reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-88 - Legislative finding regarding inclusion of disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) in counseling provided by registered pregnancy help centers.

34-23A-88. Legislative finding regarding inclusion of disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) in counseling provided by registered pregnancy help centers.
The Legislature finds that the physicians, agents, and employees who perform or assist in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have proven to be unreliable providers and counselors of the disclosures required by subsections 34-23A-10.1(1)(b), (c), (d), and (e)(ii), such that it is in the interests of the pregnant mothers that disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) be included in the mandatory third party counseling provided by registered pregnancy help centers as authorized by §34-23A-59.
Source:
SL 2018, ch 205, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-89 - Definition--Down syndrome.

34-23A-89. Definition--Down syndrome.
For purposes of §§ 34-23A-89 to 34-23A-93, inclusive, the term, Down syndrome, is a chromosome disorder associated with an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one.
Source:
SL 2021, ch 151, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-90 - Down syndrome--Abortion prohibited--Penalty.

34-23A-90. Down syndrome--Abortion prohibited--Penalty.
No person may perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion because the unborn child either has been diagnosed with Down syndrome or has had a screening indicating that the unborn child may have Down syndrome. Any person who violates this section is guilty of a Class 6 felony. No penalty may be assessed against the woman upon whom the abortion is performed or attempted to be performed.
Source:
SL 2021, ch 151, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-91 - Intentional, knowing, or negligent failure to comply--Civil action.

34-23A-91. Intentional, knowing, or negligent failure to comply--Civil action.
Where there has been an intentional, knowing, or negligent failure to comply with the provisions of §§ 34-23A-89 to 34-23A-93, inclusive, a pregnant woman who undergoes an abortion, or her survivors, may bring a civil action, and obtain liquidated damages in the amount of ten thousand dollars, plus reasonable attorney's fees and costs jointly and severally from the physician who performed the abortion and the abortion facility where the abortion was performed.
This amount shall be in addition to any damages that the woman or survivors may be entitled to receive under any common law or statutory provisions, to the extent that she sustains any injury. This amount shall also be in addition to the amounts that the woman or other survivors of the deceased unborn child may be entitled to receive under any common law or statutory provisions, including the wrongful death statutes of this state.
Source:
SL 2021, ch 151, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-92 - Exemptions to save life of the mother.

34-23A-92. Exemptions to save life of the mother.
The provisions of §§ 34-23A-89 to 34-23A-93, inclusive, do not apply to any abortion that is necessary to save the life of the pregnant woman because her life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would suffice for that purpose.
Source:
SL 2021, ch 151, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-93 - Nonrepealer clause.

34-23A-93. Nonrepealer clause.
Nothing in §§34-23A-89 to 34-23A-93, inclusive, repeals, by implication or otherwise, any provision not explicitly repealed.
Source:
SL 2021, ch 151, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-1 - Prenatal effects of drug and alcohol use.

34-23B-1. Prenatal effects of drug and alcohol use.
Any primary health care provider of obstetrical care to a pregnant woman and any counselor who provides services to a pregnant woman shall educate all pregnant patients as to the prenatal effects of drugs and alcohol. The Department of Health and the Department of Social Services shall offer educational materials and guidance to such physicians, health care providers, and chemical dependency counselors for the purpose of assuring accurate and appropriate patient education.
Source:
SL 1993, ch 252, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-2 - Creation and administration of prenatal educational program.

34-23B-2. Creation and administration of prenatal educational program.
The Department of Health and the Department of Social Services shall create and administer an educational program that offers education to all primary providers of obstetrical care and chemical dependency counselors providing services to pregnant women:
(1)In taking accurate and complete drug and alcohol histories for their pregnant patients;
(2)Concerning the effects of drugs and alcohol on pregnancy and fetal outcome, including the process of referral of children for evaluation;
(3)Concerning counseling techniques for women who abuse drugs or alcohol so as to improve referral to and compliance with drug and alcohol programs;
(4)In making appropriate referrals of children suspected of prenatal exposure to drugs or alcohol for evaluation purposes.
Source:
SL 1993, ch 252, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-3 - Age-appropriate education materials available to school districts.

34-23B-3. Age-appropriate education materials available to school districts.
Upon receipt of funds for such programs, the secretary of education shall adopt and make available to all school districts age-appropriate drug and alcohol education curricula concerning the physiological effects caused by the use of drugs and alcohol on the developing child before and after birth for inclusion in their drug and alcohol education programs in grades one through twelve.
Source:
SL 1993, ch 252, §3; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-4 - Toll-free information line.

34-23B-4. Toll-free information line.
The Department of Health and the Department of Social Services shall maintain a toll-free information line for the purpose of providing information on resources for substance abuse treatment and for assisting with referral for substance abusing pregnant women.
Source:
SL 1993, ch 252, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-5 - Screening materials to detect at-risk users of drugs and alcohol.

34-23B-5. Screening materials to detect at-risk users of drugs and alcohol.
The Department of Health and the Department of Social Services shall develop screening materials and criteria and make them available for use by primary providers for identification of high- and moderate-risk drug and alcohol use during pregnancy.
Source:
SL 1993, ch 252, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-6 - Referral to alcohol or drug program--Immunity from liability.

34-23B-6. Referral to alcohol or drug program--Immunity from liability.
Any physician, physician's assistant, nurse, certified nurse practitioner, certified nurse midwife, counselor, social worker, licensed or registered child welfare provider, employee or volunteer of a domestic abuse center, chemical dependency counselor, or safety sensitive position as defined in § 3-6C-1 who provides services to a pregnant woman may make a referral to a prevention or treatment program accredited pursuant to chapter 34-20A if the provider has information that a pregnant woman is engaging in the abusive use of alcohol or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B. Any such provider, who, in good faith, makes a referral to a prevention or treatment program accredited pursuant to chapter 34-20A of a pregnant woman engaging in abusive use of alcohol, abusive use of a lawfully prescribed controlled substance, or use of any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 or 34-20B, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the referral. This immunity also extends to any public official who in good faith is involved in the investigation of such conduct or to any person described in this section who in good faith cooperates with any public official in an investigation. Any referral pursuant to this section is permissive and nothing in this section requires the making of any referral.
Source:
SL 2006, ch 183, §1; SL 2017, ch 171, §50; SL 2021, ch 116, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-7 - Definitions.

34-23B-7. Definitions.
Terms used in §§ 34-23B-8 and 34-23B-9 mean:
(1)"Lethal fetal anomaly," a condition that is diagnosed before the child's birth and will, with reasonable medical certainty, result in the child's death within three months from the date of birth; and
(2)"Perinatal hospice," the provision of:
(a)Comprehensive, supportive care to a pregnant mother and her family, beginning with the diagnosis of a lethal fetal anomaly and continuing through the birth and resultant death of the child; and
(b)Counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, specialty nurses, clergy, social workers, and others who are focused on alleviating fear and ensuring that the mother and her family experience the life and death of the child in a comfortable and supportive environment.
Source:
SL 2021, ch 152, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-8 - Perinatal hospice providers and programs.

34-23B-8. Perinatal hospice providers and programs.
The Department of Health shall develop and post on the department's website:
(1)A brochure that:
(a)Describes the services available from a perinatal hospice program;
(b)Includes a statement that medical assistance benefits may be available for prenatal care, childbirth, and perinatal hospice;
(c)Includes information regarding access to grief counseling and other support programs; and
(d)Includes a link to the departmental website at which additional information may be accessed;
(2)A list of all perinatal hospice providers and programs located in this state;
(3)A list of perinatal hospice providers and programs that:
(a)Are located in surrounding states; and
(b)Provide care to residents of this state; and
(4)A list of other perinatal hospice resources.
Source:
SL 2021, ch 152, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23B - Prenatal Education › Section 34-23B-9 - Receipt of information.

34-23B-9. Receipt of information.
If a pregnant mother is notified of a lethal fetal anomaly, the health care provider shall, at the time of notification, provide the mother with copies of the brochure and lists referenced in §34-23B-8.
Source:
SL 2021, ch 152, § 3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-16 - Educational program on metabolic diseases.

34-24-16. Educational program on metabolic diseases.
The State Department of Health shall provide for the development and carrying out of an educational program among physicians, staffs of hospitals, public health nurses, and the citizens of this state concerning the disease phenylketonuria, hypothyroidism, and other metabolic diseases which may cause intellectual disabilities for which appropriate methods of detection, prevention, or treatment are available. This educational program shall include information about the nature of the diseases and examinations for the early detection of such diseases in order that proper measures may be taken to prevent intellectual disabilities.
Source:
SL 1973, ch 233, §1; SL 1982, ch 264, §1; SL 2013, ch 125, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-17 - Screening of newborn infants for metabolic, inherited, and genetic disorders.

34-24-17. Screening of newborn infants for metabolic, inherited, and genetic disorders.
Each infant born in South Dakota shall be screened for metabolic, inherited, and genetic disorders. This screening shall be as prescribed by the Department of Health.
Source:
SL 1973, ch 233, §2; SL 1990, ch 170, §8; SL 2015, ch 185, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-18 - Phenylketonuria, hypothyroidism, and galactosemia testing in newborn.

34-24-18. Phenylketonuria, hypothyroidism, and galactosemia testing in newborn.
The tests for detecting a metabolic, inherited, or genetic disorder of the newborn infant, as prescribed by the Department of Health, shall include the testing for excessive phenylalanine in the serum of the newborn, for hypothyroidism, and for elevated blood galactose in the newborn.
Source:
SL 1973, ch 233, §8; SL 1982, ch 264, §2; SL 1991, ch 277, §1; SL 2015, ch 185, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-19 - Phenylketonuria, hypothyroidism, or galactosemia tests when facilities not available.

34-24-19. Phenylketonuria, hypothyroidism, or galactosemia tests when facilities not available.
If facilities are not available for the screening of newborn infants for the phenylketonuria syndrome, for hypothyroidism or for galactosemia, the Department of Health shall arrange for testing through the director of laboratories.
Source:
SL 1973, ch 233, §7; SL 1982, ch 264, §3; SL 1985, ch 283, §23; SL 1991, ch 277, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-20 - Phenylketonuria, hypothyroidism and galactosemia tests provided by department for newborn not tested.

34-24-20. Phenylketonuria, hypothyroidism and galactosemia tests provided by department for newborn not tested.
If the required report to the Department of Health shows that the newborn infant was not tested for phenylketonuria, for hypothyroidism or for galactosemia, the department may arrange for the infant to be tested.
Source:
SL 1973, ch 233, §6; SL 1982, ch 264, §4; SL 1991, ch 277, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-21 - Procedures prescribed after positive phenylketonuria, hypothyroidism, or galactosemia tests.

34-24-21. Procedures prescribed after positive phenylketonuria, hypothyroidism, or galactosemia tests.
If a screening test indicates a newborn infant may be afflicted with the phenylketonuria syndrome, hypothyroidism, or galactosemia, the Department of Health shall prescribe the procedures to be followed in order to determine if the syndrome is actually present.
Source:
SL 1973, ch 233, §3; SL 1982, ch 264, §5; SL 1991, ch 277, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-22 - Testing for other metabolic, inherited, or genetic disorders.

34-24-22. Testing for other metabolic, inherited, or genetic disorders.
If tests for detecting a metabolic, inherited, or genetic disorder other than phenylketonuria, hypothyroidism, and galactosemia are perfected, the Department of Health may require that tests for the syndrome or syndromes be made and reported to the department.
Source:
SL 1973, ch 233, §5; SL 1982, ch 264, §6; SL 1991, ch 277, §5; SL 2015, ch 185, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-23 - Results of tests for metabolic, inherited, or genetic disorders reported to department.

34-24-23. Results of tests for metabolic, inherited, or genetic disorders reported to department.
Results of the tests for a metabolic, inherited, and genetic disorder in infants, as prescribed by the Department of Health, shall be sent to the department on forms to be prescribed and furnished by the department to all physicians and hospitals.
Source:
SL 1973, ch 233, §9; SL 2015, ch 185, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-24 - Information to be provided to parents or guardians.

34-24-24. Information to be provided to parents or guardians.
The Department of Health shall provide to the parents or guardians responsible for the care of an affected child, information about accepted medical procedures for treating any identified metabolic, inherited, or genetic disorder. A parent or guardian may decline such information.
Source:
SL 1973, ch 233, §4; SL 2015, ch 185, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-25 - Rules and regulations.

34-24-25. Rules and regulations.
The Department of Health is authorized to promulgate and enforce rules and regulations to aid in implementing the provisions of §§34-24-16 to 34-24-24, inclusive.
Source:
SL 1973, ch 233, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-27 - Reports of fetal alcohol syndrome.

34-24-27. Reports of fetal alcohol syndrome.
The Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of fetal alcohol syndrome from all physicians, hospitals, and institutions. To implement this section, the department may adopt rules, pursuant to chapter 1-26, specifying the definitions, methods by which reports shall be made, and the content and timeliness of such reports.
Source:
SL 2001, ch 185, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-28 - Confidentiality of reports.

34-24-28. Confidentiality of reports.
Any report required to be submitted pursuant to §34-24-27 is strictly confidential. The reports may not be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings or otherwise and are not admissible as evidence in any action of any kind in a court or before any tribunal, board, agency or person. However, release of medical or epidemiological information may be authorized by the Department of Health under any of the following circumstances:
(1)For statistical purposes in such a manner that no person can be identified;
(2)With the written consent of the person identified in the information released;
(3)To the extent necessary to enforce the provisions of §§34-24-28 to 34-24-31, inclusive, and rules promulgated thereunder concerning the prevention and treatment of fetal alcohol syndrome; or
(4)To the extent necessary to protect the health or life of a named person.
Source:
SL 2001, ch 185, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-29 - Disclosure of confidential reports as misdemeanor.

34-24-29. Disclosure of confidential reports as misdemeanor.
Except as provided in §34-24-28, any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to §34-24-27, who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under §34-24-28, or who compels another person to disclose such medical reports, is guilty of a Class 1 misdemeanor.
Source:
SL 2001, ch 185, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-30 - Good faith reporting not a libel or slander.

34-24-30. Good faith reporting not a libel or slander.
Good faith reporting or disclosure pursuant to §34-24-27 does not constitute a libel or slander or a violation of the right to privacy of privileged communication.
Source:
SL 2001, ch 185, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-31 - Civil and criminal immunity.

34-24-31. Civil and criminal immunity.
Any person who in good faith complies with the reporting requirements of §34-24-27 is immune from civil and criminal liability for such action taken in compliance with the provisions of §34-24-27. Compliance by a person or facility with the reporting requirements of §34-24-27 fulfills any duty of the person or facility to protect the public health.
Source:
SL 2001, ch 185, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-32 - Pulse oximetry test required for newborns.

34-24-32. Pulse oximetry test required for newborns.
All hospitals which routinely provide obstetrical services and birth centers shall provide screening of newborns for congenital heart defects through the use of a pulse oximetry test.
Source:
SL 2013, ch 158, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-33 - Prohibited medical interventions--Definitions.

34-24-33. Prohibited medical interventions--Definitions.
Terms used in §§34-24-34 to 34-24-38, inclusive, mean:
(1)"Minor," any person under the age of eighteen; and
(2)"Sex,” the biological indication of male and female, as evidenced by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth.
Source: SL 2023, ch 127, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-34 - Prohibited medical interventions--Intent--Actions.

34-24-34. Prohibited medical interventions--Intent--Actions.
Except as provided in §34-24-35, a healthcare professional may not, for the purpose of attempting to alter the appearance of, or to validate a minor's perception of, the minor’s sex, if that appearance or perception is inconsistent with the minor's sex, knowingly:
(1)Prescribe or administer any drug to delay or stop normal puberty;
(2)Prescribe or administer testosterone, estrogen, or progesterone, in amounts greater than would normally be produced endogenously in a healthy individual of the same age and sex;
(3)Perform any sterilizing surgery, including castration, hysterectomy, oophorectomy, orchiectomy, penectomy, and vasectomy;
(4)Perform any surgery that artificially constructs tissue having the appearance of genitalia differing from the minor's sex, including metoidioplasty, phalloplasty, and vaginoplasty; or
(5)Remove any healthy or non-diseased body part or tissue.
Source: SL 2023, ch 127, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-35 - Prohibited medical interventions--Exceptions.

34-24-35. Prohibited medical interventions--Exceptions.
The prohibitions of §34-24-34 do not limit or restrict the provision of services to:
(1)A minor born with a medically verifiable disorder of sex development, including external biological sex characteristics that are irresolvably ambiguous;
(2)A minor diagnosed with a disorder of sexual development, if a healthcare provider has determined, through genetic or biochemical testing, that the minor does not have a sex chromosome structure, sex steroid hormone production, or sex steroid hormone action, that is normal for a biological male or biological female; or
(3)A minor needing treatment for an infection, injury, disease, or disorder that has been caused or exacerbated by any action or procedure prohibited by §34-24-34.
Source: SL 2023, ch 127, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-36 - Prohibited medical interventions--License or certification revocation.

34-24-36. Prohibited medical interventions--License or certification revocation.
If a professional or occupational licensing board finds, by a preponderance of the evidence and in compliance with chapter 1-26, that a healthcare professional licensed or certified by the board has violated §34-24-34, the board must revoke any professional or occupational license or certificate held by the healthcare professional.
Source: SL 2023, ch 127, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-37 - Prohibited medical interventions--Civil action--Time of commencement.

34-24-37. Prohibited medical interventions--Civil action--Time of commencement.
Any civil action to recover damages for injury suffered as a result of a violation of §34-24-34 must be commenced before the later of:
(1)The date on which the person reaches age twenty-five; or
(2)Within three years from the time the person discovered or reasonably should have discovered that the injury or damages were caused by the violation.
Source: SL 2023, ch 127, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24 - Child Health › Section 34-24-38 - Prohibited medical interventions--Certain use of drugs or hormones temporarily permitted.

34-24-38. Prohibited medical interventions--Certain use of drugs or hormones temporarily permitted.
If, prior to July 1, 2023, a healthcare professional has initiated a course of treatment, for a minor, which includes the prescription or administration of any drug or hormone prohibited by §34-24-34, and if the healthcare professional determines and documents in the minor's medical record that immediately terminating the minor's use of the drug or hormone would cause harm to the minor, the healthcare professional may institute a period during which the minor's use of the drug or hormone is systematically reduced. That period may not extend beyond December 31, 2023.
Source: SL 2023, ch 127, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24A - Fluoridation Of Water › Section 34-24A-1 - Duty of control of fluoride content in municipal water supply.

34-24A-1. Duty of control of fluoride content in municipal water supply.
Any person, firm, limited liability company, corporation, or municipality having jurisdiction over a municipal water supply, whether publicly or privately owned or operated, shall control the quantities of fluoride in the water so as to maintain a minimum fluoride content prescribed by the South Dakota Department of Agriculture and Natural Resources.
Source: SL 1969, ch 112; SL 1986, ch 295, §1; SL 1994, ch 351, §63; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24A - Fluoridation Of Water › Section 34-24A-1.1 - Functions performed by Department of Agriculture and Natural Resources and Board of Minerals and Environment.

34-24A-1.1. Functions performed by Department of Agriculture and Natural Resources and Board of Minerals and Environment.
The Department of Agriculture and Natural Resources shall perform all the functions of the Public Health Advisory Committee, the state health officer, and the Department of Health with respect to water hygiene programs authorized under, but not limited to, this chapter, except that the Board of Minerals and Environment shall perform any advisory functions as defined in §1-32-1.
Source: SL 1973, ch 2, §103; SL 1974, ch 3, §25; SL 1986, ch 295, §2; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24A - Fluoridation Of Water › Section 34-24A-2 - Rules and regulations relating to fluoridation of water supplies.

34-24A-2. Rules and regulations relating to fluoridation of water supplies.
The Department of Agriculture and Natural Resources shall, in compliance with chapter 1-26, promulgate rules relating to the fluoridation of public water supplies which shall include, but not be limited to the following:
(1)The means by which fluoride is controlled;
(2)The methods of testing the fluoride content; and
(3)The records to be kept relating to fluoridation.
Source: SL 1969, ch 112; SL 1972, ch 15, §4; SL 1986, ch 295, §3; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24A - Fluoridation Of Water › Section 34-24A-3 - Enforcement of fluoridation requirements--Number of users requiring fluoridation--Exemption from fluoridation requirement.

34-24A-3. Enforcement of fluoridation requirements--Number of users requiring fluoridation--Exemption from fluoridation requirement.
The Department of Agriculture and Natural Resources shall enforce the provisions of §§34-24A-1 and 34-24A-2. In so doing it shall require the fluoridation of water in all municipal water supplies serving a population of five hundred or more. The department may not require the fluoridation of water in any municipal water supply where such water supply in the state of nature contains sufficient fluorides to conform with the rules of the department.
Source: SL 1969, ch 112; SL 1972, ch 15, §3; SL 1986, ch 295, §4; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24B - Blood Donors › Section 34-24B-1 - Blood recipients allowed to specify donors--Screening--Liability.

34-24B-1. Blood recipients allowed to specify donors--Screening--Liability.
Any person requiring a transfusion of whole blood or blood components may specify a donor or donors to provide the blood. Blood from such donors shall undergo the same screening procedures for acceptability for donation and transfusion as are medically necessary or required for blood donations of nonspecified donors. If no specified donor is able to donate blood or if it is not possible for the blood from a specified donor to be processed within the time determined by a physician to be necessary to sustain life, the physician, hospital, blood bank, or blood collection center or their officers, directors, agents, or employees are not liable solely because whole blood or blood components from nonspecified donors is subsequently transfused.
Source:
SL 1987, ch 256.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24C - Mammograms › Section 34-24C-2 - Program to provide money to medical institutions--Subsidies based upon income of mammogram recipient--Promulgation of rules.

34-24C-2. Program to provide money to medical institutions--Subsidies based upon income of mammogram recipient--Promulgation of rules.
The Department of Health may establish a program which provides money to medical institutions for mammograms. The grant program shall subsidize mammograms based upon the income of the recipient of the mammogram. The secretary of health shall promulgate rules, pursuant to chapter 1-26, to establish the application procedure for grants, the income guidelines for those who receive mammograms, and the amount of subsidy.
Source:
SL 1991, ch 278, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24C - Mammograms › Section 34-24C-3 - Application for grant to provide subsidized mammograms--Responsibilities of grant recipients.

34-24C-3. Application for grant to provide subsidized mammograms--Responsibilities of grant recipients.
Any medical institution in this state may apply to the Department of Health for a grant to provide subsidized mammograms. Any medical institution that receives a grant pursuant to this chapter shall, as a condition of the grant, report to the Department of Health the frequency of mammograms, the number and amount of subsidies provided and the detection of cancer resulting from those mammograms.
Source:
SL 1991, ch 278, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 24C - Mammograms › Section 34-24C-4 - "Medical institution" defined.

34-24C-4."Medical institution" defined.
For the purposes of this chapter, a medical institution is any hospital, X ray center, doctor's office, or medical clinic.
Source:
SL 1991, ch 278, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-1 - Department of Health to have charge of registration.

34-25-1. Department of Health to have charge of registration.
The State Department of Health shall have charge of the registration of births, deaths, fetal deaths, burials, marriages, and divorces.
Source:
SL 1931, ch 267, §1; SDC 1939, §27.0201; SL 1941, ch 124, §1; SL 1945, ch 103, §1; SL 1972, ch 194, §1; SL 1978, ch 255, §1; SL 1980, ch 238, §24.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-4 - Vital registration districts--Establishment, consolidation or subdivision.

34-25-4. Vital registration districts--Establishment, consolidation or subdivision.
The department shall establish vital registration districts throughout the state. The department may consolidate or subdivide such districts to facilitate registration.
Source:
SL 1931, ch 267, §3; SDC 1939, §27.0203; SL 1972, ch 194, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-4.1 - Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty.

34-25-4.1. Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty.
The register of deeds shall be the local registrar of vital records for each registration district in this state. If there is no register of deeds, the department shall designate the local registrar who shall assume the responsibilities of local registrar of vital records. No fee shall be charged by a local registrar for filing an original or amended birth record or a death or burial record or for certified copies to persons entitled thereto under §34-25-54.
Each local registrar shall appoint a deputy whose duty it shall be to act in his stead in case of the absence or disability of such local registrar.
Source:
SL 1931, ch 267, §3; SDC 1939, §27.0203; SDCL, §34-25-4; SL 1972, ch 194, §4; SL 1974, ch 55, §33.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-8 - Birth registration--Certificate of live birth--Time for filing--Availability of records.

34-25-8. Birth registration--Certificate of live birth--Time for filing--Availability of records.
The birth of every child born in this state shall be registered as provided in this chapter. Within seven days after the date of each live birth, there shall be filed with the department by electronic means if a facility has such capabilities, or otherwise if electronic means are not available, a certificate of such birth. The certificate shall be upon the form prescribed by the department. For certificates of birth filed after seven days, but within one year from the date of birth, the department may, by rules promulgated pursuant to chapter 1-26, require additional evidence in support of the facts of birth.
Informational copies of birth records shall be available to any person who can identify the birth record by providing the name of the person on the birth record, the date of birth, the mother's maiden name, or additional information required to locate the record. Nothing in this section prohibits the release of information contained on a birth record which would not identify any person named in the record.
If one hundred years have elapsed after the date of birth, the records of the birth in the custody of the department shall become available to the public without restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide for the continued safekeeping of these records.
Source:
SDC 1939, §27.0207; SL 1945, ch 104; SL 1947, ch 121, §1; SL 1972, ch 194, §5; SL 1989, ch 297, §1; SL 1995, ch 196, §1; SL 1997, ch 205, §1; SL 2005, ch 190, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-8.1 - Birth in moving conveyance.

34-25-8.1. Birth in moving conveyance.
If a birth occurs in a moving conveyance, a birth certificate shall designate the county in which the child was first removed from the conveyance.
Source:
SL 1972, ch 194, §6; SL 1995, ch 196, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-9 - Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate.

34-25-9. Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate.
If a birth occurs in an institution, the physician in attendance at the birth or the physician's designee shall, within five days after the birth, obtain the personal data and the medical information required by the certificate and provide it to the person designated by the institution to file the certificate.
Source:
SDC 1939, §27.0207; SL 1945, ch 104; SL 1947, ch 121, §1; SL 1972, ch 194, §8; SL 1995, ch 196, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-9.1 - Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.

34-25-9.1. Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.
If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1)The physician in attendance at or immediately after the birth, or in the absence of such a person;
(2)Any other person in attendance at or immediately after the birth, or in the absence of such a person;
(3)The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence necessary to establish the facts of birth.
Any person required to prepare and file a birth certificate pursuant to this section who fails to do so within one year of the birth is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §27.0207; SL 1945, ch 104; SL 1947, ch 121, §1; SDCL §34-25-9; SL 1972, ch 194, §9; SL 1997, ch 205, §2; SL 2019, ch 153, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-9.2 - Birth certificate signed by parents or informant.

34-25-9.2. Birth certificate signed by parents or informant.
Either of the parents of the child shall sign a document attesting to the accuracy of the personal data entered on it. If the parents are unable to sign, the document shall be signed by the informant.
Source:
SL 1972, ch 194, §10; SL 1995, ch 196, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-13.1 - Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.

34-25-13.1. Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.
If the mother was married at the time of conception or birth, or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless:
(1)Paternity has otherwise been determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered;
(2)The mother and the mother's husband execute joint or separate affidavits attesting that the husband is not the father of the child, in which case information about the father shall be omitted from the certificate; or
(3)The mother executes an affidavit attesting that her husband is not the biological father and providing the name of the alleged biological father, the husband executes an affidavit attesting that he is not the biological father, and the alleged biological father executes an affidavit attesting that he is the biological father, then the attesting biological father shall be shown as the father on the certificate.
Affidavits may be joint or individual, and each signature shall be individually notarized.
Source:
SL 1972, ch 194, §11; SL 1993, ch 253, §2; SL 1997, ch 205, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-13.2 - Parents' consent or judicial determination required to name father in birth certificate when mother unmarried.

34-25-13.2. Parents' consent or judicial determination required to name father in birth certificate when mother unmarried.
If the mother was not married at the time of conception or birth, or at any time between conception and birth, the name of the father may not be entered on the certificate of birth without the written consent of the mother and the person to be named as the father unless a judicial determination has been made, in which case the name of the father as determined by the court shall be entered.
Source:
SL 1972, ch 194, §12; SL 1993, ch 253, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-13.3 - Unmarried mother's surname shown on birth certificate unless paternity acknowledged.

34-25-13.3. Unmarried mother's surname shown on birth certificate unless paternity acknowledged.
If the mother was not married at the time of conception or birth, or at any time between conception and birth, the mother's surname shall be shown on the birth certificate as the legal surname of the child at the time of birth unless an affidavit of acknowledgment of paternity signed by both parents is received.
Source:
SL 1972, ch 194, §13; SL 1993, ch 253, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-13.4 - Father not named on birth certificate--No other information entered.

34-25-13.4. Father not named on birth certificate--No other information entered.
If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.
Source:
SL 1972, ch 194, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-14 - Child of unknown parents--Physician to name child and file birth certificate.

34-25-14. Child of unknown parents--Physician to name child and file birth certificate.
In the case of a neglected or abandoned child, whose parents are unknown, such child shall be examined immediately by a licensed physician who shall assign a given name to the child, and, within seven days, file directly with the State Department of Health a certificate, in form and manner prescribed by the department.
Source:
SDC 1939, §27.0207 as added by SL 1945, ch 104; SL 1947, ch 121, §1; SL 1972, ch 194, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-15 - Legitimation of child--New birth certificate--Fee.

34-25-15. Legitimation of child--New birth certificate--Fee.
In cases of legitimation, the department, upon receipt of proof of the marriage of the parents after the birth of the child together with an affidavit of paternity signed by both parents of the child, shall prepare a new certificate of birth in the new name of the legitimated child.
Within ten days after the filing of an affidavit of acknowledgment of paternity, signed by both putative parents who are not married, the department shall add the name of the father to the certificate of birth if paternity is not shown on the record. Upon request of the parents, the surname of the child may be changed to that of the father or a combination of mother's and father's surnames, in which case the department shall prepare a new birth certificate. A change in paternity, which is already shown on a birth certificate, may be made only upon receipt of a court order determining paternity.
Upon receipt of a court order or affidavits determining the paternity of a child pursuant to §34-25-13.1, the department shall prepare a new certificate of birth. Each applicant for a new birth record shall submit a five dollar fee to the department for the preparation and filing of the record.
Source:
SDC 1939, §27.0218 as added by SL 1947, ch 121, §2; SL 1972, ch 194, §16; SL 1981, ch 262; SL 1982, ch 265, §1; SL 1991, ch 279, §1; SL 1997, ch 205, §4; SL 1999, ch 175, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 25 - Vital Records And Burial Permits › Section 34-25-16 - Adoption information forwarded by clerk of courts.

34-25-16. Adoption information forwarded by clerk of courts.
Within ten days after the filing of every original, amended, or annulled decree of adoption, the clerk of courts shall forward to the department such information necessary to establish a new certificate of birth on a form prepared by the department.
Source:
SL 1939, ch 168, §12; SL 1947, ch 121, §3; SDC Supp 1960, §55.3717; SL 1972, ch 194, §17.