Title 34, PUBLIC HEALTH AND SAFETY

The Legislature finds that the use of the phrase "politicians in the State of South Dakota require us to tell you that" is antithetical to the purpose and effectiveness of the disclosures, and evidences a hostility to the required disclosures and signals to the pregnant mothers t…

The Legislature finds that the physicians, agents, and employees who perform or assist in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have proven to be unreliable providers and counselors of the disclosures required by subsections …

For purposes of §§ 34-23A-89 to 34-23A-93 , inclusive, the term, Down syndrome, is a chromosome disorder associated with an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one. Source: SL 2021, ch 151 , § 1.

No person may perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion because the unborn child either has been diagnosed with Down syndrome or has had a screening indicating that the unborn child may have Down syndrome. Any person …

Where there has been an intentional, knowing, or negligent failure to comply with the provisions of §§ 34-23A-89 to 34-23A-93 , inclusive, a pregnant woman who undergoes an abortion, or her survivors, may bring a civil action, and obtain liquidated damages in the amount of ten th…

The provisions of §§ 34-23A-89 to 34-23A-93 , inclusive, do not apply to any abortion that is necessary to save the life of the pregnant woman because her life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising fr…

Nothing in §§ 34-23A-89 to 34-23A-93 , inclusive, repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2021, ch 151 , § 5.

On or before September 1, 2024, the Department of Health shall create a video and other materials that describe: (1) The state's abortion law and acts that do and do not constitute an abortion; (2) The most common medical conditions that threaten the life or health of a pregnant …

Any primary health care provider of obstetrical care to a pregnant woman and any counselor who provides services to a pregnant woman shall educate all pregnant patients as to the prenatal effects of drugs and alcohol. The Department of Health and the Department of Social Services…

The Department of Health and the Department of Social Services shall create and administer an educational program that offers education to all primary providers of obstetrical care and chemical dependency counselors providing services to pregnant women: (1) In taking accurate and…

Upon receipt of funds for such programs, the secretary of education shall adopt and make available to all school districts age - appropriate drug and alcohol education curricula concerning the physiological effects caused by the use of drugs and alcohol on the developing child be…

The Department of Health and the Department of Social Services shall maintain a toll-free information line for the purpose of providing information on resources for substance abuse treatment and for assisting with referral for substance abusing pregnant women. Source: SL 1993, ch…

The Department of Health and the Department of Social Services shall develop screening materials and criteria and make them available for use by primary providers for identification of high- and moderate-risk drug and alcohol use during pregnancy. Source: SL 1993, ch 252 , § 5; S…

Any physician, physician's assistant, nurse, certified nurse practitioner, certified nurse midwife, counselor, social worker, licensed or registered child welfare provider, employee or volunteer of a domestic abuse center, chemical dependency counselor, or safety sensitive positi…

Terms used in §§ 34-23B-8 and 34-23B-9 mean: (1) "Lethal fetal anomaly," a condition that is diagnosed before the child's birth and will, with reasonable medical certainty, result in the child's death within three months from the date of birth; and (2) "Perinatal hospice," the pr…

The Department of Health shall develop and post on the department's website: (1) A brochure that: (a) Describes the services available from a perinatal hospice program; (b) Includes a statement that medical assistance benefits may be available for prenatal care, childbirth, and p…

If a pregnant mother is notified of a lethal fetal anomaly, the health care provider shall, at the time of notification, provide the mother with copies of the brochure and lists referenced in § 34-23B-8 . Source: SL 2021, ch 152 , § 3.

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

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 § 34-24-27 . Compliance by a person or facility with the reporting requirements of § 34-24-27…

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…

Any person, firm, limited liability company, corporation, or municipality having jurisdiction over a municipal water supply, whether publicly or privately owned or operated, shall control the quantities of fluoride in the water so as to maintain a minimum fluoride content prescri…

The Department of Agriculture and Natural Resources shall perform all the functions of the Public Health Advisory Committee, the state health officer, and the Department of Health with respect to water hygiene programs authorized under, but not limited to, this chapter, except th…

The Department of Agriculture and Natural Resources shall, in compliance with chapter 1-26 , promulgate rules relating to the fluoridation of public water supplies which shall include, but not be limited to the following: (1) The means by which fluoride is controlled; (2) The met…

The Department of Agriculture and Natural Resources shall enforce the provisions of §§ 34-24A-1 and 34-24A-2 . In so doing it shall require the fluoridation of water in all municipal water supplies serving a population of five hundred or more. The department may not require the f…

Any person requiring a transfusion of whole blood or blood components may specify a donor or donors to provide the blood. Blood from such donors shall undergo the same screening procedures for acceptability for donation and transfusion as are medically necessary or required for b…

The Department of Health may establish a program to provide education to the public on mammograms. Source: SL 1991, ch 278 , § 1.

The Department of Health may establish a program which provides money to medical institutions for mammograms. The grant program shall subsidize mammograms based upon the income of the recipient of the mammogram. The secretary of health shall promulgate rules, pursuant to chapter …