Title 34 — PUBLIC HEALTH AND SAFETY

The boundaries of any ambulance district organized under the provisions of this chapter may be changed in the manner prescribed for establishment of a district, or the board of directors of an ambulance district may submit a proposed decrease in the size of the district to voters…

A regular meeting of the registered voters who are residing within the boundaries of a district shall be held in the first quarter of each calendar year and special meetings may be called by the board of directors at any time. The annual election shall be conducted during the reg…

The petition shall contain the suggested name of the proposed district, the area to be included, and a complete description according to government survey, if possible, of the boundaries of the real properties intended to be embraced in the proposed ambulance district. The petiti…

The secretary - treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district. Source: SL 1982, ch 259 , § 32.

The capital outlay fund of an ambulance district is a fund provided by law to meet expenditures of three hundred dollars or more which result in the acquisition of or additions to real property, plant or equipment. Such an expenditure shall be for land, existing facilities, impro…

In addition to any tax levy authorized pursuant to § 34-11A-19 or 34-11A-20 , the board of directors of an ambulance district may authorize an annual levy of a tax not to exceed fifty cents per thousand dollars of taxable valuation on the taxable valuation of the district for the…

Any district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities, the total of which will require advertising for bids under chapter 5-18 , must have a public hearing at least ten days prior to the advertisement o…

Any ambulance district with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the ambulance district or by the volunteer advanced life support personnel and …

Upon the filing of petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by at least twenty percent of the number of registered voters voting in the last gubernatorial election within the proposed district. …

If the proposed district is situated within two or more counties, the county auditor of the county containing the largest area, shall confer with the auditor of any other county concerned, and shall obtain a certificate as to the adequacy of the petitions or resolution pertaining…

Notice of the hearing shall be given by publication two weeks in the legal newspapers of each county affected, the last publication appearing at least seven days prior to the hearing and shall include a statement of the proposed boundaries as set forth in the petition. Source: SL…

At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the bound…

Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in §§ 6-16-4 to 6-16-6 , inclusive. Source: SL 1982, ch 259 , § 8; SL 1998, ch 36 , § 24. 34-11A-9 to 34-11A-11. Repealed by SL 1998, ch 36 , §§ 25 to 27.

The Emergency Medical Personnel Licensure Interstate Compact is enacted into law and entered into with all other jurisdictions that legally join the compact, which is substantially as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency an…

Source: SL 1982, ch 259 , § 3; SL 1998, ch 36 , § 21; SL 2003, ch 181 , § 2.

Source: SDCL § 22-16-37.1 ; SL 2005, ch 120 , §§ 168, 170.

The existing facility's medicaid reimbursement rate shall be used to establish the overall ceiling as outlined in rules promulgated pursuant to §

34-12-1.1 Definitions. 34-12-2 License required to operate institution. 34-12-2.1 Unlicensed institutions ineligible for state or federal funds. 34-12-3 Licensed child welfare agencies exempt from chapter. 34-12-4 Lodging establishments exempt from chapter. 34-12-5 Application fo…

Terms used in this chapter mean: (1) "Adult foster care home," a family-style residence that provides supervision of personal care, health services, and household services for no more than four aged, blind, physically disabled, developmentally disabled, or socially-emotionally di…

34-12-11

34-12-11.1 Disclosure of public reimbursement rates required of nursing homes and related institutions. 34-12-11.2 Visitation of patients and residents--Required post. 34-12-12 Lodging and food service laws not applicable to licensees. 34-12-13 Rules to protect patients' health a…

All nursing homes, homes for the aged, and related institutions shall disclose all reimbursement rates established by the Department of Social Services under the medical assistance program upon request of any person. Source: SDCL, § 34-12-7 as added by SL 1978, ch 248 ; SL 1980, …

The Department of Health shall post on its website all state laws and rules, and all federal laws, regulations, and guidance documents, which address the visitation of patients in hospitals and residents in nursing facilities and assisted living centers. Source: SL 2022, ch 104 ,…

No licensee under the provisions of this chapter shall be required to be licensed or inspected under the laws of this state relative to lodging or food service establishments. Source: SL 1945, ch 108 , § 5; SL 1953, ch 123 , § 5; SDC Supp 1960, § 27.1205.

However, the department may inspect all licensed hospitals or licensed chemical dependency treatment facilities to determine compliance with rules promulgated pursuant to subdivisions 34-12-13(1), (2), and (3). The department retains the right of access to all hospital or license…

No regulations may be made, or standards established, under this chapter for any health care facility or related institution conducted in accordance with the practices and principles of the body known as the Church of Christ, Scientist except as to the sanitary and safe condition…

All superintendents, or managers, or other persons in charge of hospitals, lying - in, or other institutions, public or private, to which persons resort for treatment of disease, confinement, or are committed by process of law, shall make and keep a record of all the personal and…

Terms used in §§ 34-12-15.1 to 34-12-15.10 , inclusive, unless the context otherwise requires mean: (1) "Nursing homes," public or private facilities licensed pursuant to this chapter 34-12 , as a skilled nursing facility, an intermediate care facility, or an assisted living cent…

If, upon the death of a resident and after notification to any known guardian, conservator, or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the s…

Upon written authorization of the resident, every nursing facility shall hold, safeguard, and account for the moneys and funds of residents of such home and shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs. Source: SL 1977, …

Residents' moneys in excess of fifty dollars shall be deposited in a local financial institution authorized to do business in South Dakota in an interest bearing demand trust account that is separate from any of the facility's operating accounts and credits all interest earned on…

34-12-15.5 Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond. 34-12-15.6 Records required on residents' funds--Form--Receipts kept. 34-12-15.7 Records of residents' funds available for audit. 34-12-15.8 Noncompliance as ground f…

Each private nursing facility covered by §§ 34-12-15.1 to 34-12-15.10 , inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensin…

Every nursing facility or other facility covered by the provisions of §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall, in addition to the requirements of § 34-12-15.2 , maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their c…

Records which are maintained pursuant to §§ 34-12-15.1 to 34-12-15.10 , inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home or other facility, which is required to keep and maintain the same. Source: SL 1977, ch 279 , § …

Failure of any licensed nursing facility to keep complete records or to comply with any other provision of §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes or facilities, under chap…

Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home or other facility covered by §§ 34-12-15.1 to 34-12-15.10 , inclusive, shall be surrendered to the resident or a legally empowered representative in exchange for a signed rec…

Any building, institution, or establishment for which a license is issued under this chapter shall be inspected by the Department of Health under rules established by the department pursuant to §

Information received by the State Department of Health under the authority of this chapter shall be confidential, except for official purposes, and shall not be disclosed except in accordance with a proper judicial order, or as otherwise provided by law. Source: SL 1945, ch 108 ,…

Any person establishing, conducting, managing, or operating any health care facility or related institution without a license is guilty of a Class 1 misdemeanor. Source: SL 1925, ch 220 , § 7; SDC 1939, § 27.9927; SL 1945, ch 108 , § 9; SL 1953, ch 123 , § 9; SDC Supp 1960, § 27.…

The State Department of Health may suspend or revoke a license issued under this chapter on any of the following grounds: (1) Violation of any of the provisions of this chapter or the rules issued pursuant thereto; (2) Permitting, aiding, or abetting the commission of any unlawfu…

No person, partnership, limited liability company, association, or corporation may establish, conduct, or maintain in the State of South Dakota, any health care facility or related institution for the hospitalization or care, or both, of human beings without first obtaining a lic…

No state or federal funds passing through the state treasury may be paid to a health care facility or related institution which does not have a license issued by the State Department of Health under this chapter. Source: SL 1986, ch 278 , § 14.

No license shall be suspended or revoked except in compliance with chapter 1-26 . Source: SL 1925, ch 220 , § 5; SDC 1939, § 27.1205; SL 1945, ch 108 , § 7; SL 1953, ch 123 , § 7; SDC Supp 1960, § 27.1207; SL 1972, ch 15 , § 4.

If a license is suspended or revoked as provided in § 34-12-19 , a new application for license may be considered by the said Department of Health if, when, and after the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has bee…

Any person aggrieved by any decision or ruling of the said Department of Health may appeal under the provisions of chapter 1-26 . Source: SL 1925, ch 220 , § 5; SDC 1939, § 27.1205; SL 1945, ch 108 , § 7; SL 1953, ch 123 , § 7; SDC Supp 1960, § 27.1207; SL 1972, ch 15 , § 4. 34-1…

34-12-26 34-12-26 to 34-12-28. Repealed by SL 2005, ch 181 , §§ 1 to 3. 34-12-29 Promulgation of rules regarding nurse aide registration. 34-12-30 Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program. 34-12-31…

The Department of Health and the Board of Nursing may promulgate rules pursuant to chapter 1-26 to provide for the following regarding nurse aide registration: (1) Education, training, and examination requirements; (2) Qualifications of nurse aide instructors; (3) Revocation, den…

The provisions of this chapter do not apply to any state institution, children's home, association or institution having the care of children or pregnant women under its control, which is required to be licensed or registered by the Department of Social Services under chapter 26-…

Every nursing facility shall provide written notice to each resident receiving medical assistance under chapter 28-6 if the amount in the resident's interest bearing demand trust account reaches two hundred dollars less than resource limit in the medical assistance program under …