South Dakota Administrative Code

Rule 44:12:02:12 Control of infectious disease. 44:12:02:12. Control of infectious disease. A body piercing artist shall take precautions to prevent disease transmission to the patron. The skin of the body piercing artist shall be free of rash or infection. No person or artist af…

Rule 44:12:02:13 Consent of patron required. 44:12:02:13. Consent of patron required. A body piercing artist may not pierce the body of a patron without first obtaining a signed consent. A body piercing artist may not pierce the body of a patron with an evident skin lesion or ski…

Rule 44:12:02:14 Communicable disease reporting. 44:12:02:14. Communicable disease reporting. A body piercing artist shall report within three days to the department any known or suspected communicable disease associated with the practice of body piercing. A body piercing artist …

Rule 44:12:02:14.01 Record of patrons. 44:12:02:14.01. Record of patrons. An artist shall keep a record of each patron which includes name, address, age, consent form with medical inquiry, the locations, and description of piercings. This record shall be available for inspection …

Rule 44:12:02:15 Equipment requiring sterilization. 44:12:02:15. Equipment requiring sterilization. Any body piercing equipment, such as forceps, insertion tapers, or needle holders, that is used by more than one patron must be sterilized after each use. Source: 22 SDR 16, effect…

Rule 44:12:02:16 Needle construction -- Sterilization required. 44:12:02:16. Needle construction -- Sterilization required. All needles must be either stainless steel or nickel-plated carbon steel. Needles must be individually packaged and autoclaved before use. Needles are singl…

Rule 44:12:02:17 Sterilization methods. 44:12:02:17. Sterilization methods. Equipment requiring sterilization shall be sterilized by using the method of steam pressure sterilization with at least 15 pounds of pressure per square inch at a temperature of 250 degrees Fahrenheit in …

Rule 44:12:02:18 Sterile equipment -- Packaging and storage. 44:12:02:18. Sterile equipment -- Packaging and storage. All sterile equipment and supplies shall be stored in a closed dustproof container in a manner that prevents contamination. All needles and jewelry shall be indiv…

Rule 44:12:02:19 Razor requirements. 44:12:02:19. Razor requirements. A razor may be used for one patron only and must then be discarded. Source: 22 SDR 16, effective August 14, 1995. General Authority:SDCL 34-1-17(8). Law Implemented:SDCL 9-34-17, 34-1-17(8).

Rule 44:12:02:20 General-use equipment -- Sanitization required. 44:12:02:20. General-use equipment -- Sanitization required. All surfaces, counters, and general-use equipment in the body piercing area must be cleaned and sanitized before a patron is seated. To ensure a sterile o…

Rule 44:12:02:21 Linen cleaning and storage. 44:12:02:21. Linen cleaning and storage. Cloth towels, robes, and similar items used in conjunction with body piercing must be laundered in a washing machine with hot water, laundry detergent, and chlorine bleach between uses. A closed…

Rule 44:12:02:22 Hygienic practices -- Gloves required. 44:12:02:22. Hygienic practices -- Gloves required. A body piercing artist shall use antiseptic techniques at all times during the practice of body piercing. A body piercing artist shall thoroughly scrub the hands with liqui…

Rule 44:12:02:23 Skin preparation. 44:12:02:23. Skin preparation. The skin area to be body pierced must be shaved, if needed, and must be washed with germicidal soap and water, rinsed, and dried. A single-use gauze pad or tissue may be used for washing the skin. Before body pierc…

Rule 44:12:02:24 Use of styptics. 44:12:02:24. Use of styptics. Styptics, if used to arrest bleeding, may be used only in liquid or powder form and must be applied with single use cotton swabs or gauze. Source: 22 SDR 16, effective August 14, 1995. General Authority:SDCL 34-1-17(…

Rule 44:12:02:25 Jewelry preparation. 44:12:02:25. Jewelry preparation. Jewelry or an insertion taper that has been autoclaved and never worn must be placed in a medical antibacterial prep soak for ten minutes and dried thoroughly before insertion. Jewelry previously worn by the …

Rule 44:12:02:26 Care instructions for body piercing. 44:12:02:26. Care instructions for body piercing. Upon completion of the body piercing, a body piercing artist must apply an antibacterial cleaner to the body piercing with a single-use cotton swab or gauze pad. The body pierc…

Rule 44:12:02:27 Care instructions for oral piercing. 44:12:02:27. Care instructions for oral piercing. The patron of oral piercing shall rinse the mouth with an antibacterial mouthwash containing no sugar or alcohol or with a hydrogen peroxide solution before the procedure. The …

Rule 44:12:02:28 Ear piercing. 44:12:02:28. Ear piercing. If ear piercing is conducted using individually packaged sterilized studs that are inserted using a commercial ear piercing gun and no other form of body piercing is provided, the body piercing artist is required only to n…

Rule 44:12:02:29 Use of ear piercing gun. 44:12:02:29. Use of ear piercing gun. An ear piercing gun may only be used to apply studs in a patron's ears, following manufacturer's instructions. The use of an ear piercing gun to apply a stud or any other jewelry to other areas of the…

Rule 44:12:02:30 Storage of soiled equipment. 44:12:02:30. Storage of soiled equipment. Upon completion of a body piercing, a body piercing artist must immerse any reusable equipment in a sanitizing solution, as identified in Appendix A at the end of this article, until it can be…

Rule 44:12:02:31 Disposal of contaminated products. 44:12:02:31. Disposal of contaminated products. Gauze, cotton swabs, or other single-use products which are contaminated with body fluids must be disposed of in impervious double plastic bags which are securely sealed. The trash…

Rule 44:12:02:32 Inspection fees. Inspection fees. 44:12:02:32. Inspection fees. A municipality that requests the department to conduct inspections of body piercing establishments shall remit $150 to the department for each inspection conducted. If the department conducts multipl…

Rule 44:18:01:01 Definitions. 44:18:01:01. Definitions. Terms defined in SDCL 58-41-1 and 58-41-2 have the same meaning in this chapter. In addition, terms used in this chapter mean: (1) "Emergency care," those professional health services immediately necessary to preserve life o…

Rule 44:18:01:02 Availability and accessibility. 44:18:01:02. Availability and accessibility. An application for a certificate of authority must demonstrate that the following availability and accessibility standards are met: (1) Comprehensive health maintenance services, as desc…

Rule 44:18:01:03 Quality of services. 44:18:01:03. Quality of services. The quality of health care provided by an HMO shall be evaluated by methods that include the following: (1) Provisions for meeting the standards of quality review set forth in the Social Security Amendments o…

Rule 44:18:01:04 Statistical reports. 44:18:01:04. Statistical reports. Each HMO shall continually develop, compile, and evaluate statistics. The following statistics, consisting of at least 12 months of information, shall be submitted to the secretary by March 1 in the annual re…

Rule 44:19:01:01 Definitions. 44:19:01:01. Definitions. Terms used in this article mean: (1) "Days of age," the measurement of the age of a newborn in 24-hour periods; i.e., a newborn is one day of age 24 hours following the hour of birth; (2) "Department," the South Dakota Depar…

Rule 44:19:01:02 Transferred. 44:19:01:02. Transferred to § 44:19:02:03.

Rule 44:19:01:03 Repealed. 44:19:01:03. Deadlines for reporting test results.Repealed. Source: 12 SDR 167, effective April 20, 1986; repealed, 15 SDR 59, effective October 19, 1988.

44:19:01:04. Required tests. In addition to the metabolic disorder tests required in SDCL 34-24-18, a designated laboratory shall screen any infant born in this state for the following newborn screening disorders: (1) Hemoglobinopathies; (2) Biotinidase deficiency; (3) Classical …

Rule 44:19:02:01 Repealed. 44:19:02:01. Newborn screening laboratory test requisition.Repealed. Source: 15 SDR 59, effective October 19, 1988; repealed, 23 SDR 91, effective December 9, 1996.

Rule 44:19:02:02 Repealed. 44:19:02:02. Standards for laboratory operation.Repealed. Source: 15 SDR 59, effective October 19, 1988; 18 SDR 67, effective October 16, 1991; repealed, 23 SDR 91, effective December 9, 1996.

Rule 44:19:02:03 Repealed. 44:19:02:03. Reporting requirements.Repealed. Source: 12 SDR 167, effective April 20, 1986; transferred from § 44:19:01:02, 15 SDR 59, effective October 19, 1988; 18 SDR 67, effective October 16, 1991; repealed, 23 SDR 91, effective December 9, 1996. Ru…

Rule 44:19:02:03.01 Designation of laboratories. 44:19:02:03.01. Designation of laboratories. The department shall designate the laboratories that are authorized to perform newborn screening services for infants born in South Dakota. The number of laboratories to be designated at…

Rule 44:19:02:03.02 Repealed. 44:19:02:03.02. Criteria for designation of laboratories. Repealed. Source: 23 SDR 91, effective December 9, 1996; repealed, 41 SDR 109, effective January 5, 2015.

Rule 44:19:02:04 Public notice of designated laboratories. 44:19:02:04. Public notice of designated laboratories. The department shall publish the names and addresses of the designated laboratories authorized to conduct newborn screening tests. Source: 15 SDR 59, effective Octobe…

Rule 44:19:02:04.01 Repealed. 44:19:02:04.01. Designated laboratory responsibilities. Repealed. Source: 31 SDR 164, effective May 9, 2005; repealed, 41 SDR 109, effective January 5, 2015.

Rule 44:19:02:05 Responsibilities of parents. 44:19:02:05. Responsibilities of parents. The parent, guardian, or custodian of each infant is responsible for having blood tests as identified in § 44:19:01:04 performed within the first 48 hours of an infant's life. If a parent, gua…

Rule 44:19:02:06 Responsibilities of hospitals, physicians, and other health professionals. 44:19:02:06. Responsibilities of hospitals, physicians, and other health professionals. The attending physician, other health professional, hospital, or public health facility shall notify…

Rule 44:19:02:07 Responsibilities of Department of Health. 44:19:02:07. Responsibilities of Department of Health. Upon notification by a designated laboratory of a positive screening result for an infant, the department shall work with the newborn's physician to locate the infant…

Rule 44:19:03:01 Specimen submission to designated laboratory. 44:19:03:01. Specimen submission to designated laboratory. Specimens must be submitted to the designated laboratory pursuant to the designated laboratory's protocol. Source: 15 SDR 59, effective October 19, 1988; 18 S…

Rule 44:19:03:02 Collection of filter paper specimens. 44:19:03:02. Collection of filter paper specimens. Filter paper specimens for submission to the designated laboratory must be collected pursuant to the designated laboratory's protocol. Source: 15 SDR 59, effective October 19…

Rule 44:19:03:03 Specimen disposition, retention, and disposal. 44:19:03:03. Specimen disposition, retention, and disposal. The designated laboratory shall maintain each specimen in a manner that provides security, confidentiality, and stability of temperature and humidity. Upon …

Rule 44:19:04:01 Consultation services. 44:19:04:01. Consultation services. The department shall contract with a consulting physician to provide interpretation of test results and consultation to the attending physician on request. Source: 15 SDR 59, effective October 19, 1988; 2…

Rule 44:20:01:01 Definition of terms. 44:20:01:01. Definition of terms. Terms used in this article mean: (1) "Animal," any mammal, bird, amphibian, fish, reptile, or arthropod that may be infected or contaminated with an infectious agent; (2) "Bioterrorism," any intentional act, …

Rule 44:20:01:02 Diseases declared dangerous. 44:20:01:02. Diseases declared dangerous. The department declares the communicable diseases and related conditions listed in §§ 44:20:01:03 and 44:20:01:04 to be dangerous to public health. Source: 20 SDR 69, effective November 17, 19…

44:20:01:03. Category I reportable diseases and conditions. Category I reportable diseases and conditions have a potential for epidemic spread or require rapid application of public health measures to prevent a serious threat to public health or safety. Category I reportable dise…