Title 34, PUBLIC HEALTH AND SAFETY

Notwithstanding the provisions of chapter 36-4 and chapter 36-9 , any person performing specific health services under federal, state, and local programs affecting the public health, shall carry out such services through medically accepted procedures approved by the State Board o…

The term, specific health services, as it relates to § 34-22-11.1 shall include the following: (1) Application of intradermal skin tests for the purpose of determining the presence of tuberculosis; (2) Venipuncture for the purpose of drawing blood for laboratory examinations to d…

The State Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of communicable disease, communicable disease carriers, and laboratory tests for communicable disease carriers, from all physicians, hospitals, …

Any report required to be submitted pursuant to § 34-22-12 is strictly confidential medical information. No report may be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise. No report is admissible a…

Except as provided in § 34-22-12.1 , any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to § 34-22-12 who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under § 34…

Good faith reporting or disclosure pursuant to § 34-22-12 does not constitute a libel or slander or a violation of the right of privacy or privileged communication. Source: SL 1989, ch 296 , § 3.

Any person who in good faith complies with the reporting requirements of § 34-22-12 is immune from civil and criminal liability for such action taken in compliance with the provisions of § 34-22-12 . Compliance by a person or facility with the reporting requirements of § 34-22-12…

A patient's immunization record shall be shared among health care providers, health care facilities, federal or state health agencies, child welfare agencies, schools, or family day care facilities, without the consent of the patient or the person acting on the patient's behalf u…

The department has the authority to consult with physicians, hospitals, institutions, and individuals engaged in diagnosing and treating any person diagnosed with or reasonably suspected of being exposed to a communicable disease. Source: SL 1963, ch 380 , § 5 (7); SL 2015, ch 18…

The department has the authority to provide for the enforcement of regulations for the control and eradication of communicable diseases through isolation, prevention, and treatment. Source: SL 1963, ch 380 , § 5 (4); SL 2015, ch 181 , § 11. 34-22-15

The diagnosis, control, and treatment of suspected or confirmed cases of communicable diseases in the state shall be under the supervision and surveillance of the department. The program of diagnosis, control, and treatment of communicable diseases, established in this chapter an…

Any person in the state reasonably suspected of having active tuberculosis, middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emerg…

If the department has determined by medical or epidemiological information that a person is confirmed to be infected with an active tuberculosis, any middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any d…

No provision of this chapter may be deemed to bar freedom of any person to seek diagnosis or treatment, or both, by a physician or in an institution of the person's choice, at the person's own expense, or under entitlement by the federal government, medical or hospital insurance …

The secretary of health or his authorized agent shall from time to time at his discretion be authorized to inspect any or all records of any facility as is deemed necessary to determine compliance with the provisions of § 34-22-25 . Source: SL 1968, ch 119 , § 1. 34-22-24

Any health officer or physician who has information that any person, including a patient, is by the person's conduct or mode of living, endangering the health or well-being of the person's family or other persons because of communicable diseases, shall report the information to t…

Nothing in this chapter shall be construed to interfere with the recognized religious rights or practice of any individual who is exercising such rights or practice in good faith. Source: SL 1968, ch 119 , § 5; SL 1977, ch 190 , § 60A. 34-22-40

For the purposes of §§ 34-3-26 , 34-16-22 to 34-16-25 , inclusive, and 34-22-41 to 34-22-44 , inclusive, a public health emergency is an occurrence or imminent threat of an illness, health condition, or widespread exposure to an infectious or toxic agent that poses a significant …

The secretary of health, with the consent of the Governor, may declare a public health emergency as defined by § 34-22-41 . In declaring a public health emergency, the secretary shall issue an order that specifies: (1) The nature of the public health emergency; (2) The geographic…

The department shall have primary jurisdiction, responsibility, and authority for responding to a public health emergency declared pursuant to § 34-22-42 including: (1) Planning and executing public health emergency assessment, mitigation, preparedness, and response; (2) Coordina…

Any public health emergency declared pursuant to § 34-22-42 shall be terminated automatically after thirty days unless renewed by the secretary under the same standards and procedures set forth in § 34-22-42 . Source: SL 2002, ch 168 , § 4.

Terms used in § 34-22-44.2 mean: (1) "Statewide Emergency Registry of Volunteers for South Dakota (SERV SD)," the state's version of the Emergency System for Advance Registration of Health Professions Volunteers authorized by Public Law 107-188, known as the Public Health Securit…

Any volunteer, as defined in § 34-22-44.1 , is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if: (1) The volunteer was acting in good faith and within the scope of the volunteer's off…

The Department of Health shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. For purposes of this section, the term, first responder, means state and local law enforcement personnel, fire department…

Each person who intentionally exposes himself or herself or another person infected with any communicable disease in any public place, except in the person's necessary removal from a public place in a manner not dangerous to the public health, is guilty of a Class 2 misdemeanor. …

It is a Class 2 misdemeanor for any board, physician, or person to compel another by the use of physical force to submit to the operation of vaccination with smallpox or other virus. Source: SL 1903, ch 223 , §§ 1, 3; RC 1919, §§ 7691, 7693; SDC 1939, §§ 27.2201, 27.9938; SL 1977…

The department shall establish and direct the operations of a state-wide system for communicable disease prevention, control, and treatment. The department may promulgate rules, pursuant to chapter 1-26 , to: (1) Conduct communicable disease surveillance which includes detection,…