Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-49-23 Construction of chapter with law of other states
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It is the intent of the Legislature that this chapter be construed consistent with comparable reduced ignition propensity laws enacted by other states. Source: SL 2009, ch 172 , § 23, eff. Jan. 1, 2011.
SDCL § 34-49-3 Use of lowered permeability bands to meet performance standard--Requirements
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Each cigarette listed in a certification submitted pursuant to § 34-49-8 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrou…
SDCL § 34-49-4 Alternative test method and performance standard
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A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in § 34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test me…
SDCL § 34-49-5 Retention of test reports--Copies to be made available--Civil penalty for violation
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Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer …
SDCL § 34-49-6 Subsequent ASTM Standard Test Method
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The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared t…
SDCL § 34-49-7 Sale of cigarettes for purpose of consumer testing not prohibited
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The requirements of § 34-49-2 do not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this section, the term, consumer testing, means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a…
SDCL § 34-49-8 Certification of testing and compliance with performance standard--Contents
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Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with this chapter and meets the performance standard set forth in this chapter. Each cigarette listed in the ce…
SDCL § 34-49-9 Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes as of January 1, 2009, and shall be conducted on ten layers of filter paper
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No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested. The performance standard required by this section only ap…
SDCL § 34-50-1 Definitions
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Terms used in this chapter mean: (1) "Critical incident stress," the acute or cumulative psychological stress or trauma that an emergency service provider may experience by providing services during a critical incident, crisis, disaster, or emergency. Critical incident stress is …
SDCL § 34-50-2 Confidentiality of interview, meeting, conference, or on-site intervention
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Except as provided for in § 34-50-3 and notwithstanding any other law, an interview, meeting, conference, or on-site intervention in which critical incident stress management services are provided shall be: (1) Closed to the general public; and (2) Closed to any person who was no…
SDCL § 34-50-3 Exceptions to confidentiality of interview, meeting, conference, or on-site intervention
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The confidentiality provided for in § 34-50-2 does not apply if: (1) The critical incident stress management services are conducted on-site, in public, because of exigent circumstances inherent in the critical incident itself; (2) The emergency service provider, or the legal repr…
SDCL § 34-50-4 Confidentiality of communication to or record of critical incident stress management team or peer support team
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Except as otherwise provided for in § 34-50-5 , a communication made by an emergency service provider to a critical incident stress management team or to a peer support team member while the provider receives critical incident stress management services is confidential and may no…
SDCL § 34-50-5 Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team
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A communication or record described by § 34-50-4 is not confidential if: (1) It conveys information to an appropriate professional for further consultation, advice, or referral service that the critical incident stress management team reasonably deems necessary for the continuing…
SDCL § 34-50-6 Immunity from liability
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A critical incident stress management team or a peer support team member providing critical incident stress management services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the team or member's act, error, or omis…
SDCL § 34-51-1 Definitions
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Terms used in this chapter mean: (1) "Eligible facility," an institution operating under a federalwide assurance for the protection of human subjects, pursuant to 45 C.F.R. Part 46 (January 1, 2025); (2) "Eligible patient," an individual who has: (a) A disease or condition that i…
SDCL § 34-51-10 Private cause of action not created--Good faith, reasonable care
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This chapter does not create a private cause of action against a manufacturer of a general or individualized investigative treatment, or against another person or entity involved in the care of an eligible patient receiving the treatment, for any harm done to the eligible patient…
SDCL § 34-51-11 Payment of treatment by government agency--Insurance coverage--Services by health care facility--Not required
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Nothing in this chapter requires: (1) A governmental agency to pay any costs associated with the use, care, or treatment of an eligible patient with an individualized investigative treatment; (2) A health plan, health carrier, or third-party administrator to provide coverage for …
SDCL § 34-51-2 Repealed
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Source: SL 2015, ch 188 , § 2; SL 2025, ch 144 , § 9.
SDCL § 34-51-3 Informed consent necessary--Requirements
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To receive a general or individualized investigative treatment, an eligible patient must give informed consent. For the purposes of this section, "informed consent," means a written document that: (1) Is signed by the eligible patient; the patient's parent or legal guardian, if t…
SDCL § 34-51-4 General or individualized investigative treatment--Manufacturer not required to provide--Patient request--Costs
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A manufacturer of a general investigative treatment, or a manufacturer of an individualized investigative treatment operating within an eligible facility, may make the treatment available to an eligible patient, with or without compensation. An eligible facility, or a manufacture…
SDCL § 34-51-5 Repealed
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Source: SL 2015, ch 188 , § 5; SL 2025, ch 144 , § 10.
SDCL § 34-51-6 Reimbursement from decedent's estate prohibited
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If a patient dies while receiving a general or individualized investigative treatment, the manufacturer or eligible facility may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the patient's or caretaker's es…
SDCL § 34-51-7 Physician not liable for recommendation
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No licensing board may revoke, fail to renew, suspend, or take any action against a physician's license pursuant to chapter 36-4 , based solely on the physician's recommendations to an eligible patient regarding access to or receipt of a general or individualized investigative tr…
SDCL § 34-51-8 Treating physician immune
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A treating physician who is in compliance with the requirements of this chapter may not be subject to arrest or prosecution, penalty, or denial of any right or privilege granted otherwise. Source: SL 2015, ch 188 , § 8.
SDCL § 34-51-9 State agent prohibited from blocking access--Exclusion
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No official, employee, or agent of this state may block or attempt to block an eligible patient's access to a general or individualized investigative treatment. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider …
SDCL § 34-52-2 Treatment of patients through telehealth--Requirements
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Any health care professional treating a patient in the state through telehealth shall be: (1) Fully licensed to practice in the state or employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental h…
SDCL § 34-52-3 Provider-patient relationship required--Exceptions
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Any health care professional who utilizes telehealth shall ensure that a proper health provider-patient relationship is established and includes: (1) Verifying and authenticating the location and, to the extent reasonable, identifying the requesting patient; (2) Disclosing and va…
SDCL § 34-52-4 Treatment and consultation recommendations
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Treatment and consultation recommendations made through telehealth via a health care professional shall be appropriately provided and within the health care professional's scope of practice, training, and experience. Source: SL 2019, ch 156 , § 4.
SDCL § 34-52-5 Face-to-face examination using real-time audio and visual technology
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A health care professional using telehealth to provide medical care to any patient located in the state shall provide an appropriate face-to-face examination using real-time audio and visual technology prior to diagnosis and treatment of the patient, if a face-to-face encounter w…
SDCL § 34-52-6 Prescribing drugs
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Without a proper provider-patient relationship, a health care professional using telehealth may not prescribe a controlled drug or substance, as defined by § 34-20B-3 , solely in response to an internet questionnaire or consult, including any encounter via telephone. Source: SL 2…
SDCL § 34-52-7 Informed consent
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A health care professional using telehealth shall follow any applicable state or federal statute or rule for informed consent. Source: SL 2019, ch 156 , § 7.
SDCL § 34-52-8 Medical records
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A health care professional or the originating site treating a patient through telehealth shall: (1) Maintain a complete record of the patient's care; (2) Disclose the record to the patient consistent with state and federal laws; and (3) Follow applicable state and federal statute…
SDCL § 34-53-1 Repealed
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Source: SL 2019, ch 157 , § 1, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-10 Repealed
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Source: SL 2019, ch 157 , § 10, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-11 Repealed
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Source: SL 2019, ch 157 , § 11, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-12 Repealed
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Source: SL 2019, ch 157 , § 12, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-13 Repealed
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Source: SL 2019, ch 157 , § 13, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-14 Repealed
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Source: SL 2019, ch 157 , § 14, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-15 Repealed
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Source: SL 2019, ch 157 , § 15, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-16 Repealed
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Source: SL 2019, ch 157 , § 16, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-17 Repealed
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Source: SL 2019, ch 157 , § 17, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-18 Repealed
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Source: SL 2019, ch 157 , § 18, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-2 Repealed
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Source: SL 2019, ch 157 , § 2, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-3 Repealed
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Source: SL 2019, ch 157 , § 3, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-4 Repealed
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Source: SL 2019, ch 157 , § 4, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-5 Repealed
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Source: SL 2019, ch 157 , § 5, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-6 Repealed
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Source: SL 2019, ch 157 , § 6, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-7 Repealed
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Source: SL 2019, ch 157 , § 7, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-8 Repealed
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Source: SL 2019, ch 157 , § 8, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.
SDCL § 34-53-9 Repealed
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Source: SL 2019, ch 157 , § 9, eff. Mar. 27, 2019; SL 2019, ch 157 , § 19, eff. June 30, 2025.