under which issued.

34-12-8. Provisional licenses--Circumstances under which issued.
The State Department of Health may issue a provisional license when an applicant or licensee under this chapter fails to comply with the established standards but signifies an intention to remedy such fault. Such provisional license shall state on its face the conditions under which it is granted and the period of time for which it is issued. A provisional license may also be issued, when an application for license is found to be in order, to cover the maintenance of such institution until inspection can be completed and a regular license issued.
Source:
SL 1953, ch 123, §7; SDC Supp 1960, §27.1207.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-8.1 - Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation.

34-12-8.1. Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation.
The State Department of Health may issue a probationary license if a licensee under this chapter fails to comply with the provisions of this chapter and if a hearing is pending on licensure suspension or revocation as provided in §34-12-19. Upon issuance of a probationary license and prior to a suspension or revocation proceeding, the licensee may request an inspection by the department. If the department inspects the facility and if the facility meets the provisions of this chapter, the department shall issue a regular license under §34-12-7. A nursing facility or assisted living center which has been issued a probationary license is prohibited from accepting new admissions during the period of probationary licensure.
Source:
SL 1986, ch 278, §13; SL 1991, ch 272, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-9 - License not transferable.

34-12-9. License not transferable.
No license granted under this chapter shall be assignable or transferable.
Source:
SL 1945, ch 108, §4; SL 1947, ch 128; SL 1953, ch 123, §4; SDC Supp 1960, §27.1204.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-11.1 - Disclosure of public reimbursement rates required of nursing homes and related institutions.

34-12-11.1. Disclosure of public reimbursement rates required of nursing homes and related institutions.
All nursing homes, homes for the aged, and related institutions shall disclose all reimbursement rates established by the Department of Social Services under the medical assistance program upon request of any person.
Source:
SDCL, §34-12-7 as added by SL 1978, ch 248; SL 1980, ch 238, §21.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-11.2 - Visitation of patients and residents--Required post.

34-12-11.2. Visitation of patients and residents--Required post.
The Department of Health shall post on its website all state laws and rules, and all federal laws, regulations, and guidance documents, which address the visitation of patients in hospitals and residents in nursing facilities and assisted living centers.
Source: SL 2022, ch 104, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-12 - Lodging and food service laws not applicable to licensees.

34-12-12. Lodging and food service laws not applicable to licensees.
No licensee under the provisions of this chapter shall be required to be licensed or inspected under the laws of this state relative to lodging or food service establishments.
Source:
SL 1945, ch 108, §5; SL 1953, ch 123, §5; SDC Supp 1960, §27.1205.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-13 - Rules to protect patients' health and safety.

34-12-13. Rules to protect patients' health and safety.
The State Department of Health may promulgate rules, pursuant to chapter 1-26, which are necessary to protect the health and safety of patients cared for in licensed health care facilities. The regulations may be in regard to the following areas:
(1)Sanitary and safe conditions of the premises;
(2)Cleanliness of operation;
(3)Fire safety and construction;
(4)Physical equipment found necessary and in the public interest;
(5)Management and administration;
(6)Physician's services;
(7)Nursing and related care;
(8)Dietetic services;
(9)Medication control;
(10)Records;
(11)Diagnostic services;
(12)Hospital complementary services;
(13)Long-term care diversionary services;
(14)Patient safety and health;
(15)Residents' rights in nursing homes and assisted living centers.
Source:
SL 1945, ch 108, §6; SL 1953, ch 123, §6; SDC Supp 1960, §27.1206; SL 1980, ch 238, §22; SL 1986, ch 278, §8; SL 1991, ch 270, §1; SL 1991, ch 272, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-14 - Application of regulations and standards to Christian Science institution.

34-12-14. Application of regulations and standards to Christian Science institution.
No regulations may be made, or standards established, under this chapter for any health care facility or related institution conducted in accordance with the practices and principles of the body known as the Church of Christ, Scientist except as to the sanitary and safe condition of the premises, cleanliness of operation, and its physical equipment.
Source:
SL 1945, ch 108, §6; SL 1953, ch 123, §6; SDC Supp 1960, §27.1206; SL 1986, ch 278, §9; SL 2013, ch 154, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15. Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.
All superintendents, or managers, or other persons in charge of hospitals, lying-in, or other institutions, public or private, to which persons resort for treatment of disease, confinement, or are committed by process of law, shall make and keep a record of all the personal and statistical particulars relative to the inmates, such record to be made at the time of their admittance and in such form of certificate as directed by the secretary of health. In case of persons admitted or committed for treatment of disease, the physician in charge shall specify for entry in such record the nature of the disease and where in the physician's opinion it was contracted. The personal particulars and information required by this section shall be obtained from the individual, if it is practicable to do so, and if not practicable, shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. Such record shall be open at all times to the inspection of the secretary of health or an accredited agent of the secretary.
A health care facility shall provide copies of all medical records, reports, and X rays pertinent to the health of the patient, if available, to a discharged patient or the patient's designee upon receipt by the health care facility of a written request or a legible copy of a written request signed by the patient. The health care facility may require before delivery that the patient pay the actual reproduction and mailing expense.
If a personal representative of a deceased patient has not been appointed, the following surviving family members, in the priority stated, have the right to copies of the patient's medical record to the same extent as the patient would have the right to copies of the medical record while alive:
(1)The spouse, if not legally separated at the time of the patient's death;
(2)An adult child;
(3)A parent;
(4)An adult sibling;
(5)A grandparent or an adult grandchild;
(6)An adult aunt or uncle, or an adult niece or nephew.
A health care facility, complying in good faith with the provisions of this section, may not be held liable for any injury or damage proximately resulting from compliance with this section. This section does not apply to chemical dependency treatment facilities.
Source:
SDC 1939, §27.0205; SL 1979, ch 236, §1; SL 1981, ch 258, §§1, 2; SL 1989, ch 288; SL 1999, ch 171, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.1 - Handling of residents' funds by nursing homes--Definition of terms.

34-12-15.1. Handling of residents' funds by nursing homes--Definition of terms.
Terms used in §§34-12-15.1 to 34-12-15.10, inclusive, unless the context otherwise requires mean:
(1)"Nursing homes," public or private facilities licensed pursuant to this chapter 34-12, as a skilled nursing facility, an intermediate care facility, or an assisted living center;
(2)"Residents," persons committed or cared for in any home, center, or other facility which is subject to the provisions of §§34-12-15.1 to 34-12-15.10, inclusive.
Source:
SL 1977, ch 279, §1; SL 1991, ch 272, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.2 - Residents' funds kept separate--Free from facility's liabilities.

34-12-15.2. Residents' funds kept separate--Free from facility's liabilities.
Upon written authorization of the resident, every nursing facility shall hold, safeguard, and account for the moneys and funds of residents of such home and shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs.
Source:
SL 1977, ch 279, §2; SL 1991, ch 271, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.3 - Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.

34-12-15.3. Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.
Residents' moneys in excess of fifty dollars shall be deposited in a local financial institution authorized to do business in South Dakota in an interest bearing demand trust account that is separate from any of the facility's operating accounts and credits all interest earned on such account to such account. However, a public agency which is subject to §§34-12-15.1 to 34-12-15.10, inclusive, shall deposit such funds with the state treasurer in the appropriate trust and agency account for the facility.
Source:
SL 1977, ch 279, §5; SL 1991, ch 271, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.5 - Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.

34-12-15.5. Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.
Each private nursing facility covered by §§34-12-15.1 to 34-12-15.10, inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensing the facility, a surety bond in the following amounts:
(1)If the amount to be handled is seven hundred fifty dollars per month or less the bond required shall be one thousand dollars;
(2)If the amount to be handled is seven hundred fifty-one dollars to one thousand five hundred dollars the bond required shall be two thousand dollars; and
(3)If the amount to be handled is one thousand five hundred one dollars to two thousand five hundred dollars the bond required shall be three thousand dollars.
Every further increment of one thousand dollars or fraction thereof shall require an additional one thousand dollars on the bond.
Source:
SL 1977, ch 279, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.6 - Records required on residents' funds--Form--Receipts kept.

34-12-15.6. Records required on residents' funds--Form--Receipts kept.
Every nursing facility or other facility covered by the provisions of §§34-12-15.1 to 34-12-15.10, inclusive, shall, in addition to the requirements of §34-12-15.2, maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their care. These safeguards and records shall include:
(1)Records of residents' moneys which are maintained in an interest bearing demand trust account shall include a control account for all the receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account shall be kept current with columns for debits, credits, and balance; and
(2)Records of residents' moneys and funds entrusted to the home or facility for safekeeping shall include a copy of the receipt furnished to the resident or to the person or agency responsible for the resident.
Source:
SL 1977, ch 279, §3; SL 1991, ch 271, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.7 - Records of residents' funds available for audit.

34-12-15.7. Records of residents' funds available for audit.
Records which are maintained pursuant to §§34-12-15.1 to 34-12-15.10, inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home or other facility, which is required to keep and maintain the same.
Source:
SL 1977, ch 279, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.8 - Noncompliance as ground for revocation of administrator's license.

34-12-15.8. Noncompliance as ground for revocation of administrator's license.
Failure of any licensed nursing facility to keep complete records or to comply with any other provision of §§34-12-15.1 to 34-12-15.10, inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes or facilities, under chapter 36-28.
Source:
SL 1977, ch 279, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.9 - Surrender of funds on discharge of resident--Time allowed.

34-12-15.9. Surrender of funds on discharge of resident--Time allowed.
Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home or other facility covered by §§34-12-15.1 to 34-12-15.10, inclusive, shall be surrendered to the resident or a legally empowered representative in exchange for a signed receipt. Moneys and valuables kept within the facility shall be surrendered upon demand, and those kept in an interest bearing demand trust account shall be made available within ten business days.
Source:
SL 1977, ch 279, §6; SL 1991, ch 271, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-15.10 - Escheat of unclaimed funds of deceased resident--Notice and transfer to state.

34-12-15.10. Escheat of unclaimed funds of deceased resident--Notice and transfer to state.
If, upon the death of a resident and after notification to any known guardian, conservator, or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the state notwithstanding chapter 21-36. The home or other facility shall notify the office of surplus property of such unclaimed property. However, all money, stocks, bonds, contracts, and claims on banks which can readily be converted to money shall be sent to the state treasurer for deposit in the general fund.
Source:
SL 1977, ch 279, §10; SL 1993, ch 213, §222.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-16 - Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.

34-12-16. Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.
Any building, institution, or establishment for which a license is issued under this chapter shall be inspected by the Department of Health under rules established by the department pursuant to §34-12-13. The provisions of this section do not apply to a licensed hospital or licensed chemical dependency treatment facility surveyed and accredited under the standards of the accreditation program of the joint commission on accreditation of health care organizations that submits to the department, within a reasonable time, copies of its currently valid accreditation certificate and accreditation letter, together with accompanying recommendations and comments and any further recommendations, progress reports, and correspondence directly related to the accreditation. However, the department may inspect all licensed hospitals or licensed chemical dependency treatment facilities to determine compliance with rules promulgated pursuant to subdivisions 34-12-13(1), (2), and (3).
The department retains the right of access to all hospital or licensed chemical dependency treatment facility premises and to relevant records to investigate complaints or to follow through on corrective measures related to deficiencies identified by the joint commission survey process which are in conflict with state law or rule. If, prior to an inspection, the operator refuses to allow the inspection, no inspection may be made. If, during the course of the inspection, the operator refuses to allow the inspection to continue, the inspection shall cease. In such cases, the department may immediately initiate revocation proceedings pursuant to chapter 1-26 against the operator's license.
Source:
SL 1945, ch 108, §5; SL 1953, ch 123, §5; SDC Supp 1960, §27.1205; SL 1980, ch 238, §23; SL 1982, ch 260; SL 1986, ch 278, §10; SL 1989, ch 289; SL 2016, ch 171, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-17 - Information received by department confidential--Disclosure.

34-12-17. Information received by department confidential--Disclosure.
Information received by the State Department of Health under the authority of this chapter shall be confidential, except for official purposes, and shall not be disclosed except in accordance with a proper judicial order, or as otherwise provided by law.
Source:
SL 1945, ch 108, §8; SL 1953, ch 123, §8; SDC Supp 1960, §27.1208.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-18 - Unlicensed operation as misdemeanor.

34-12-18. Unlicensed operation as misdemeanor.
Any person establishing, conducting, managing, or operating any health care facility or related institution without a license is guilty of a Class 1 misdemeanor.
Source:
SL 1925, ch 220, §7; SDC 1939, §27.9927; SL 1945, ch 108, §9; SL 1953, ch 123, §9; SDC Supp 1960, §27.9946; SL 1977, ch 190, §14; SL 1986, ch 278, §11; SL 1989, ch 290.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-19 - Grounds for suspension or revocation of license.

34-12-19. Grounds for suspension or revocation of license.
The State Department of Health may suspend or revoke a license issued under this chapter on any of the following grounds:
(1)Violation of any of the provisions of this chapter or the rules issued pursuant thereto;
(2)Permitting, aiding, or abetting the commission of any unlawful act in such institution;
(3)Conduct of practices detrimental to the welfare of the patient; and
(4)Failure to allow department inspections, including inspections authorized under §34-12-16, complaint inspections and necessary follow-up inspections.
Source:
SL 1925, ch 220, §5; SDC 1939, §27.1205; SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207; SL 1986, ch 278, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-20 - Procedure for suspension or revocation of license.

34-12-20. Procedure for suspension or revocation of license.
No license shall be suspended or revoked except in compliance with chapter 1-26.
Source:
SL 1925, ch 220, §5; SDC 1939, §27.1205; SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207; SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-21 - New license issued after suspension or revocation.

34-12-21. New license issued after suspension or revocation.
If a license is suspended or revoked as provided in §34-12-19, a new application for license may be considered by the said Department of Health if, when, and after the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has been satisfactorily submitted to said department. A new license may then be granted after proper inspection has been made and all provisions of this chapter and the rules and regulations adopted hereunder have been complied with.
Source:
SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-22 - Appeal from department.

34-12-22. Appeal from department.
Any person aggrieved by any decision or ruling of the said Department of Health may appeal under the provisions of chapter 1-26.
Source:
SL 1925, ch 220, §5; SDC 1939, §27.1205; SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207; SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-29 - Promulgation of rules regarding nurse aide registration.

34-12-29. Promulgation of rules regarding nurse aide registration.
The Department of Health and the Board of Nursing may promulgate rules pursuant to chapter 1-26 to provide for the following regarding nurse aide registration:
(1)Education, training, and examination requirements;
(2)Qualifications of nurse aide instructors;
(3)Revocation, denial, or suspension of nurse aide registry status; and
(4)Hearing process.
Source:
SL 1990, ch 268; SL 1995, ch 192.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-30 - Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.

34-12-30. Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.
Every nursing facility shall provide written notice to each resident receiving medical assistance under chapter 28-6 if the amount in the resident's interest bearing demand trust account reaches two hundred dollars less than resource limit in the medical assistance program under chapter 28-6. The written notice shall notify the resident that if the amount in the account (in addition to the value of the resident's other nonexempt resources) reaches the resource limit in the medical assistance program under chapter 28-6, the resident may lose eligibility for medical assistance benefits under chapter 28-6 or benefits under the federal supplemental security income program.
Source:
SL 1991, ch 271, §6.