reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:12 - Late filing of birth certificate

Current through Register Vol. 51, page 10, July 15, 2024
A late certificate of birth must be filed on the standard
				  certificate of live birth provided by the Department of Health. Such a
				  certificate may not be marked "Delayed." For a late certificate of birth to be
				  acceptable for filing, the Department of Health may require a hospital record
				  created at the time of birth.
General Authority:
SDCL
					 34-25-8.
Law Implemented:
SDCL
					 34-25-8.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:13 - Out-of-institution birth

Current through Register Vol. 51, page 10, July 15, 2024
If a birth occurs in this state outside a hospital or
				  institution and the birth certificate is filed within one year after birth, a
				  standard certificate of live birth must be completed at the office of the local
				  registrar or at the Department of Health vital records office by the individual
				  responsible for filing the certificate and filed with evidence as
				  follows:
(1) Evidence of pregnancy, as
				follows:
(a) A prenatal record from a
				licensed health care provider;
(b)
				A written statement from a physician or other licensed health care provider
				qualified to determine pregnancy;
(c) A record of a home visit by a public
				health nurse or other licensed health care provider; or
(d) Other evidence acceptable to the
				secretary of health;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:03 - Death registration and disinterment › Section 44:09:03:02 - Delayed registration of death

Current through Register Vol. 51, page 10, July 15, 2024
A death record registered pursuant to SDCL
				  34-25-42 shall be on a delayed
				  death record form prescribed by the Department of Health. The form shall be
				  completed and filed as follows:
(1) If
				the attending physician or coroner and the attending funeral director or person
				who acted as such are available to complete and sign the certificate of death,
				it may be completed without additional evidence and filed with the Department
				of Health; or
(2) In the absence of
				the attending physician or coroner and the funeral director or person who acted
				as such, the certificate may be filed by another person having knowledge of the
				facts and shall be accompanied by two documents that establish the identity of
				the deceased person. Any such document shall include, as a minimum, the date of
				death, name, age, and place of death.
In any case, the Department of Health may require additional
				  documentary evidence to prove the facts of death. The Department of Health
				  shall retain a summary statement of the evidence submitted in support of the
				  delayed registration.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:03 - Death registration and disinterment › Section 44:09:03:04 - Disinterment permits

Current through Register Vol. 51, page 10, July 15, 2024
Upon issuance of a disinterment permit by the Department of
				  Health, the department shall notify in writing the affected cemetery board of
				  directors or board of county commissioners. The notice must be postmarked no
				  later than two business days after receipt of the application for a
				  disinterment permit with all required signatures.
General Authority:
SDCL
					 34-25-38.
Law Implemented:
SDCL
					 34-25-38,
					 34-25-38.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:01 - Records to be marked amended

Current through Register Vol. 51, page 10, July 15, 2024
Any record amended under this chapter shall be marked amended
				  unless otherwise specified by statute or in this chapter. The date of amendment
				  shall be endorsed on the record.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:02 - Requirements for amending vital records

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise provided in this chapter or in statute, the
				  Department of Health shall make all amendments to vital records. The following
				  information is required:
(1) An
				affidavit of correction setting forth the following:
(a) Information to identify the
				certificate;
(b) The incorrect data
				as it is listed on the certificate; and
(c) The correct data as it should appear;
				or
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:03 - Documentary evidence required for amending records

Current through Register Vol. 51, page 10, July 15, 2024
Amendments more than one year after the date of the event
				  except as noted in §
									44:09:05:06 shall be supported by
				  one or more items of documentary evidence that supports the alleged
				  facts.
Any document presented as evidence for amending a vital
				  record, such as census, hospital, church, and school records, must be in the
				  form of the original record, a certified copy, an authenticated copy, or a
				  signed statement from the custodian of the record or document. An affidavit of
				  personal knowledge may not be used to amend a vital record.
Any document submitted in evidence for persons seven years of
				  age and older must be dated at least seven years before the date of application
				  or within three years after the date of birth. For persons under seven years of
				  age, a document must be dated at least one year before the date of application
				  or within the first year of life.
If reason is found to question the validity or adequacy of
				  the documentary evidence, the request for amendment shall be rejected and the
				  applicant shall be advised of the right to an administrative hearing and
				  judicial review.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
Procedure for administrative hearings and judicial review,
					 SDCL 1-26-16 to
					 1-26-37.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:04 - Who may request an amendment

Current through Register Vol. 51, page 10, July 15, 2024
A birth certificate may be amended upon the request of the
				  registrant if of legal age, one of the parents, the guardian, or the individual
				  responsible for filing the certificate. Any item in the statistical portion of
				  the birth certificate, however, may be amended only upon receipt of oral or
				  written notification of an error from the person responsible for the completion
				  of the items. Any item amended in the statistical portion of the birth
				  certificate may not be marked amended.
A death certificate may be amended upon the request of the
				  next of kin, the funeral director, or the person acting as the funeral
				  director. Any item in the medical certification or any item of a medical nature
				  may be amended only upon receipt of an affidavit from the attending licensed
				  physician or from the county coroner who assumes jurisdiction over the decedent
				  pursuant to SDCL
				  23-14-18. If an amendment is made
				  by a county coroner, the county coroner shall specify in the affidavit the
				  subdivisions in SDCL
				  23-14-18, regarding deaths in the
				  public interest, under which the coroner assumes jurisdiction over the decedent
				  and evidence of consultation with a licensed physician unless the coroner is a
				  licensed physician. The Department of Health may require documentary evidence
				  to substantiate any requested amendment. The department shall give notice of
				  the amendment to the physician who made the original medical
				  certification.
A marriage record may be amended upon the request of either
				  of the registrants, the individual who solemnized the marriage, the local
				  registrar filing the marriage, or a legal representative acting on behalf of
				  one of the registrants. Any item in the "Information for Statistical Purposes
				  Only" section of the marriage record may be amended by oral or written
				  notification of an error from the person responsible for the completion of the
				  items. No item amended in the "Information for Statistical Purposes Only"
				  section may be marked amended.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:05 - Amendment of given names on birth certificates within the first year

Current through Register Vol. 51, page 10, July 15, 2024
Until the registrant's first birthday, any given name may be
				  amended by an affidavit signed by both parents or by one of the
				  following:
(1) The mother in the case
				of a child born out of wedlock;
(2)
				The father in the case of the death or incapacity of the mother;
(3) The mother in the case of the death or
				incapacity of the father; or
(4)
				The guardian having legal custody of the registrant.
After the first birthday, documentary evidence shall be
				  submitted to substantiate the amendment.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:06 - Addition of given names on birth certificate

Current through Register Vol. 51, page 10, July 15, 2024
Until the registrant's first birthday, any given name for a
				  child whose birth was recorded without a given name may be added to the
				  certificate by an affidavit signed by both parents or by one of the
				  following:
(1) The mother in the case
				of a child born out of wedlock;
(2)
				The father in the case of the death or incapacity of the mother;
(3) The mother in the case of the death or
				incapacity of the father; or
(4)
				The guardian or agency having legal custody of the registrant.
After the first birthday, documentary evidence shall be
				  submitted to substantiate the name being added.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:08 - Amendment of the same item more than once

Current through Register Vol. 51, page 10, July 15, 2024
Once an amendment by affidavit or court order has been made
				  of an item on a vital record, that item shall not be amended again unless a
				  court order is received from a court of competent
				  jurisdiction.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:09 - Method of amending certificates

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health may amend a vital record in the
				  following manner:
(1) Completing the
				item in any case where the item was left blank on the existing
				certificate;
(2) Drawing a single
				line through the item to be amended and inserting the correct data. The line
				drawn through the original entry must not obliterate the entry;
(3) Changing a record maintained in an
				electronic file. The date of the amendment must be made a part of the record
				and the original information must also be retained;
(4) Creating a new certificate when so
				ordered by a court of competent jurisdiction. The certificate may not be marked
				as amended; or
(5) Preparing a new
				certificate showing the correct information when the state registrar considers
				that the nature of the amendment so requires.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:10 - Fee for preparing new birth certificate after adoption

Current through Register Vol. 51, page 10, July 15, 2024
The fee for locating an original birth record and preparing a
				  new birth certificate following adoption is $15.
General Authority:
SDCL
					 34-25-16.1.
Law Implemented:
SDCL
					 34-25-16.1.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:11 - Dismissal of amendment applications after one year

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health may dismiss any application for
				  amending a vital record that has not been completed within one year from the
				  date of application.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:05 - Amendment of records › Section 44:09:05:12 - Amendment of surnames on vital records after one year

Current through Register Vol. 51, page 10, July 15, 2024
Any amendment to a surname made within the first year after
				  the event occurred may be amended by affidavit unless that surname was placed
				  on the record using a paternity, adoption, or other court order. Any amendment
				  to a surname on a vital record made a year or more after the event occurred
				  requires an order from a court of competent jurisdiction unless the amendment
				  makes a minor spelling correction.
General Authority:
SDCL
					 34-25-51.
Law Implemented:
SDCL
					 34-25-51.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:06 - Disclosure of information › Section 44:09:06:02 - Fee for search, verification, or certified copy of vital records

Current through Register Vol. 51, page 10, July 15, 2024
The fees for any copy of a birth, death, fetal death,
				  marriage, or divorce record filed by the system of vital registration are as
				  follows:
(1) Birth record - each
				informational or certified copy, verification, or certified statement that a
				record is not filed, $13;
(2) Death
				or fetal death record - each informational or certified copy, verification, or
				certified statement that a record is not filed, $15;
(3) Marriage record - each informational or
				certified copy, verification, or certified statement that a record is not
				filed, $15;
(4) Divorce record -
				each informational or certified copy, verification, or certified statement that
				a record is not filed, $15.
Any copy of any vital record issued from the system of vital
				  registration may only be issued in the form of a certified or informational
				  copy except if a copy is being issued under SDCL
				  34-25-52.1. A copy issued pursuant
				  to that section shall be stamped for "Administrative Use
				  Only."
General Authority:
SDCL
					 34-25-52.
Law Implemented:
SDCL
					 34-25-52,
					 34-25-52.1.
Fees of register of deeds enumerated, SDCL
					 7-9-15; Additional fee charged for
					 copy of birth record -- Disposition, SDCL
					 34-25-52.2.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:06 - Disclosure of information › Section 44:09:06:02.01 - Fee for expedited services

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health or authorized local registrar shall
				  charge an additional fee of five dollars if the request for an informational or
				  certified copy of a vital record is made by telephone or internet and payment
				  is by credit card.
General Authority:
SDCL
					 34-25-52.
Law Implemented:
SDCL
					 34-25-52.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:06 - Disclosure of information › Section 44:09:06:04 - Application form requirements

Current through Register Vol. 51, page 10, July 15, 2024
To request a certified or informational copy of a vital
				  record, the applicant shall provide the following information on an application
				  form prescribed by the Department of Health or via a method that allows for
				  authentication of the requestor:
(1)
				Applicant's full name;
(2) Current
				home or business address;
(3)
				Signature of the applicant or electronic authentication;
(4) Current telephone number, if
				applicable;
(5) Type of vital
				record requested;
(6) For a
				certified copy only, a statement of the relationship of the applicant to the
				registrant;
(7) For a birth record
				only, the name of the record, the date of birth and the mother's maiden name,
				or enough information to locate the record; and
(8) For any death, marriage, or divorce
				record, enough information to locate the record.
General Authority:
SDCL
					 34-25-52.4.
Law Implemented:
SDCL
					 34-25-52.4.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:06 - Disclosure of information › Section 44:09:06:05 - Requirements for serving as a designated agent

Current through Register Vol. 51, page 10, July 15, 2024
A designated agent is established by a notarized statement,
				  signed by the individual who is to be represented by the designated agent, that
				  describes the authority being given to the designated agent to act on the
				  individual's behalf.
General Authority:
SDCL
					 34-25-52.4.
Law Implemented:
SDCL
					 34-25-52.4.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:06 - Disclosure of information › Section 44:09:06:06 - Application methods and requirements

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a certified or informational copy of a vital
				  record shall submit an application as provided in §
									44:09:06:04 to the Department of
				  Health or authorized local registrar along with a government issued photo ID
				  that contains the applicant's signature or other proof of identity as deemed
				  acceptable by the state registrar. If the application is made in person, the
				  applicant shall complete an application and shall present a valid picture
				  identification. If the application is made via mail, the application shall be
				  notarized or the applicant shall provide a clear copy of a valid picture
				  identification. If the application is made via phone, the information from the
				  application shall be taken over the phone and the applicant shall fax a clear
				  copy of a valid picture identification or the identity of the individual shall
				  be authenticated by electronic means. If the application is made via the
				  internet, the information from the application shall be taken via the internet
				  and the identity of the individual authenticated by electronic
				  means.
General Authority:
SDCL
					 34-25-52.4.
Law Implemented:
SDCL
					 34-25-52.4.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:06 - Disclosure of information › Section 44:09:06:07 - Security requirements for certified copies of vital records

Current through Register Vol. 51, page 10, July 15, 2024
Each certified copy of a vital record issued from the vital
				  records system by the Department of Health or an authorized local registrar
				  shall:
(1) If issued from the
				electronic system, be issued on standard security paper as designated by the
				Department of Health. If it is not possible to issue the copy from the
				electronic system or the electronic copy does not contain all of the
				information needed by the applicant, a photostatic copy may be issued on plain
				paper;
(2) Contain the signature of
				the state registrar or authorized local registrar; and
(3) Contain a raised seal.
General Authority:
SDCL
					 34-25-52.4.
Law Implemented:
SDCL
					 34-25-52.4.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:06 - Disclosure of information › Section 44:09:06:08 - Security requirements for informational copies of vital records

Current through Register Vol. 51, page 10, July 15, 2024
An informational copy of a vital record issued from the vital
				  records system shall be issued electronically if possible from the electronic
				  system, unless a photostatic copy is specifically requested by the applicant.
				  Any informational copy issued by the Department of Health or an authorized
				  local registrar shall:
(1) Be issued
				on plain paper; and
(2) Be clearly
				marked "For information purposes only. Not legal proof of identification."
No informational copy may contain the seal or signature of
				  the issuing agent.
General Authority:
SDCL
					 34-25-52.4.
Law Implemented:
SDCL
					 34-25-52.4.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:07 - Delayed registration of marriage › Section 44:09:07:01 - Who may request delayed certificate of marriage

Current through Register Vol. 51, page 10, July 15, 2024
Any person married in South Dakota whose marriage is not
				  recorded, or the person's legal representative, may request the registration of
				  a delayed certificate of marriage from the Department of
				  Health.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:07 - Delayed registration of marriage › Section 44:09:07:02 - Delayed certificate of marriage record

Current through Register Vol. 51, page 10, July 15, 2024
Any person registering a marriage pursuant to SDCL
				  34-25-42 shall complete a delayed
				  certificate of marriage form prescribed by the Department of
				  Health.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:07 - Delayed registration of marriage › Section 44:09:07:03 - Facts to be established for a delayed certificate of marriage

Current through Register Vol. 51, page 10, July 15, 2024
To be acceptable for a delayed for registration, the
				  certificate of marriage must be supported by:
(1) A copy of the license or the application
				for license if the license was granted; and
(2) A signed statement from the official
				conducting the wedding ceremony or the custodian of the records of the official
				and from the two witnesses to the wedding ceremony indicating that a marriage
				ceremony was performed and the date and place of the marriage; or
(3) An order from a court of competent
				jurisdiction ordering a delayed certificate of marriage to be filed and
				providing the following information:
(a) Bride
				information:
(i) Name prior to
				marriage;
(ii) Date of birth;
				and
(iii) Residence city and
				county;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:07 - Delayed registration of marriage › Section 44:09:07:04 - Insufficient evidence

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant does not submit the documentation required by
				  §
									44:09:07:03 for a delayed
				  registration or if the Department of Health finds reason to question the
				  validity or adequacy of the statements or the documentary evidence, the delayed
				  certificate of marriage may not be filed. The applicant shall be advised of the
				  denial of the application and the right to an administrative hearing and
				  judicial review pursuant to SDCL chapter 1-26.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:07 - Delayed registration of marriage › Section 44:09:07:05 - Certifying to facts on delayed marriage certificate

Current through Register Vol. 51, page 10, July 15, 2024
Unless the delayed certificate of marriage was established by
				  court order, each delayed certificate of marriage shall be signed and sworn to
				  before an official authorized to administer oaths by the persons whose marriage
				  is to be registered or a legal representative acting for the
				  registrant.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:07 - Delayed registration of marriage › Section 44:09:07:06 - Dismissal of delayed marriage application after one year

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health may dismiss any application for a
				  delayed certificate of marriage that has not been completed within one year
				  from the date of application.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms used in this chapter mean:
(1) "Autoclave," a device for sterilization
				by steam, usably at 250 degrees Fahrenheit, for a specified length of time
				& determined by the manufacturer's instructions;
(2) "Communicable disease," a disease which
				is capable of being transmitted from person to person;
(3) "Department," the state Department of
				Health;
(4) "Disposable setup," a
				setup that consists of one liner tube, one shade tube, and a needle bar setup
				for the liner tube and the shade tube;
(5) "Minor," a person who is under the age of
				18 years;
(6) "Patron," a person
				who receives a tattoo or saline tattoo removal;
(7) "Permanent tattoo establishment," a
				building where tattooing is practiced on a year-round basis;
(8) "Saline tattoo removal," inserting a
				saline solution in skin to lighten or remove an existing tattoo. The term does
				not include the use of other acids or of lasers as described in SDCL
				36-4-8.2;
(9) "Saline tattoo removal area," within a
				saline tattoo removal establishment the immediate vicinity where saline tattoo
				removal is performed;
(10) "Saline
				tattoo removal artist," a person engaged in the practice of saline tattoo
				removal;
(11) "Saline tattoo
				removal establishment, building or structure where saline tattoo removal is
				practiced;
(12) "Tattoo artist,"
				person engaged in the practice of tattooing or microblading, or both;
(13) "Tattoo establishment," the building or
				structure where tattooing is practiced;
(14) "Tattooing," to make marks or designs
				into the skin by puncturing it and inserting indelible colors. Tattooing
				includes microblading and similar techniques used to partially or fully
				simulate natural hair;
(15)
				"Tattooing area," within a tattoo establishment, the immediate vicinity where
				tattooing is performed;
(16)
				"Temporary tattoo establishment," a building or structure where tattooing is
				practiced for not more than 30 days.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:02 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The standards in this article apply to both temporary and
				  permanent tattoo and saline tattoo removal establishments.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:03 - Tattoo and saline tattoo removal establishments -General provisions

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal establishment shall be a
				  minimum of 60 square feet for one tattoo artist or saline tattoo removal artist
				  and 40 square feet for each additional artist. A tattoo establishment or saline
				  tattoo removal establishment shall be enclosed and physically separated by
				  solid partitions at least seven feet high or walls extending from floor to
				  ceiling from facilities used for practices other than tattooing, saline tattoo
				  removal and body piercing. Floors and walls shall be smooth, easily cleanable,
				  nonabsorbent, and in good repair. Ceilings above the area shall be smooth,
				  easily cleanable, and in good repair. A minimum of 30 foot-candles of light
				  shall be provided for applying the tattoo or performing saline tattoo removal
				  and a minimum of 10 foot-candles for general lighting.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:04 - Tattoo and saline tattoo removal establishments - Handwashing facility required

Current through Register Vol. 51, page 10, July 15, 2024
An easily accessible handwashing facility supplied with
				  warm, potable; running water shall be provided in or directly adjacent to the
				  tattooing or saline tattoo removal area. Each handwashing facility shall be
				  provided with liquid soap and single-use paper towels or a commercial hand
				  dryer.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:05 - Tattoo and saline tattoo removal establishments - Toilet facilities

Current through Register Vol. 51, page 10, July 15, 2024
Toilet facilities must be available for employee or patron
				  use.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:06 - Tattoo and saline tattoo removal establishments - General-use equipment

Current through Register Vol. 51, page 10, July 15, 2024
Tables, chairs, and other general-use equipment must be
				  constructed of plastic, metal with enamel or porcelain coating, or stainless
				  steel. General-use equipment must be maintained in an easily cleanable
				  condition. Covered waste containers with single-use plastic liners must be
				  provided.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:07 - Tattoo and saline tattoo removal establishments - Animal prohibited - Restricted activities

Current through Register Vol. 51, page 10, July 15, 2024
Animals other than service animals are prohibited in tattoo
				  or saline tattoo removal establishments. Smoking, eating, and drinking are
				  prohibited within 10 feet of the tattooing or saline tattoo removal-area. No
				  tattoo or saline tattoo removal establishment may be used for any activity that
				  is not directly associated with the practice of tattooing, saline tattoo
				  removal or body piercing.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:08 - Tattoo and saline tattoo removal establishments - Maintenance

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal establishment must be
				  maintained in a clean, sanitary, vermin-free condition and in good
				  repair.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:09 - Tattoo and saline tattoo removal establishments - Inspection

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal establishment must be
				  inspected at least annually to determine compliance with this
				  chapter.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:10 - Required equipment for tattoo and saline tattoo removal establishments

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal establishment shall be
				  equipped with a steam pressure autoclave capable of producing 15 pound pressure
				  per square inch for the time specified in the manufacturer's user manual. The
				  autoclave shall have an internal heat source, a temperature gauge with a sensor
				  for the exhaust, a fissure gauge, and an operational safety valve. If the
				  establishment uses only single use, pre-sterilized, disposable instruments and
				  products, an autoclave is not required.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:11 - Required equipment for tattoo and saline tattoo removal artists - Reusable equipment

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal artist using reusable
				  equipment shall have the following equipment:
(1) Twenty-five liner tubes of whatever style
				and design preferred in sealed sterile envelopes;
(2) Twenty-five shader tubes of whatever
				style and design preferred in sealed sterile envelopes;
(3) Fifty needle bar setups with needles
				attached in sieved sterile envelopes;
(4) Five hundred disposable pigment
				containers; saline tattoo removal artists only providing saline tattoo removal
				services are not required to have equipment for pigments;
(5) Three hundred disposable latex or vinyl
				examination gloves;
(6) One gallon
				each of germicidal soap, isopropyl alcohol, and distilled water for prepping
				skin
(7) Access to the applicable
				sterilization and sanitization measures in this chapter;
(8) Closed dustproff containers for the
				exclusive storage of instruments, dyes, pigments, stencils, and other
				equipment;
(9) Gauze and bandages;
				and
(10) Autoclave.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:11.01 - Required equipment for tattoo artists - Single use disposable equipment

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo artist using disposable equipment shall have the
				  following equipment:
(1) Two hundred
				and fifty disposable setups for temporary tattoo establishments;
(2) One hundred disposable setups for a
				permanent establishment;
(3) Five
				hundred disposable pigment containers;
(4) Three hundred disposable latex or vinyl
				examination gloves;
(5) One gallon
				each of germicidal soap, isopropyl alcohol, and distilled water for prepping
				skin;
(6) Access to the applicable
				sterilization and sanitization measures in this chapter;
(7) Closed dustproof containers for the
				exclusive storage of instruments, dyes, pigments, stencils, and other
				equipment; and
(8) Gauze and
				bandages.
All single-use products used shall be discarded after they
				  are used.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:12 - Tattoo and saline tattoo removal artist - Restricted activities

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal artist may not engage in
				  the practice of tattooing or saline tattoo removal while under the influence of
				  alcohol or other mind-altering drugs. A minor is prohibited from the practice
				  of tattooing or saline tattoo removal. An artist shall take precautions to
				  prevent disease transmission to the patron. The skin of the artist shall be
				  free of rash or infection. No person or artist affected with a boil, infected
				  wound, open sore, abrasion, weeping skin lesion, or acute respiratory infection
				  shall work in an area of a tattoo or saline tattoo removal establishment in
				  which there is a likelihood of contaminating equipment, supplies, or working
				  surfaces. An artist shall wear clean, laundered clothing and shall wear a clean
				  outer garment coverup while tattooing.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:13 - Tattoo and saline tattoo removal artist - Patrons restricted - Notice posted

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal artist may not provide
				  services to a patron without first obtaining a signed consent. An artist may
				  not provide services to a patron with evident skin lesion or skin infection or
				  who is known or suspected to have an infectious or contagious disease in a
				  communicable stage. No artist may provide services to a patron who is under the
				  influence of alcohol or other mind-altering drugs.
A minor may riot be tabooed or have a tattoo removed unless
				  the minor's parents or legal guardian have signed a consent form authorizing
				  the tattoo or tattoo removal.
A tattoo or saline tattoo removal artist shall conspicuously
				  post a notice stating that it is illegal to tattoo or remove a tattoo any
				  person under the age of 18 without the parents' or legal guardian's signed
				  consent.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
Tattooing minor without parental consent as misdemeanor,
					 SDCL 26-10-19.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:14 - Communicable disease reporting

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal artist shall report within
				  three days to the department any known or suspected communicable disease
				  associated with the practice of tattooing or saline tattoo removal. A report
				  may be filed during normal business hours by a toll-free report line at
				  1-800-592 -1861 or 605-773-3 |737; by a fax at 605-773-5509; or by a secure
				  website at
https://apps.sd.gov/PH93Morbidity/secure/index.aspx
.
				  A report may be filed after normal business hours for a Category I disease by
				  calling 605-773-3737 or 1-800-592 -1861.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
Mandatory communicable disease reports from physicians,
					 laboratories and institutions -- State tuberculosis register - Surveillance and
					 control - Adoption of rules, SDCL
					 34-22-12.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:15 - Record of patrons

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal artist shall keep a record
				  of each patron which includes name, address, age, consent form, the locations,
				  and description of tattoos. This record shall be available for inspection and
				  kept for a period of at least two years.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:16 - Sterilization methods

Current through Register Vol. 51, page 10, July 15, 2024
Equipment requiring sterilization shall be sterilized by
				  using the method of steam pressure sterilization with at feast 15 pounds of
				  pressure per square inch at a temperature of 250 degrees Fahrenheit in an
				  autoclave for the length of time as instructed in the manufacturer's
				  operational manual. This shall be citified by a chemical indicator which is
				  attached to the autoclave bag and turns color when the required temperature has
				  been reached. A tattoo or saline tattoo removal establishment owner or operator
				  shall provide lab result slips that state that each autoclave has been
				  bacteriologically tested monthly with commercially prepared packets of
Bacillus stearotherphilus
or another
Bacillus
species and has passed the test. These lab result slips shall be available for
				  inspection and kept for at least one year. Dry heat is not an acceptable method
				  of sterilization for the purpose of this article.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:17 - Sterile equipment - Packaging and storage

Current through Register Vol. 51, page 10, July 15, 2024
All sterile equipment and supplies shall be stored in a
				  closed dustproof container in such a manner as to prevent being contaminated.
				  All needles and tubes shall be packaged prior to autoclaving either
				  individually or in quantities for individual tattoos. Autoclave packages shall
				  be constructed so that the contents are visible without opening the package.
				  Autoclave packages containing equipment that has been autoclaved shall be dated
				  with an expiration date. The expiration date may not exceed 30 days from the
				  date autoclaved. Sterile equipment may not be used after the expiration date
				  without being resterilized. Commercially available individually packaged
				  sterilized equipment may be used within the manufacturer's expiration
				  date.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:18 - Needle construction - Sterilization required

Current through Register Vol. 51, page 10, July 15, 2024
All needles must be either stainless steel or nickel-plated
				  carbon steel. Needles may be soldered to stainless steel bars using a
				  silver-bearing solder. Lead bearings older may not be used in this process.
				  Needles are a single-service item and must be thoroughly cleaned and Sterilized
				  between patrons. Rusty or faulty needles may not be used for tattoing or saline
				  tatto removal.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:19 - Tube construction - Sterilization required

Current through Register Vol. 51, page 10, July 15, 2024
Each reusable tube, including the grips on the tube, shall
				  be either stainless steel, nickel-plated carbon steel, or Lexan. The grips may
				  also be constructed of anodized aluminum. Lead-bearing solder may not be used
				  in the construction of the tube. Each tube shall be thoroughly cleaned and
				  sterilized between patrons.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:20 - Tattoo and saline tattoo removal machine sanitation

Current through Register Vol. 51, page 10, July 15, 2024
A tattoo or saline tattoo removal machine shall be stored in
				  a manner that prevents contamination. The open end of the machine shall be
				  cleaned and sanitized with an approved sanitizer before each use. See Appendix
				  B at the end of this article for a listing of approved sanitizing
				  solutions.
General Authority
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:21 - Razor requirements

Current through Register Vol. 51, page 10, July 15, 2024
Razors must be disposable single-use-only. Single-use razors
				  may be used for one patron only and must then be discarded.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:12 - Tattooing and body piercing › Chapter 44:12:01 - Minimum sanitation standards for tattooing › Section 44:12:01:22 - General-use equipment - Sanitization required

Current through Register Vol. 51, page 10, July 15, 2024
All surfaces, counters, and general-use equipment in the
				  tattooing or saline tattoo removal area must be cleaned and sanitized before a
				  patron is seated. See Appendix B at the end of this article for a listing of
				  approved sanitizing solutions.
General Authority:
SDCL
					 34-1-17(8).
Law Implemented:
SDCL
					 9-34-17,
					 34-1-17(8).