Title 34 — PUBLIC HEALTH AND SAFETY

34-24-13 34-24-13 to 34-24-15. Repealed by SL 2013, ch 154 , §§ 43 to 45. 34-24-16 Educational program on metabolic diseases. 34-24-17 Screening of newborn infants for metabolic, inherited, and genetic disorders. 34-24-18 Phenylketonuria, hypothyroidism, and galactosemia testing …

The State Department of Health shall provide for the development and carrying out of an educational program among physicians, staffs of hospitals, public health nurses, and the citizens of this state concerning the disease phenylketonuria, hypothyroidism, and other metabolic dise…

Each infant born in South Dakota shall be screened for metabolic, inherited, and genetic disorders. This screening shall be as prescribed by the Department of Health. Source: SL 1973, ch 233 , § 2; SL 1990, ch 170 , § 8; SL 2015, ch 185 , § 1.

The tests for detecting a metabolic, inherited, or genetic disorder of the newborn infant, as prescribed by the Department of Health, shall include the testing for excessive phenylalanine in the serum of the newborn, for hypothyroidism, and for elevated blood galactose in the new…

If facilities are not available for the screening of newborn infants for the phenylketonuria syndrome, for hypothyroidism or for galactosemia, the Department of Health shall arrange for testing through the director of laboratories. Source: SL 1973, ch 233 , § 7; SL 1982, ch 264 ,…

If the required report to the Department of Health shows that the newborn infant was not tested for phenylketonuria, for hypothyroidism or for galactosemia, the department may arrange for the infant to be tested. Source: SL 1973, ch 233 , § 6; SL 1982, ch 264 , § 4; SL 1991, ch 2…

If a screening test indicates a newborn infant may be afflicted with the phenylketonuria syndrome, hypothyroidism, or galactosemia, the Department of Health shall prescribe the procedures to be followed in order to determine if the syndrome is actually present. Source: SL 1973, c…

If tests for detecting a metabolic, inherited, or genetic disorder other than phenylketonuria, hypothyroidism, and galactosemia are perfected, the Department of Health may require that tests for the syndrome or syndromes be made and reported to the department. Source: SL 1973, ch…

Results of the tests for a metabolic, inherited, and genetic disorder in infants, as prescribed by the Department of Health, shall be sent to the department on forms to be prescribed and furnished by the department to all physicians and hospitals. Source: SL 1973, ch 233 , § 9; S…

The Department of Health shall provide to the parents or guardians responsible for the care of an affected child, information about accepted medical procedures for treating any identified metabolic, inherited, or genetic disorder. A parent or guardian may decline such information…

The Department of Health is authorized to promulgate and enforce rules and regulations to aid in implementing the provisions of §§ 34-24-16 to 34-24-24 , inclusive. Source: SL 1973, ch 233 , § 2. 34-24-26. Repealed by SL 2016, ch 169 , § 33.

34-24-27 Reports of fetal alcohol syndrome. 34-24-28 Confidentiality of reports. 34-24-29 Disclosure of confidential reports as misdemeanor. 34-24-30 Good faith reporting not a libel or slander. 34-24-31 Civil and criminal immunity. 34-24-32 Pulse oximetry test required for newbo…

The Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of fetal alcohol syndrome from all physicians, hospitals, and institutions. To implement this section, the department may adopt rules, pursuant to cha…

Any report required to be submitted pursuant to § 34-24-27 is strictly confidential. The reports may not be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings or otherwise and are not admissible as evidence in any…

Except as provided in § 34-24-28 , any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to § 34-24-27 , who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under § 34…

Good faith reporting or disclosure pursuant to § 34-24-27 does not constitute a libel or slander or a violation of the right to privacy of privileged communication. Source: SL 2001, ch 185 , § 4.

Any person who in good faith complies with the reporting requirements of § 34-24-27 is immune from civil and criminal liability for such action taken in compliance with the provisions of §

All hospitals which routinely provide obstetrical services and birth centers shall provide screening of newborns for congenital heart defects through the use of a pulse oximetry test. Source: SL 2013, ch 158 , § 1.

Terms used in §§ 34-24-34 to 34-24-38 , inclusive, mean: (1) "Minor," any person under the age of eighteen; and (2) "Sex,” the biological indication of male and female, as evidenced by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and extern…

Except as provided in § 34-24-35 , a healthcare professional may not, for the purpose of attempting to alter the appearance of, or to validate a minor's perception of, the minor’s sex, if that appearance or perception is inconsistent with the minor's sex, knowingly: (1) Prescribe…

The prohibitions of § 34-24-34 do not limit or restrict the provision of services to: (1) A minor born with a medically verifiable disorder of sex development, including external biological sex characteristics that are irresolvably ambiguous; (2) A minor diagnosed with a disorder…

If a professional or occupational licensing board finds, by a preponderance of the evidence and in compliance with chapter 1-26 , that a healthcare professional licensed or certified by the board has violated § 34-24-34 , the board must revoke any professional or occupational lic…

Any civil action to recover damages for injury suffered as a result of a violation of § 34-24-34 must be commenced before the later of: (1) The date on which the person reaches age twenty-five; or (2) Within three years from the time the person discovered or reasonably should hav…

If, prior to July 1, 2023, a healthcare professional has initiated a course of treatment, for a minor, which includes the prescription or administration of any drug or hormone prohibited by § 34-24-34 , and if the healthcare professional determines and documents in the minor's me…

34-24-8 34-24-8 to 34-24-11. Repealed by SL 2013, ch 154 , §§ 39 to 42. 34-24-12