reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-12 - Civil penalties for false certification by manufacturer.

34-49-12. Civil penalties for false certification by manufacturer.
In addition to any penalty prescribed by law, any manufacturer that knowingly makes a false certification pursuant to §34-49-8 is subject to a civil penalty by the state fire marshal of at least seventy-five thousand dollars and not to exceed two hundred and fifty thousand dollars for each false certification.
Source:
SL 2009, ch 172, §12, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-13 - Other civil penalties.

34-49-13. Other civil penalties.
Any person violating any other provision in this chapter is subject to a civil penalty for a first offense not to exceed one thousand dollars, and for a subsequent offense subject to a civil penalty by the state fire marshal not to exceed five thousand dollars for each subsequent violation.
Source:
SL 2009, ch 172, §13, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-14 - Seizure of cigarettes lacking certification or marking--Notice prior to destruction.

34-49-14. Seizure of cigarettes lacking certification or marking--Notice prior to destruction.
If any law enforcement officer or the state fire marshal, the attorney general, or the secretary discovers any cigarettes for which no certification and fee has been filed as required by §34-49-8 or that have not been marked as required by §34-49-9, such person is hereby authorized and empowered to seize and take possession of the cigarettes. Any cigarettes seized pursuant to this section shall be destroyed. However, prior to the destruction of any cigarette pursuant to this section, the true holder of the trademark rights in the cigarette brand shall be given notice and a reasonable opportunity to inspect the cigarettes within sixty days of the notification. Nothing in this section shall be construed to require the secretary, the attorney general, or the state fire marshal to confiscate cigarettes in violation of §§34-49-2 to 34-49-7, inclusive, when there is reason to believe that the owner thereof did not willfully or intentionally sell or offer to sell cigarettes in violation of §§34-49-2 to 34-49-7, inclusive.
Source:
SL 2009, ch 172, §14, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-15 - Injunctive relief, costs and damages--Separate civil violations.

34-49-15. Injunctive relief, costs and damages--Separate civil violations.
In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action for a violation of this chapter, including:
(1)Petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, distributor, wholesaler, retailer, or any other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this chapter;
(2)Recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees.
Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.
Source:
SL 2009, ch 172, §15, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-16 - Disclosure of information among secretary, attorney general, and state fire marshal.

34-49-16. Disclosure of information among secretary, attorney general, and state fire marshal.
For purposes of determining compliance with, and enforcing the provisions of, this chapter, the secretary, the attorney general, and the state fire marshal may disclose to each other any information received under this chapter.
Source:
SL 2009, ch 172, §16, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-17 - Examination of books and records.

34-49-17. Examination of books and records.
To enforce the provisions of this chapter, the attorney general, the secretary, the state fire marshal, and other law enforcement officer are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Each person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale, is hereby directed and required to give the attorney general, the secretary, the state fire marshal, and other law enforcement officer the means, facilities, and opportunity for the examinations authorized by this section.
Source:
SL 2009, ch 172, §17, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-18 - Cigarette fire safety standard act fund created.

34-49-18. Cigarette fire safety standard act fund created.
There is hereby established in the state treasury a special fund to be known as the cigarette fire safety standard act fund. The fund shall consist of all certification fees paid under this chapter and all moneys recovered as penalties under this chapter. The moneys shall be deposited to the credit of the fund and shall, in addition to any other moneys made available for such purpose, be made available to the Department of Public Safety, Department of Revenue, and the Office of Attorney General for administering the provisions of this chapter and for fire prevention activities and education.
Source:
SL 2009, ch 172, §18, eff. Jan. 1, 2011; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2012, ch 189, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-19 - Out-of-state sales permitted.

34-49-19. Out-of-state sales permitted.
Nothing in this chapter prohibits any person or entity from manufacturing or selling cigarettes that do not meet the requirements of §§34-49-2 to 34-49-7, inclusive, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to any person located in this state.
Source:
SL 2009, ch 172, §19, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-20 - Certain sales of existing inventory on or after January 1, 2011 permitted.

34-49-20. Certain sales of existing inventory on or after January 1, 2011 permitted.
Nothing in this chapter prohibits any distributor, wholesaler, or dealer from selling its existing inventory of cigarettes on or after January 1, 2011, if the distributor, wholesaler, or dealer establishes that the state tax stamps were affixed to the cigarettes before January 1, 2011. In addition, the inventory of cigarettes must have been purchased in a comparable quantity to the inventory that was purchased during the same period for the preceding year.
Source:
SL 2009, ch 172, §20, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-21 - Preemption of local laws, ordinances, and regulations.

34-49-21. Preemption of local laws, ordinances, and regulations.
This chapter preempts any local law, ordinance, or regulation that conflicts with any provision of this chapter or any policy of the state implemented in accordance with this chapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation conflicting with or preempted by this chapter.
Source:
SL 2009, ch 172, §21, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-22 - Repeal upon express federal preemption.

34-49-22. Repeal upon express federal preemption.
The provisions of this chapter are repealed if a federal reduced cigarette ignition propensity standard that expressly preempts this chapter is adopted and becomes effective.
Source:
SL 2009, ch 172, §22, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 49 - Cigarette Fire Safety Standards › Section 34-49-23 - Construction of chapter with law of other states.

34-49-23. Construction of chapter with law of other states.
It is the intent of the Legislature that this chapter be construed consistent with comparable reduced ignition propensity laws enacted by other states.
Source:
SL 2009, ch 172, §23, eff. Jan. 1, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 50 - Stress Management Services For Emergency Service Providers › Section 34-50-1 - Definitions.

34-50-1. Definitions.
Terms used in this chapter mean:
(1)"Critical incident stress," the acute or cumulative psychological stress or trauma that an emergency service provider may experience by providing services during a critical incident, crisis, disaster, or emergency. Critical incident stress is a strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning, such as:
(a)Physical, mental, or emotional illness;
(b)Failure of usual coping mechanisms;
(c)Loss of interest in the job or in usual social relationships;
(d)Personality changes; or
(e)Loss of ability to function;
(2)"Critical incident stress management," any consultation, incident briefing and debriefing, on-site crisis intervention, counseling, risk assessment, case management services, harm prevention, and referral, provided to an emergency service provider affected by critical incident stress by:
(a)Any person designated by this state or a political subdivision of this state; or
(b)A health care facility licensed in accordance with chapter 34-12;
(3)"Critical incident stress management team," any person who is:
(a)Designated by this state, a political subdivision of this state, or a health care facility licensed in accordance with chapter 34-12, to provide professional critical incident stress management to an emergency service provider affected by critical incident stress; and
(b)Certified by the International Critical Incident Stress Foundation as a critical incident stress management provider;
(4)"Peer support team member," any person, who is:
(a)A peer of the emergency service provider, designated by this state, a political subdivision of this state, or a health care facility licensed in accordance with chapter 34-12, to provide critical incident stress management services to the provider; and
(b)Certified by the International Critical Incident Stress Foundation as a critical incident stress management provider; and
(5)"Emergency service provider," any person who provides response services during a critical incident, by or on behalf of this state, a political subdivision of this state, or a health care facility that is licensed in accordance with chapter 34-12 and provides emergency medical services.
Source: SL 2015, ch 187, §1; SL 2023, ch 130, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 50 - Stress Management Services For Emergency Service Providers › Section 34-50-2 - Confidentiality of interview, meeting, conference, or on-site intervention.

34-50-2. Confidentiality of interview, meeting, conference, or on-site intervention.
Except as provided for in §34-50-3 and notwithstanding any other law, an interview, meeting, conference, or on-site intervention in which critical incident stress management services are provided shall be:
(1)Closed to the general public; and
(2)Closed to any person who was not directly involved in the critical incident or the critical incident stress management.
Source:
SL 2015, ch 187, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 50 - Stress Management Services For Emergency Service Providers › Section 34-50-3 - Exceptions to confidentiality of interview, meeting, conference, or on-site intervention.

34-50-3. Exceptions to confidentiality of interview, meeting, conference, or on-site intervention.
The confidentiality provided for in §34-50-2 does not apply if:
(1)The critical incident stress management services are conducted on-site, in public, because of exigent circumstances inherent in the critical incident itself;
(2)The emergency service provider, or the legal representative of the provider, expressly agrees that the interview, meeting, conference, or on-site intervention may be open to the general public or to certain specified persons.
Source:
SL 2015, ch 187, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 50 - Stress Management Services For Emergency Service Providers › Section 34-50-4 - Confidentiality of communication to or record of critical incident stress management team or peer support team.

34-50-4. Confidentiality of communication to or record of critical incident stress management team or peer support team.
Except as otherwise provided for in §34-50-5, a communication made by an emergency service provider to a critical incident stress management team or to a peer support team member while the provider receives critical incident stress management services is confidential and may not be disclosed in a civil or administrative proceeding.
Any record kept by a critical incident stress management team or a peer support team member, relating any critical incident stress management services to an emergency service provider, is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil or administrative proceeding.
Source:
SL 2015, ch 187, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 50 - Stress Management Services For Emergency Service Providers › Section 34-50-5 - Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team.

34-50-5. Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team.
A communication or record described by §34-50-4 is not confidential if:
(1)It conveys information to an appropriate professional for further consultation, advice, or referral service that the critical incident stress management team reasonably deems necessary for the continuing care of the emergency service provider;
(2)It conveys information that the emergency service provider is or reasonably appears to be an imminent threat to the provider or others;
(3)It conveys information relating to a past, present, or future criminal act;
(4)The emergency service provider, or the legal representative of the provider, expressly agrees that the communication or record is not confidential; or
(5)The emergency service provider is deceased.
A communication or record described by §34-50-4 is not confidential to the extent that it only conveys information concerning the services and care provided to or withheld by the emergency service provider to an individual injured or killed in the critical incident.
Source:
SL 2015, ch 187, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 50 - Stress Management Services For Emergency Service Providers › Section 34-50-6 - Immunity from liability.

34-50-6. Immunity from liability.
A critical incident stress management team or a peer support team member providing critical incident stress management services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the team or member's act, error, or omission in the performance of the services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.
Source:
SL 2015, ch 187, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-1 - Definitions.

34-51-1. Definitions.
Terms used in this chapter mean:
(1)"Advanced illness," any progressive disease, medical, or surgical condition that entails significant functional impairment, that is not considered by a treating physician to be reversible even with administration of current federally approved and available treatments, and that without life sustaining procedures, would result in death;
(2)"Investigational drug, biological product, or device," any drug, biological product, or device that has successfully completed phase 1 of a clinical trial but has not yet been approved for general use by the United States Food and Drug Administration and remains under investigation in a United States Food and Drug Administration approved clinical trial;
(3)"Physician," any person who is licensed pursuant to the provisions of chapter 36-4.
Source:
SL 2015, ch 188, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-2 - Eligible patient defined.

34-51-2. Eligible patient defined.
For the purposes of this chapter, the term, eligible patient, means a patient who meets all the following qualifications:
(1)Has an advanced illness, attested by the patient's treating physician;
(2)Has considered all other treatment options currently approved by the United States Food and Drug Administration;
(3)Has received a recommendation from the patient's treating physician for an investigational drug, biological product, or device;
(4)Has given written, informed consent for the use of the investigational drug, biological product, or device; and
(5)Has documentation from the patient's treating physician that the patient meets requirements pursuant to this chapter.
Source:
SL 2015, ch 188, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-3 - Written, informed consent.

34-51-3. Written, informed consent.
For purposes of this chapter, the term, written, informed consent, consists of a signed writing executed by the patient, parent, or legal guardian, if the patient is a minor, or substitute informed consent from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C, if the patient is incapacitated as defined in §34-12C-1, and attested to by the treating physician, that:
(1)Explains the currently approved products and treatments for the disease or condition from which the patient suffers;
(2)Attests to the fact that the patient concurs with his or her treating physician that no current United States Food and Drug Administration approved treatment would likely prolong the patient's life;
(3)Clearly identifies the specific proposed investigational drug, biological product, or device that the patient is seeking to use;
(4)Describes the potential outcomes of using investigational drug, biological product, or device. The description shall include any possibility of worsening symptoms and death hastened by the treatment;
(5)Contains a statement that the patient's health insurance carrier is not obligated to pay for any care or treatments consequent to the use of the investigational drug, biological product, or device;
(6)Makes clear that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the investigational drug, biological product, or device and that care may be reinstated if this treatment ends and patient meets hospice eligibility requirements; and
(7)Makes clear that the patient understands that he or she is liable for all expense consequent to the use of the investigational drug, biological product, or device.
Source:
SL 2015, ch 188, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-4 - Treatment with investigational drug, biological product, or device.

34-51-4. Treatment with investigational drug, biological product, or device.
A manufacturer of an investigational drug, biological product, or device may make the treatment available, and an eligible patient may request the manufacturer's investigational drug, biological product, or device for treatment pursuant to this chapter. This chapter does not require that a manufacturer make available an investigational drug, biological product, or devices to an eligible patient.
Source:
SL 2015, ch 188, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-6 - Reimbursement of manufacturer from decedent's estate prohibited.

34-51-6. Reimbursement of manufacturer from decedent's estate prohibited.
If a patient dies while being treated by an investigational drug, biological product, or device, the manufacturer may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the patient's or caretaker's estate.
Source:
SL 2015, ch 188, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-7 - Health care provider not liable for recommendation.

34-51-7. Health care provider not liable for recommendation.
No licensing board may revoke, fail to renew, suspend, or take any action against a health care provider's license pursuant to the provisions of chapter 36-4, based solely on the health care provider's recommendations to an eligible patient regarding access to or treatment with an investigational drug, biological product, or device. No entity responsible for Medicare certification may take action against a health care provider's Medicare certification based solely on the health care provider's recommendation regarding an investigational drug, biological product, or device.
Source:
SL 2015, ch 188, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-8 - Treating physician immune.

34-51-8. Treating physician immune.
A treating physician who is in compliance with the requirements of this chapter may not be subject to arrest or prosecution, penalty, or denial of any right or privilege granted otherwise.
Source:
SL 2015, ch 188, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-9 - State employees prohibited from blocking eligible patient's access to investigational drug, biological product, or device.

34-51-9. State employees prohibited from blocking eligible patient's access to investigational drug, biological product, or device.
No official, employee, or agent of this state may block or attempt to block an eligible patient's access to an investigational drug, biological product, or device. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section.
Source:
SL 2015, ch 188, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 51 - Investigational Treatments › Section 34-51-10 - Private cause of action not authorized.

34-51-10. Private cause of action not authorized.
This chapter does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device, or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from treatment if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and exercised reasonable care.
Source:
SL 2015, ch 188, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 52 - Telehealth Utilization By Health Care Professionals › Section 34-52-1 - Definitions.

34-52-1. Definitions.
Terms used in this chapter mean:
(1)"Health care professional," as defined in §58-17F-1;
(2)"Health care facility," any office or institution where health services are provided, including any hospital, clinic, ambulatory surgery center, outpatient care facility, nursing home, assisted living facility, laboratory, or office of a health care professional;
(3)"Originating site," a site where a patient is located at the time health care services are delivered to the patient via telehealth;
(4)"Store-and-forward technology," secure electronic information, imaging, or data, including audio, video, and data communication that is transferred or recorded or otherwise stored for asynchronous delivery of health care services to a patient; and
(5)"Telehealth," the use of secure electronic information, imaging, and communication technologies by a health care professional to deliver health care services to a patient, including interactive audio-video, interactive audio with store and forward, store-and-forward technology, and remote patient monitoring. Telehealth does not include the delivery of health care services through electronic means under the provisions of chapter 27A-10.
Source:
SL 2019, ch 156, §1; SL 2020, ch 151, § 1; SL 2021, ch 158, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 52 - Telehealth Utilization By Health Care Professionals › Section 34-52-2 - Treatment of patients through telehealth--Requirements.

34-52-2. Treatment of patients through telehealth--Requirements.
Any health care professional treating a patient in the state through telehealth shall be:
(1)Fully licensed to practice in the state or employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare agency under §36-32-76; and
(2)Subject to any rule adopted by the applicable South Dakota licensing body.
Consultation between a resident health care professional and a nonresident health care professional under this chapter is governed by §36-2-9.
Source:
SL 2019, ch 156, §2; SL 2020, ch 165, § 49.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 52 - Telehealth Utilization By Health Care Professionals › Section 34-52-3 - Provider-patient relationship required--Exceptions.

34-52-3. Provider-patient relationship required--Exceptions.
Any health care professional who utilizes telehealth shall ensure that a proper health provider-patient relationship is established and includes:
(1)Verifying and authenticating the location and, to the extent reasonable, identifying the requesting patient;
(2)Disclosing and validating the health care professional's identity and applicable credentials, as appropriate;
(3)Obtaining appropriate consent for treatment from a requesting patient after disclosure regarding the delivery models and treatment methods or limitations;
(4)Establishing a diagnosis through the use of acceptable medical practices, including patient history, mental status examination, physical examination, and appropriate diagnostic and laboratory testing;
(5)Discussing with the patient the diagnosis and its evidentiary basis and the risks and benefits of various treatment options;
(6)Ensuring appropriate follow-up care for the patient;
(7)Providing a visit summary to the patient or consult note; and
(8)Utilizing technology sufficient to evaluate or diagnose and appropriately treat a patient for the condition as presented in accordance with the applicable standard of care.
Exceptions to the requirements of this section include on-call, cross coverage situations, and consultation with another health care professional who has an ongoing health care provider relationship with the patient and agrees to supervise the patient's care and emergency treatment.
Source:
SL 2019, ch 156, §3; SL 2021, ch 158, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 52 - Telehealth Utilization By Health Care Professionals › Section 34-52-4 - Treatment and consultation recommendations.

34-52-4. Treatment and consultation recommendations.
Treatment and consultation recommendations made through telehealth via a health care professional shall be appropriately provided and within the health care professional's scope of practice, training, and experience.
Source:
SL 2019, ch 156, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 52 - Telehealth Utilization By Health Care Professionals › Section 34-52-5 - Face-to-face examination using real-time audio and visual technology.

34-52-5. Face-to-face examination using real-time audio and visual technology.
A health care professional using telehealth to provide medical care to any patient located in the state shall provide an appropriate face-to-face examination using real-time audio and visual technology prior to diagnosis and treatment of the patient, if a face-to-face encounter would otherwise be required in the provision of the same service not delivered via telehealth.
Source:
SL 2019, ch 156, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 52 - Telehealth Utilization By Health Care Professionals › Section 34-52-6 - Prescribing drugs.

34-52-6. Prescribing drugs.
Without a proper provider-patient relationship, a health care professional using telehealth may not prescribe a controlled drug or substance, as defined by §34-20B-3, solely in response to an internet questionnaire or consult, including any encounter via telephone.
Source:
SL 2019, ch 156, §6; SL 2020, ch 151, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 52 - Telehealth Utilization By Health Care Professionals › Section 34-52-7 - Informed consent.

34-52-7. Informed consent.
A health care professional using telehealth shall follow any applicable state or federal statute or rule for informed consent.
Source:
SL 2019, ch 156, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 52 - Telehealth Utilization By Health Care Professionals › Section 34-52-8 - Medical records.

34-52-8. Medical records.
A health care professional or the originating site treating a patient through telehealth shall:
(1)Maintain a complete record of the patient's care;
(2)Disclose the record to the patient consistent with state and federal laws; and
(3)Follow applicable state and federal statutes and regulations for medical record retention and confidentiality.
Source:
SL 2019, ch 156, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-2 - PEACE fund established.

34-53-2. PEACE fund established.
There is established in the state treasury the PEACE fund. Money in the fund may be used to pay administrative costs and extraordinary expenses incurred by the state or a political subdivision, arising out of or in connection with pipeline construction. Any interest earned on money in the fund shall be credited to the fund. The fund is continuously appropriated to the department.
The department shall administer the fund and maintain separate accounts for each project. The secretary shall approve vouchers and the state auditor shall draw warrants to pay administrative costs and extraordinary expenses in accordance with this chapter. All money received by the department for the PEACE fund shall be set forth in an informational budget pursuant to §4-7-7.2 and be annually reviewed by the Legislature.
Source: SL 2019, ch 157, §2, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-3 - Claim for extraordinary expense--Records.

34-53-3. Claim for extraordinary expense--Records.
The state or a political subdivision may submit a claim for extraordinary expense to the director for disbursement from the PEACE fund in accordance with this chapter. Each claim under this section shall be accompanied by a statement of the basis on which it is made, and true and accurate records and books of account regarding the extraordinary expense claimed, including copies of checks, vouchers, warrants, sales receipts, invoices, billings, payroll records, or similar documents for each extraordinary expense in sufficient detail to allow the director to reasonably review the claim.
The state or a political subdivision receiving a disbursement from the fund for an approved claim under this section shall keep and maintain true and accurate records and books of account consistent with government accounting standards and in the same manner and for the same period as required by law and shall be available for inspection by the director and a duly-authorized representative of the pipeline company.
On or before the first of February of each year, the director shall provide statements of claim activities for the preceding calendar year to the secretary, any applicable political subdivision, and the pipeline company.
Source: SL 2019, ch 157, §3, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-4 - Request for pre-approval of anticipated claim for extraordinary expense.

34-53-4. Request for pre-approval of anticipated claim for extraordinary expense.
The state or a political subdivision may submit a request for pre-approval of an anticipated claim for extraordinary expense to the PEACE fund in accordance with this chapter. Each request for pre-approval submitted under this section shall be accompanied by a statement of the basis on which the request is made and a description of the anticipated extraordinary expense in sufficient detail to allow the director to reasonably review the request.
If a request submitted under this section is approved, the state or political subdivision shall provide the director with the same documentation as required for a claim submitted under §34-53-3 after the extraordinary expense is incurred. The director shall review the documents provided under this section to determine whether the expenditure is consistent with the pre-approval decision and issue an action notice regarding the director's determination.
Source: SL 2019, ch 157, §4, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-5 - Approval or denial of claim or request for pre-approval.

34-53-5. Approval or denial of claim or request for pre-approval.
The director shall approve or deny, in whole or in part, any claim submitted under §34-53-3 or any request submitted under §34-53-4. The director may condition any claim for extraordinary expense at the director's discretion.
The director shall issue an action notice to the state, political subdivision, and the pipeline company of the approval or denial, in whole or in part, of a claim within ten days of receiving the claim under §34-53-3, or of a request within ten days of receiving claim documentation as required under §34-53-4. The action notice shall include all approved and denied portions of the claim, and the rationale for the approval or denial, in sufficient detail to allow the secretary, political subdivision, and the pipeline company to review the decision. An action notice may be accompanied by the records submitted in accordance with §34-53-3.
A claim submitted by the state or a political subdivision is not payable from the PEACE fund until the claim is approved by the director. The director shall authorize disbursements from the fund for payment of an approved claim to the state or a political subdivision within forty-five days from the date of the action notice.
Source: SL 2019, ch 157, §5, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-6 - Time for submission and approval of claim or request for pre-approval.

34-53-6. Time for submission and approval of claim or request for pre-approval.
A claim under §34-53-3 may be submitted to the director only after the project commencement date. A request under §34-53-4 may be submitted on or after March 27, 2019.
A claim under §34-53-3 shall be submitted to the director within forty-five days of the date the extraordinary expense is incurred.
Notwithstanding any other provision of this chapter, the director may not approve any claim or any request for pre-approval that will not be incurred within one year after the project completion date, subject to §34-53-16.
Source: SL 2019, ch 157, §6, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-7 - Department and pipeline company coordination of claims and requests for pre-approval.

34-53-7. Department and pipeline company coordination of claims and requests for pre-approval.
The department shall communicate with the pipeline company to review any claim or request for pre-approval made to the PEACE fund under §34-53-3 or 34-53-4. A pipeline company shall designate in writing three official representatives who are authorized to coordinate with the department. Any one official representative's concurrence with the director's action notice approving a claim is a waiver of the right of that pipeline company to contest the action notice and is a waiver of the informal review process by the secretary.
Source: SL 2019, ch 157, §7, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-8 - Reimbursements to be deposited in PEACE fund.

34-53-8. Reimbursements to be deposited in PEACE fund.
If the state or a political subdivision receives payment from the PEACE fund for an extraordinary expense, and subsequently receives reimbursement through restitution, judgment, settlement, contribution, or other funding for the expense from any other source, except civil recoveries, the reimbursement shall be deposited into the fund. The reimbursement deposited into the fund is a credit to a pipeline company and shall be used to offset the next special fee calculated under §34-53-11. Any reimbursement from federal sources or civil recoveries shall be deposited only as allocated by the secretary.
Source: SL 2019, ch 157, §8, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-9 - Pipeline company objection to approval or denial of claim--Review--Appeal.

34-53-9. Pipeline company objection to approval or denial of claim--Review--Appeal.
A pipeline company that disputes the approval or denial, in whole or in part, of a claim under §34-53-5 may, within ten days of the date of the action notice, submit its objection in good faith, together with a statement of the basis for the objection, and request a review from the secretary. The secretary shall make an expeditious review of the director's action notice and may approve, modify, condition, or deny the claim, in whole or in part. The secretary's review must be exhausted before any appeal to the Office of Hearing Examiners.
A pipeline company may appeal the secretary's decision, if the pipeline company has properly preserved its appeal by giving written notice to the secretary within ten days of the date of the secretary's decision.
The pipeline company may commence one administrative appeal annually arising out of all decisions, joined for judicial efficiency, dated during the preceding calendar year from which the pipeline company wishes to appeal. The pipeline company shall file a written notice of appeal with the Office of Hearing Examiners. Copies of the written notice must be served on the secretary and any other interested party no later than the first of March or the appeal is barred. A written notice of appeal shall identify each disputed and properly preserved claim with a decision in the prior calendar year.
An appeal under this section shall be conducted by a hearing examiner in accordance with chapter 1-26D. The hearing examiner, after hearing the evidence, shall make proposed findings of fact and conclusions of law, and issue a proposed decision. The secretary shall accept, reject, or modify the hearing examiner's findings, conclusions, and decision, which then constitutes the final agency decision. Alternatively, the secretary may appoint the hearing examiner to make the final agency decision. The secretary may arrange for assistance from private counsel throughout the administrative appeal process. The final agency decision may be appealed to circuit court in accordance with chapter 1-26. A pipeline company has standing to appeal under this section.
The appeal under this section is the exclusive remedy of a pipeline company regarding the disbursement of a claim of extraordinary expense and constitutes a limited express waiver of sovereign immunity only to the extent necessary under this section. The venue for any disputed claim and appeal under this section is Hughes County. Pre-judgment interest shall accrue from the date of the secretary's final decision on all disputed claims at the Category B rate of interest specified in §54-3-16.
Source: SL 2019, ch 157, §9, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-10 - Pipeline company initial deposit into PEACE fund--Return of balance after project completion.

34-53-10. Pipeline company initial deposit into PEACE fund--Return of balance after project completion.
Within twenty days of a project commencement date, the pipeline company shall make an initial deposit to the PEACE fund equal to five percent of the bond required under §34-53-13. The project account and fund may only be used in accordance with this chapter, and any remaining balance shall be remitted to the pipeline company no later than eighteen months after the project completion date less the amount equal to unresolved disputed claims under §34-53-9.
Source: SL 2019, ch 157, §10, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-11 - Calculation and billing of special fees.

34-53-11. Calculation and billing of special fees.
On a monthly basis, the Department of Public Safety shall calculate the special fee from the total approved claims paid from the fund during the prior calendar month. The total extraordinary expenses shall include the interest computed at the federal short-term applicable rate as set forth under 26 U.S.C. §6621(b)(3), and in effect on January 1, 2019. The department shall exclude disputed and properly preserved claims under §34-53-9 and account for the remaining initial deposit under §34-53-10.
On or before the twentieth day of each month, the secretary shall bill the pipeline company for the total net special fee computed under this section, which is due on the tenth day of the following month.
If a disputed claim under §34-53-9 is resolved in favor of payment from the fund, the department shall include the amount of the claim, including any pre-judgment interest, in the following month's special fee to be billed under this section.
If funds are received and deposited into the PEACE fund after special fees have been fully paid, the secretary shall disburse any remaining unobligated funds to the federal government agency that made contribution to the fund and the pipeline company on a pro rata basis until contributions are returned, and any remaining amounts deposited into the state general fund.
Source: SL 2019, ch 157, §11, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-12 - Special fee as continuing lien on pipeline company property.

34-53-12. Special fee as continuing lien on pipeline company property.
Any special fee billed under §34-53-11, including any computed interest, is a continuing lien on all property owned by the pipeline company within this state until the total special fee is paid in full or otherwise finally resolved. The secretary of the Department of Revenue shall file a notice of the lien describing the property against which the lien applies in the office of the register of deeds in the county where the property is located. Upon the filing of notice under this section, the lien is attached to all property of the pipeline company within this state and has priority over all other claims or liens on the property.
Source: SL 2019, ch 157, §12, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 53 - Expenses Arising Out Of Pipeline Construction › Section 34-53-13 - Pipeline company to furnish surety bond.

34-53-13. Pipeline company to furnish surety bond.
A pipeline company shall furnish a surety bond to the Department of Revenue written by a company authorized by the Division of Insurance to write surety bonds, in an amount of one million dollars for every ten miles affected by a project, but not in excess of twenty million dollars for each project. The surety bond furnished under this section is due to the Department of Revenue twenty days after the project commencement date. The surety bond shall name the state as the assured and shall be deposited with, and in a form and on terms approved by, the secretary of the Department of Revenue.
A pipeline company shall increase the surety bond above the initial surety bond amount by increments of twenty-five percent of the initial surety bond amount within ten days following each instance in which the department issues written notice that the incremental amount of all disputed and properly preserved claims under §34-53-9 equals twenty-five percent of the initial surety bond amount.
A political subdivision does not have standing to make a claim against the surety on a surety bond under this section. The state may file a claim against the surety if a pipeline company is in violation of this chapter.
Source: SL 2019, ch 157, §13, eff. Mar. 27, 2019.
Commission Note: This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.