reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:20 - Communicable Disease Control › Chapter 44:20:03 - Control measures › Section 44:20:03:08 - Contact referral and notification

Current through Register Vol. 51, page 10, July 15, 2024
The department may contact a person known to be infected with
				  a reportable disease or condition and encourage the person to refer to the
				  department for counseling, testing, or other medical examination any other
				  person with whom the infected person has had contact or has exposed in a manner
				  that has been demonstrated epidemiologically to transmit the reportable disease
				  or condition. The department may contact any person named pursuant to this
				  section for the purpose of counseling the person and encouraging the person to
				  submit to testing or other medical examination. The department shall conduct
				  such contacts in a manner that protects the confidentially of the person to the
				  extent possible.
General Authority:
SDCL
					 34-1-17,
					 34-22-9,
					 34-22-12,
					 34-23-13.
Law Implemented:
SDCL
					 34-22-9,
					 34-22-12,
					 34-22-12.1,
					 34-23-2,
					 34-23-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:20 - Communicable Disease Control › Chapter 44:20:03 - Control measures › Section 44:20:03:09 - Control measures for food handlers

Current through Register Vol. 51, page 10, July 15, 2024
A food handler who is infected with a reportable disease or
				  condition that can be transmitted by foods may not, during the period of
				  communicability, engage in the production, preparation, manufacture, packaging,
				  storage, sale, distribution, or transportation of food products intended for
				  human consumption. Unless another cause is determined, the following symptoms
				  indicate suspected infection with a reportable disease or condition that can be
				  transmitted by food: diarrhea, vomiting, open skin sores, boils, fever, dark
				  urine, or jaundice. If a food handler is determined or suspected to be infected
				  with a reportable disease or condition that can be transmitted by foods, the
				  department may require one or more of the following public health
				  measures:
(1) The immediate exclusion
				of the food handler from the production, preparation, manufacture, packaging,
				storage, sale, distribution, or transportation of food;
(2) The immediate exclusion of the suspect
				food from distribution, consumption, or unauthorized disposal; or
(3) Medical examination and laboratory
				testing of the food handler and work associates.
The owner or operator of the food producing, processing, or
				  service establishment or the employer of the food handler, is responsible for
				  ensuring compliance with this section.
General Authority:
SDCL
					 34-1-17,
					 34-5-15,
					 34-22-9.
Law Implemented:
SDCL
					 34-5-11.1,
					 34-22-9.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:20 - Communicable Disease Control › Chapter 44:20:03 - Control measures › Section 44:20:03:10 - Application of public health measures to animals

Current through Register Vol. 51, page 10, July 15, 2024
The department may instruct a person who owns or is in
				  possession of an animal known or suspected to be a carrier of an infectious
				  agent in public health measures for preventing infection and spread of disease.
				  If the department knows or has reason to believe, because of testing or
				  epidemiological information, that an animal is infected with an infectious
				  agent and is a threat to the public health, it may issue a public health notice
				  directing the person who owns or is in possession of the animal to take one or
				  more of the following actions:
(1) To
				examine or test the animal to determine whether it is infected with an
				infectious agent capable of causing human disease;
(2) To report to an authorized department
				representative for counseling on methods for preventing transmission of the
				infectious agent;
(3) To confine or
				quarantine the animal for the duration of the incubation period or contagious
				period;
(4) To destroy the animal
				or provide treatment until it is cured or free from the infection and to follow
				measures for preventing reinfection;
(5) To cease from specific activities
				involving the infected animal that endanger the health of others;
(6) To cooperate with the department in
				implementation of reasonable public health measures.
General Authority:
SDCL
					 34-1-17,
					 34-22-9.
Law Implemented:
SDCL
					 34-22-9.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:01 - Rules of general applicability › Section 44:22:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Abstract," a summary from the medical
				record of pertinent cancer information about the patient, the disease, the
				cancer-directed treatment, and the disease process from the time of diagnosis
				until the patient's death;
(2)
				"Cancer," includes:
(a) Any malignant and in
				situ neoplasm of any site, excluding any basal and squamous cell carcinoma of
				the skin;
(b) Any basal and
				squamous cell carcinoma of any mucoepidermoid site; and
(c) Any brain and central nervous system
				neoplasm regardless of malignancy;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:01 - Rules of general applicability › Section 44:22:01:02 - Organization and structure

Current through Register Vol. 51, page 10, July 15, 2024
The department is the custodian of the central cancer
				  registry and is responsible for the overall collection, validation, analysis,
				  and dissemination of data and information related to the system. The department
				  may enter into agreements or contracts with other public or private entities in
				  performing these functions.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-12,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:01 - Rules of general applicability › Section 44:22:01:03 - Functions of central cancer registry

Current through Register Vol. 51, page 10, July 15, 2024
The central cancer registry is a surveillance system and
				  shall be used to:
(1) Monitor the
				incidence and mortality of cancer in the state to detect potential public
				health problems;
(2) Inform and
				educate by providing descriptive data on cancer incidence and mortality to
				health professionals and the general public about risks, prevention, and early
				detection of cancers known to be elevated in their communities;
(3) Guide decisions about how to use
				public-funded cancer control resources by more accurately targeting
				intervention resources for communities and patients and their families;
				and
(4) Respond to public
				concerns.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:02 - Reporting requirements › Section 44:22:02:01 - Entities required to provide report

Current through Register Vol. 51, page 10, July 15, 2024
Any hospital, physician, physician assistant, nurse
				  practitioner, or nurse midwife, pathology laboratory, or free-standing
				  radiology center that detects, diagnoses, or treats a cancer case in South
				  Dakota shall submit the information needed on a cancer case to the department
				  or its representative as required by §§1-43-11 to 1-43-17,
				  inclusive.
A federal tumor registry may participate in the central
				  cancer registry if the registry submits reports in conformance with the same
				  standards. Any other entity may voluntarily submit any cancer case to the
				  central cancer registry.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-13,
					 1-43-15.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:02 - Reporting requirements › Section 44:22:02:02 - Reportable conditions - General criteria

Current through Register Vol. 51, page 10, July 15, 2024
The following conditions are reportable:
(1) Any neoplasm listed in the
International Classification of Diseases for Oncology
, Third
				Edition, 2000, with a behavior code of "2", in situ, or "3", malignant, with
				the exception of:
(a) Carcinoma
in
				situ
of the cervix;
(b)
				Intraepithelial neoplasia of the cervix (CIN) and prostate (PIN); and
(c) Basal or squamous cell carcinoma of the
				non-mucoepidermoid sites of the skin (C44.0-C44.9):
(i) 8000-8005 Neoplasms malignant (NOS)
				(C44.0-C44.9);
(ii) 8000-8046
				Epithelial carcinomas of the skin (C44.0-44.9);
(iii) 8050-8084 Papillary and squamous cell
				carcinomas of the skin (C44.0-C44.9); and
(iv) 8090-8110 Basal cell carcinomas of the
				skin (C44.0-C44.9);
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:02 - Reporting requirements › Section 44:22:02:06 - Reportable data elements for tumor registries

Current through Register Vol. 51, page 10, July 15, 2024
A tumor registry shall report the minimal data elements in
				  the required status table in
NAACCR Standards for Cancer
				  Registries
, Volume II, for each case which meets the criteria
				  established in §§
									44:22:02:02 to 44:22:02:05,
				  inclusive. These must be reported in the designated NAACCR record layout in
NAACCR's Standards for Cancer Registries
, Volume
				  II.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-13,
					 1-43-14.
Standards for Cancer Registries
, Volume II,
					 Data Standards and Data Dictionary, North Association of Central Cancer
					 Registries, NAACCR, 2121 W. White Oaks Drive, Suite C, Springfield, IL 62704.
					 Free.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:02 - Reporting requirements › Section 44:22:02:07 - Method of reporting for tumor registries

Current through Register Vol. 51, page 10, July 15, 2024
Each facility with a tumor registry shall provide to the
				  department the data elements described in §
									44:22:02:06 for all cases which
				  meet the reporting criteria established in §§
									44:22:02:02 to 44:22:02:05,
				  inclusive. Abstracts must be completed within six months from the date of
				  initial diagnosis. Data must be transmitted to the central cancer registry at
				  least on a quarterly basis, by the following dates:
First Quarter (January-March)
September 30 of the same year
Second Quarter (April-June)
December 31 of the same year
Third Quarter (July-September)
March 31 of the next year
Fourth Quarter (October-December)
June 30 of the next year
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-13,
					 1-43-14.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:02 - Reporting requirements › Section 44:22:02:09 - Method of reporting for pathology laboratories

Current through Register Vol. 51, page 10, July 15, 2024
Each pathology laboratory shall submit pathology reports at
				  least on a quarterly basis.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:02 - Reporting requirements › Section 44:22:02:09.01 - Method of reporting for hospitals without tumor registries, physicians, physician assistants, nurse practitioners, nurse midwives, and free-standing radiology centers

Current through Register Vol. 51, page 10, July 15, 2024
Each provider shall complete a form prescribed by the
				  department if a cancer case is found by the department through case finding
				  mechanisms. The provider shall complete the form and return it to the
				  department within 30 days. If the hospitals, physician, physician assistant,
				  nurse practitioner, nurse midwife, or free-standing radiology center is unable
				  to complete the form, they can provide a copy of that portion of the patient's
				  medical record that contains the minimum information necessary for the
				  department to complete the form. The department may request disease indices
				  from hospitals without tumor registries, physicians, physician assistants,
				  nurse practitioners, nurse midwives, or free-standing radiology centers to
				  assist in case finding. The disease indices shall be provided to the department
				  within 30 days of the request.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:02 - Reporting requirements › Section 44:22:02:10 - Reporting for other entities

Current through Register Vol. 51, page 10, July 15, 2024
The central cancer registry may develop an individual
				  agreement with any entity. The central cancer registry and administration of
				  the entity shall mutually decide how cancer cases will be made available to the
				  central cancer registry.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:03 - Quality assurance › Section 44:22:03:01 - Correcting submitted data

Current through Register Vol. 51, page 10, July 15, 2024
Upon discovering an error in a report or upon the request of
				  the department, a reporting entity shall supply corrected or missing
				  information.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:03 - Quality assurance › Section 44:22:03:02 - Validation of information

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of assuring the quality of submitted data,
				  each reporting entity shall allow the department to inspect such parts of a
				  patient's medical records as are necessary to verify the accuracy and
				  completeness of submitted data. The SDCR shall make arrangements with facility
				  or provider for these audits with no fewer than 15 working days
				  notice.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:03 - Quality assurance › Section 44:22:03:03 - Performance of quality assurance edits

Current through Register Vol. 51, page 10, July 15, 2024
The department shall perform quality assurance edits on data
				  entered into the central cancer registry to ensure that all data is completely
				  and accurately recorded.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:04 - Confidentiality of reports and data › Section 44:22:04:01 - Duty to maintain confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
Information contained in the central cancer registry
				  constitutes medical research. Confidentiality of identifying data shall be
				  maintained in accordance with SDCL
				  34-14-1.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13,
					 34-14-1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:04 - Confidentiality of reports and data › Section 44:22:04:02 - Publication of data

Current through Register Vol. 51, page 10, July 15, 2024
Published information may not contain the name of an
				  individual who is or was the subject of a report of cancer submitted to the
				  department and may not contain an identifying number, mark, or description
				  which can be readily associated with an individual who is or was the subject of
				  a report of cancer submitted to the department. All published data must be
				  presented in such a statistical manner that no person can be identified. Data
				  existing in cells with zero counts shall be published as "0" and cells with
				  data counts of "1" or "2" shall be published as less than three individuals
				  except on a statewide basis. Except as provided in §
									44:22:05:01, published information
				  may not identify reporting entities in relation to cancer data or
				  statistics.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:04 - Confidentiality of reports and data › Section 44:22:04:03 - Data for research

Current through Register Vol. 51, page 10, July 15, 2024
The department may approve any applicant who submits written
				  application to obtain access to case-specific data or case-specific and
				  patient-identifying data to assist in the applicant's research for cancer
				  prevention, control, and treatment in order to reduce morbidity and mortality
				  as described in SDCL
				  34-14-1. The applicant shall
				  certify that:
(1) The applicant is a
				qualified researcher sponsored by a public or private college or university,
				governmental entity, non-profit medical, sociological or psychological
				association, or pharmaceutical industry;
(2) The data requested will be used for
				scientific or medical research for the prevention, cure, or control of cancer
				only;
(3) Disclosure of the
				information is necessary to accomplish the purposes of the research;
(4) The research project has been reviewed
				and approved by an institutional review board on the lists of registered
				Institutional Review Boards or Independent Ethics Committees and approved
				Assurances of the Office for Human Research Protections, U.S. Department of
				Health and Human Services;
(5) No
				patient, or patient's relatives or friends, will be contacted without prior
				approval of the patient's physician in accordance with SDCL
				34-14-5;
(6) The applicant will maintain the
				confidentiality and security of the data obtained by establishing adequate
				safeguards;
(7) The applicant will
				comply with all federal and state laws, and department guidelines regarding
				release of data with identifying information and with de-identified
				information;
(8) The applicant
				agrees to pay the department reasonable costs of data retrieval and data
				processing as determined and billed by the department; and
(9) The applicant will provide the results of
				the research to the department at no cost and not publish the results until two
				months after submission to the department and that any publication will
				acknowledge the department and its central cancer registry.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13,
					 34-14-1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:22 - Cancer data collection › Chapter 44:22:05 - Information exchange › Section 44:22:05:01 - Requirement to prepare annual statistical summary

Current through Register Vol. 51, page 10, July 15, 2024
The department shall publish annual statistical summaries of
				  information contained in the central cancer registry. Annual summaries of data
				  may also be provided to any reporting entity, based on the data submitted by
				  the entities, upon request of the reporting entity. A reporting entity may not
				  be provided source-specific reports for data other than the entity's
				  own.
General Authority:
SDCL
					 1-43-13.
Law Implemented:
SDCL
					 1-43-11,
					 1-43-13.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:23 - Residential living centers › Chapter 44:23:01 - Registration of residential living centers › Section 44:23:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  34-12-32 have the same meaning in
				  this chapter. In addition, terms used in this chapter mean:
(1) "Daily living services," noninstitutional
				support services which allow persons to live and otherwise function as
				independently as practicable;
(2)
				"Department," the state department of health;
(3) "Disabled person," a person who is
				developmentally disabled or who is physically or mentally handicapped and who
				requires care or support to perform daily activities, such as bathing,
				dressing, cooking, eating, and house cleaning, or other support to compensate
				for the effects of his disability;
(4) "Elderly person," a person who is 65
				years of age or older;
(5)
				"Habilitative care," services to assist persons in acquiring and maintaining
				life skills and to raise, maintain, or support their levels of physical,
				mental, social, and vocational functioning;
(6) "Health care," medical services
				pertaining to diagnosis and treatment and to preventive, rehabilitative,
				restorative, and nursing care that are performed at the direction of a
				physician in behalf of injured, disabled, or sick persons by physicians,
				nurses, dentists, and other professional and technical health
				personnel;
(7) "Health care
				facility," as defined in SDCL
				34-12-1.1; and
(8) "Residential living center," the home,
				facility, or place of business required to be registered pursuant to SDCL
				34-12-32 and this
				chapter.
General Authority:
SDCL
					 34-12-32.
Law Implemented:
SDCL
					 34-12-32.
Definitions of developmental disability, SDCL
					 27B-1-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:23 - Residential living centers › Chapter 44:23:01 - Registration of residential living centers › Section 44:23:01:02 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter does not apply to health care facilities,
				  health-related institutions operated by the state of South Dakota, or
				  facilities for the elderly or disabled certified under Title XVIII or XIX of
				  the federal Social Security Act. This chapter does not apply to lodging
				  establishments licensed by the department pursuant to chapter 34-18 or
				  apartments in which only room or board, or both, are
				  furnished.
General Authority:
SDCL
					 34-12-32.
Law Implemented:
SDCL
					 34-12-32.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:23 - Residential living centers › Chapter 44:23:01 - Registration of residential living centers › Section 44:23:01:03 - Registration procedure and form

Current through Register Vol. 51, page 10, July 15, 2024
An owner or operator of a residential living center must
				  register with the department by January 1 each year using the form located in
				  Appendix A at the end of this chapter. An owner or operator of a new
				  residential living center must register before operating the
				  center.
General Authority:
SDCL
					 34-12-32.
Law Implemented:
SDCL
					 34-12-32.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:23 - Residential living centers › Chapter 44:23:01 - Registration of residential living centers › Section 44:23:01:04 - Separate registration for each address

Current through Register Vol. 51, page 10, July 15, 2024
A registration applies only to the home or facility at the
				  address listed in the registration. A separate registration is required for
				  each home or facility providing residential services under this article, and a
				  new registration is required if there is a change of address of a registered
				  residential living center.
A home or facility registered under SDCL
				  34-12-32 may not be approved as an
				  assisted living center or for any classification listed in
				  §44:04:01:02.
General Authority:
SDCL
					 34-12-32.
Law Implemented:
SDCL
					 34-12-32.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:23 - Residential living centers › Chapter 44:23:01 - Registration of residential living centers › Section 44:23:01:05 - Allowable services

Current through Register Vol. 51, page 10, July 15, 2024
A residential living center may offer room, meals, and daily
				  living services to elderly or disabled persons. A residential living center may
				  not furnish or offer health care or habilitative care to persons of any age.
				  Daily living services include the following:
(1) Assistance with eating, bathing, and
				dressing;
(2) Assistance with
				personal and household chores;
(3)
				Organized social and recreational activities;
(4) Transportation services;
(5) Assistance with the self-administration
				of medications;
(6) Monitoring of
				nutrition or health; and
(7)
				Protective supervision necessary to prevent posing a health or safety hazard to
				self or others.
General Authority:
SDCL
					 34-12-32.
Law Implemented:
SDCL
					 34-12-32.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:23 - Residential living centers › Chapter 44:23:01 - Registration of residential living centers › Appendix A - Registration Form for Residential Living Center

Current through Register Vol. 51, page 10, July 15, 2024
RESIDENTIAL LIVING CENTER
REGISTRATION FORM
SDCL
				  34-12-32 and ARSD chapter 44:23:01
				  require a residential living center which provides residential services to two
				  or more elderly or disabled persons to register annually with the state
				  department of health. The undersigned hereby registers the residential living
				  center described on this form.
I.
NAME AND LOCATION OF CENTER
Name of Center
				  __________________________________________________________________________
Address
				  ________________________________________________________________________________
(Street)
(City) (Zip Code)
Mailing Address (if
				  different)_______________________________________________________________
County__________________________________________________
				  Telephone______________________
II.
CONTROL OF CENTER
Owner(s) Name
				  __________________________________________________________________________
Owner(s) Address
				  ________________________________________________________________________
Operator(s) Name (if other than owner)
				  _______________________________________________________
Check below the one which applies:
[] Sole Proprietorship ? Partnership
[] Not-for-profit corporation ? For-profit corporation
[] Political Subdivision ? Other ______________
III.
CENTER CAPACITY AND
				SERVICES
Number of residential units in the Center:
				  ______________________________________________
Resident capacity of the Center:
				  ______________________________________________________
Number of residents currently residing in the Center:
				  _____________________________________
Number of residents disabled:
				  _______________________________________________________
Number of residents elderly:
				  ________________________________________________________
Residential services offered or furnished (Check all that
				  apply):
[] Room
[] Meals
[] Assistance with eating, bathing, and dressing
[] Assistance with personal and household chores
[] Organized social and recreational activities
[] Transportation services
[] Assistance with the self-administration of
				  medications
[] Monitoring of nutrition or health
[] Protective supervision
[]
				  Other_________________________________________________________
[]
				  Other_________________________________________________________
VI.
REGISTRANT
I verify the information contained in this registration form
				  is true and complete.
Signed___________________________________________________________
				  ____________________
Owner, operator, or other individual authorized to act on
				  behalf of center Date
Submit on or before April 15, 1992, and January 1 every
				  year thereafter to:
South Dakota Department of Health
Licensure and Certification Program
523 East Capitol Avenue
Pierre, SD 57501-3182
(form issued 3-92)
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:57 - Drug Abuse programs, Transferred to 44:14

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
The substance of chapters
				44:57:01, 44:57:03, 44:57:04, 44:57:05, 44:57:07, and 44:57:08 were transferred
				to chapters 44:14:21 to 44:14:45, inclusive, and chapter 44:57:06 was repealed
				effective May 8, 1986. Sections not transferred were
				repealed.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:01 - Definitions › Section 44:58:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words defined in SDCL
				  34-20B-1 have the same meaning
				  when used in this article. In addition, terms used in this article mean:
(1) "Act," the State Drugs and Substances
				Control Act, SDCL chapter 34-20 B;
(2) "Controlled premises," places where
				records required under the act are kept or places where persons registered
				under the act or exempted from registration under the act may lawfully hold,
				manufacture, distribute, dispense, administer, or otherwise dispose of
				controlled substances;
(3)
				"Department," the state Department of Health;
(4) "Division," the Division of Health
				Systems Development and Regulation of the Department of Health;
(5) "Drug Enforcement Administration" or
				"DEA," the United States Department of Justice, Drug Enforcement
				Administration, or its successor agency;
(6) "Hearing," a hearing held pursuant to
				this article for the granting, denial, revocation, or suspension of a
				registration pursuant to §§
									44:58:04:02,
				44:58:04:05, and 44:58:04:07 to
				44:58:04:09, inclusive;
(7)
				"Individual practitioner," a physician, dentist, veterinarian, optometrist,
				nurse practitioner, nurse midwife, physician's assistant, or podiatrist
				licensed by the state of South Dakota or the United States to practice, who is
				registered or exempt from registration with the division to dispense,
				administer, or prescribe controlled substances in the course of
				practice;
(8) "Institutional
				practitioner," a hospital or other institutional employee who is licensed,
				registered, or otherwise permitted by the state of South Dakota or the United
				States, to dispense, distribute, or administer a controlled substance in the
				course of practice;
(9) "Long-term
				care facility (LTCF)," a nursing facility, retirement care, mental care, or
				other facility or institution which provides extended health care to
				residents;
(10) "Pharmacist," a
				pharmacist licensed by the state of South Dakota to dispense controlled
				substances or a pharmacist intern, authorized by the state, who is under the
				immediate and personal supervision of a pharmacist;
(11) "Prescription," an order for medication
				which is dispensed to or for an ultimate user;
(12) "Register" and "registration," the
				registration required and permitted by SDCL
				34-20B-29 to
				34-20B-37, inclusive;
(13) "Registrant," a person who is registered
				pursuant to SDCL
				34-20B-29 to
				34-20B-37, inclusive;
(14) "Research protocol," a detailed
				description of each research project being initiated; and
(15) "Secretary," the secretary of health or
				a person appointed by the secretary to act on the secretary's behalf.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-10 to
					 34-20B-26,
					 34-20B-28 to
					 34-20B-37,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:02 - Requirements of registration › Section 44:58:02:20 - Activities requiring separate registration

Current through Register Vol. 51, page 10, July 15, 2024
Each of the following groups of activities is independent of
				  the others and shall be conducted under separate registrations:
(1) Manufacturing and distributing controlled
				substances;
(2) Dispensing
				controlled substances listed in Schedule II through IV;
(3) Conducting research and instructional
				activities with controlled substances listed in Schedule II through
				IV;
(4) Conducting research and
				instructional activities with controlled substances listed in Schedule I;
				and
(5) Conducting chemical
				analysis of controlled substances listed in any schedule.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:02 - Requirements of registration › Section 44:58:02:21 - Activities covered by single registration

Current through Register Vol. 51, page 10, July 15, 2024
Each of the following groups of activities may be conducted
				  under a single registration:
(1) A
				person registered to manufacture controlled substances listed in Schedules II
				through IV is also authorized to conduct chemical analysis and research with
				controlled substances listed in the schedules which the person is authorized to
				manufacture;
(2) A practitioner
				registered to prescribe or dispense controlled substances listed in Schedules
				II through IV is also authorized to conduct instructional activities with those
				substances. The person is authorized to distribute up to five percent of those
				controlled substances to other persons registered to prescribe, dispense, or
				distribute controlled substances;
(3) A person registered or authorized to
				conduct research with controlled substances listed in Schedules II through IV
				is also authorized to conduct chemical analysis with substances listed in the
				schedules with which the person is authorized to conduct research; to
				manufacture the substances set forth in the statement filed with the person's
				application for registration; to distribute the substances to other persons
				registered or authorized to conduct chemical analysis, research or
				instructional activities with the substances; and to conduct instructional
				activities with controlled substances;
(4) A person registered to conduct research
				with controlled substances listed in Schedule I is also authorized to
				manufacture the substances set forth in the research protocol filed with the
				person's application for registration. The person is also authorized to
				distribute the substances to other persons registered to conduct research with
				Schedule I substances; and
(5) A
				person registered to conduct chemical analysis with controlled substances is
				also authorized to manufacture and import such substances for analytical or
				instructional purposes; to distribute such substances to other persons
				registered to conduct chemical analysis, research or instructional activities
				with the substances; and to conduct instructional activities with controlled
				substances.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:02 - Requirements of registration › Section 44:58:02:22 - Waiver of registration

Current through Register Vol. 51, page 10, July 15, 2024
Registration is not required for the following persons in the
				  circumstances described:
(1) An
				individual practitioner who is an agent of another practitioner registered to
				dispense controlled substances who, when acting in the usual course of
				employment, administers and dispenses but does not prescribe a controlled
				substance if permitted to do so by the jurisdiction in which the individual
				practices;
(2) An institutional
				practitioner who dispenses, administers, and prescribes controlled substances
				under the registration of the hospital or other institution by which the
				practitioner is employed, provided the following requirements are met:
(a) The dispensing, administering, or
				prescribing is done in the usual course of professional practice;
(b) The employing hospital or other
				institution authorizes the practitioner to dispense, administer, or prescribe
				under its registration and designates a specific method for identifying an
				individual so authorized; and
(c) A
				current list of the institutional practitioners is kept by the hospital or
				other institution and is made available to the public upon request for the
				purpose of verifying the authority of the prescribing institutional
				practitioner;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:02 - Requirements of registration › Section 44:58:02:23 - Compliancy requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each registrant shall comply with Title 21 Code of Federal
				  Regulations (CFR) part 1300 to end as of April 2005.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
Title 21 Code of Federal Regulations (CFR) 1300 to end.
					 Copies may be obtained from the Superintendent of Documents, Attn: New Orders,
					 P.O. Box 371954, Pittsburg, Pennsylvania 15250-7954. Phone: 1-866-512 -1800.
					 Cost: $22.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:03 - Applications for registration › Section 44:58:03:01 - Registration required - Expiration date

Current through Register Vol. 51, page 10, July 15, 2024
A person required to register may not engage in any activity
				  which requires registration until the registration is granted and a certificate
				  is issued by the secretary. The expiration date of the registration coincides
				  with the expiration date of the person's DEA registration.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:03 - Applications for registration › Section 44:58:03:02 - Application forms - Contents

Current through Register Vol. 51, page 10, July 15, 2024
An application shall contain the person's name; signature;
				  full address; professional license number; type of professional practice; a
				  statement related to conviction of a felony under state or federal law; and a
				  statement related to the denial, revocation, or surrender of a professional
				  license or registration to handle controlled substances. Applications to
				  conduct research and instructional activities with controlled substances as
				  covered by subdivisions 44:58:02:20(3) and (4) shall include evidence of a
				  valid DEA registration to conduct such research and a copy of the research
				  protocol or a statement describing the instructional activities. Applications
				  to manufacture controlled substances listed in Schedule II shall include
				  evidence of a valid DEA registration to manufacture the
				  substances.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29,
					 34-20B-35 to
					 34-20B-37,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:03 - Applications for registration › Section 44:58:03:02.01 - Registration fee

Current through Register Vol. 51, page 10, July 15, 2024
Each registrant shall pay a registration fee at the time of
				  initial registration or at renewal of registration. Registration fees are
				  non-refundable and may not be prorated. The registration fees are as
				  follows:
(1) $150 for any dentist,
				medical doctor, optometrist, osteopathic doctor, pharmacy, veterinarian, or
				podiatrist;
(2) $150 for any nurse
				practitioner, nurse midwife, or physician assistant;
(3) $75 for any manufacturer, distributor,
				analytical lab, euthanasia, teaching institution, or researcher (including any
				drug detection dog trainer); and
(4) $75 for any locum tenens
				certificate.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:03 - Applications for registration › Section 44:58:03:03 - Procedure for reregistration

Current through Register Vol. 51, page 10, July 15, 2024
A person registered under §
									44:58:02:20 shall apply for
				  reregistration in writing to the secretary not more than 60 days before the
				  expiration date of the person's current registration.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:03 - Applications for registration › Section 44:58:03:09 - Additional information - Noncompliance with request

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may require an applicant to submit documents
				  relevant to the application to determine if registration should be granted. The
				  failure of the applicant to provide such documents within 15 days after the
				  request is considered a waiver by the applicant of the opportunity to present
				  such documents. Upon request, the secretary may extend the time for good
				  cause.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:04 - Action on applications › Section 44:58:04:01 - Review of applications

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall review the application for registration
				  and other information regarding an applicant to determine that applicable
				  standards are met.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29,
					 34-20B-35 to
					 34-20B-37,
					 34-20B-40.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:04 - Action on applications › Section 44:58:04:02 - Issuance of certificate of registration - Denial of registration

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall issue a certificate of registration after
				  reviewing the application and finding the information in compliance with this
				  chapter and SDCL 34-20B. The secretary shall issue an order when denying an
				  application and, if requested by the applicant, hold a hearing on the
				  application denial pursuant to SDCL 1-26.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29 to
					 34-20B-37.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:04 - Action on applications › Section 44:58:04:03 - Information contained on certificate

Current through Register Vol. 51, page 10, July 15, 2024
The certificate of registration shall contain the name,
				  address, registration number of the registrant, any applicable federal
				  registration numbers, the activity authorized by the registration, the
				  schedules of controlled substances which the registrant is authorized to
				  handle, and the expiration date of the registration.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:04 - Action on applications › Section 44:58:04:04 - Location of the certificate

Current through Register Vol. 51, page 10, July 15, 2024
The registrant shall conspicuously place the certificate at
				  the registered location and shall permit inspection of the certificate and
				  registered premises by any official of the division or other state or local
				  agency engaged in enforcement of laws pertaining to controlled
				  substances.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-29,
					 34-20B-40,
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:04 - Action on applications › Section 44:58:04:05 - Suspension or revocation of registration

Current through Register Vol. 51, page 10, July 15, 2024
The department may suspend or revoke any registration issued
				  under the act as provided under SDCL 1-26.
The reasons for suspension or revocation shall include a
				  finding that the registrant has done one or more of the following:
(1) Has furnished false or fraudulent
				information in an application filed under the act;
(2) Has been convicted of a felony under any
				state or federal law relating to a controlled substance;
(3) Has had a federal registration to
				manufacture, distribute, or dispense controlled substances suspended, revoked,
				or allowed to expire;
(4) Has been
				the subject of disciplinary action taken by the registrant's respective
				licensing board for substance abuse, misuse of controlled substances, or
				violation of state law related to prescribing or dispensing controlled
				substances; or
(5) Has violated the
				requirements of the act or this article.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:04 - Action on applications › Section 44:58:04:07 - Requirements of registrant upon service of notice of automatic suspension, revocation, or suspension

Current through Register Vol. 51, page 10, July 15, 2024
Upon service of the notice of automatic suspension, notice of
				  revocation, or notice of suspension, the registrant shall immediately deliver
				  the certificate of registration to the secretary. As instructed by the
				  secretary, the registrant shall also deliver all controlled substances in the
				  registrant's possession to the secretary or to authorized agents of the
				  secretary or place all controlled substances in the registrant's possession
				  under seal, with a complete inventory of items on hand, and store the items to
				  preclude any further disposition of them without a court order until the time
				  for taking an appeal has elapsed or until all appeals have been
				  concluded.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
Events causing automatic suspension of registration,
					 §
											44:58:06:02.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:04 - Action on applications › Section 44:58:04:08 - Limited revocations or suspensions

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may limit revocation or suspension of a
				  registration to a particular schedule of controlled substance as circumstances
				  indicate. Action required under §
									44:58:04:05 is limited to the
				  schedule or schedules revoked.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:58 - Drug control › Chapter 44:58:04 - Action on applications › Section 44:58:04:09 - New certificate when limitation applied

Current through Register Vol. 51, page 10, July 15, 2024
If revocation or suspension is limited to a particular
				  schedule, the secretary shall issue the registrant a new certificate of
				  registration for all substances not affected. The registrant shall deliver the
				  old certificate of registration to the secretary.
General Authority:
SDCL
					 34-20B-41.
Law Implemented:
SDCL
					 34-20B-41.