Title 34, PUBLIC HEALTH AND SAFETY

Any birth center licensed by the state in accordance with this chapter, may operate to provide care for women before, during, and after normal pregnancy, labor, and birth. Source: SL 2011, ch 155 , § 1.

Any birth center shall be located within thirty minutes normal driving time of a hospital licensed pursuant to this chapter that provides routine birth services. Source: SL 2011, ch 155 , § 3.

Except as provided in § 34-12-60 , no person may establish or operate a birth center in this state without an appropriate license issued under §§ 34-12-57 to 34-12-63 , inclusive. Source: SL 2011, ch 155 , § 4.

Any application for a license to operate a health care facility must be accompanied by a fee. The annual license fee established for each licensure category of health care facilities is: (1) For a nursing facility of: (a) Fifty beds or less, six hundred dollars; (b) Fifty-one to …

The following facilities are exempt from the requirements of §§ 34-12-57 to 34-12-63 , inclusive: (1) A hospital licensed pursuant to this chapter; and (2) A critical access hospital licensed pursuant to this chapter. Source: SL 2011, ch 155 , § 5.

An applicant for a birth center license shall submit an application to the Department of Health on a form prescribed by the department. The application shall be accompanied by a nonrefundable license fee of five hundred dollars. The department shall issue a license if, after insp…

The Department of Health shall promulgate rules pursuant to chapter 1-26 for the issuance, renewal, denial, suspension, and revocation of a license to operate a birth center. The department shall adopt, by rules promulgated pursuant to chapter 1-26 , minimum standards to protect …

A birth center shall adopt, implement, and enforce a written risk assessment system that conforms to the patient assessment protocols established pursuant to § 34-12-62 . A birth center shall perform the risk assessment of a potential client prior to accepting the client for admi…

The provisions of this chapter do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans. The South Dakota Department of Veteran…

Any freestanding emergency medical care facility that is federally certified as a department of a hospital is exempt from the freestanding emergency medical care facility licensing and license fee provisions of this chapter. Source: SL 2017, ch 150 , § 7.

Any health care facility as defined in § 34-12-1.1 that performs mammography services shall include information on breast density in the mammogram report that is required to be sent to each mammography patient under the Federal Mammography Quality Standards Act (42 U.S.C. Section…

Each resident of an assisted living facility has a right to receive visitors of the resident's own choosing, at the time of the resident's own choosing, provided the visitation does not impose upon the rights of another resident. In addition to those persons granted access to a r…

An assisted living facility shall post on its website, if one exists, and in a conspicuous place within the facility, all policies and procedures pertaining to the visitation rights set forth in § 34-12-67 . The facility shall, prior to the signing of an occupancy contract with a…

During a health emergency, each facility shall post on its website, if one exists, a link to the most recent guidance documents provided from or through the Department of Health and pertaining to the imposition of restrictions or limitations on visitation and the conditions under…

The State Department of Health may issue licenses to operate a health care facility or related institutions as defined in § 34-12-1.1 which, after application and inspection, are found to comply with the provisions of this chapter, and the rules adopted by the State Department of…

The Department of Health shall make available on its website informational material governing the provision of palliative care. Source: SL 2024, ch 128 , § 2.

The State Department of Health may issue a provisional license when an applicant or licensee under this chapter fails to comply with the established standards but signifies an intention to remedy such fault. Such provisional license shall state on its face the conditions under wh…

The State Department of Health may issue a probationary license if a licensee under this chapter fails to comply with the provisions of this chapter and if a hearing is pending on licensure suspension or revocation as provided in § 34-12-19 . Upon issuance of a probationary licen…

No license granted under this chapter shall be assignable or transferable. Source: SL 1945, ch 108 , § 4; SL 1947, ch 128 ; SL 1953, ch 123 , § 4; SDC Supp 1960, § 27.1204.

Any person shall have the right and privilege of having his prescription filled at the pharmacy or by the pharmacist of his choice. Source: SL 1975, ch 225 , § 1.

It is a Class 1 misdemeanor for any pharmacy, pharmacist, nursing facility, or nursing facility administrator, to contract, agree to or arrange for the exclusive right of a pharmacy or pharmacist to furnish drugs and medicines to residents or patients of a nursing facility, excep…

It is a Class 1 misdemeanor for any licensed nursing facility or nursing facility administrator to accept any rebate or free equipment from, or engage in splitting fees with any pharmacy department or pharmacist that is providing drugs or medicines to such home. Source: SL 1975, …

It is a Class 1 misdemeanor for any licensed pharmacy or pharmacist to split fees with, or give a rebate of any type or furnish free equipment to any nursing facility or nursing facility administrator as an incentive to the nursing facility or nursing facility administrator to de…

No nursing facility or nursing facility administrator shall provide services to a pharmacy or pharmacist that is not also made available to all pharmacies or pharmacists providing drugs or medicines to said nursing facility or its residents or patients. A violation of this sectio…

Any violation of this chapter is grounds for the suspension or revocation of the license of a pharmacy, pharmacist, nursing facility, or nursing facility administrator by the appropriate licensing board or commission. Source: SL 1975, ch 225 , § 7; SL 1977, ch 190 , § 20.

The Department of Health shall have the responsibility to investigate any complaints or alleged violations of this chapter. Source: SL 1975, ch 225 , § 5.

Terms used in this chapter mean: (1) "Attending physician," the physician who has primary responsibility for the treatment and care of the patient; (2) "Durable power of attorney for health care," an instrument executed pursuant to § 59-7-2.1 that authorizes its attorney in fact …

A health care decision by another is authorized under this chapter for an adult person who is incapable of giving informed consent to health care. A person is incapable of giving informed consent to health care if: (1) A guardian has been appointed for him or he has otherwise bee…

In the absence of a durable power of attorney for health care or the appointment of a guardian of the person, or if neither the attorney in fact nor guardian is available to consent, a health care decision for an incapacitated person may be made by the following persons or member…

If the circuit court finds that a health care decision is required for a person and that the person is incapable of giving informed consent to health care, the circuit court may order health care, direct a health care decision, determine who is authorized to make the decision, ap…

A petition pursuant to § 34-12C-4 may be filed by the incapacitated or alleged incapacitated person, by any person who is, or who might be, authorized to make a health care decision for him pursuant to § 34-12C-3 , by a health care provider or by any other interested person. Any …

The informed consent of the person authorized under this chapter to make a health care decision shall, for all purposes, be deemed the informed consent of the incapacitated person. The person has the same right as does the incapacitated person to receive information relevant to t…

A health care provider acting or declining to act in reliance on a health care decision by a person whom the health care provider believes in good faith is authorized by this chapter to make a health care decision for another is not subject to criminal prosecution, civil liabilit…

The provisions of this chapter do not: (1) Authorize consent to health care that is prohibited by the law of this state; (2) Except as provided in this chapter, affect the law of this state concerning: (a) The standard of care of a health care provider; (b) When consent is requir…

Notwithstanding any other provision of law a health care provider or any other person authorized to insert a urinary catheter may not insert a catheter into a patient under the age of sixteen without the verbal or written consent of the child's parent or guardian unless it is a m…

Terms used in this chapter mean: (1) "Attending physician," the physician who has primary responsibility for the treatment and care of the patient; (2) "Declaration," a writing executed in accordance with the requirements of § 34-12D-2 ; (3) "Health care provider," any licensed h…

Notwithstanding a declaration made pursuant to this chapter, life - sustaining treatment and artificial nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman's medical chart by the attending ph…

A health care provider need not participate in the withdrawal or withholding of life-sustaining treatment. However, a health care provider electing for any reason not to participate in the withholding or withdrawal of life-sustaining treatment shall make a reasonable effort to lo…

If an individual's declaration contains a directive to provide treatment or artificial nutrition and hydration under any circumstances, any health care provider who has responsibility for the treatment and care of the individual must provide the directed treatment or artificial n…

A health care provider is not subject to civil or criminal liability or to professional disciplinary action for giving effect to a declaration, absent actual knowledge of its revocation, for determining that a terminal condition does or does not exist or for declining to give eff…

Death resulting from the withdrawal or withholding of life-sustaining treatment in accordance with this chapter does not constitute, for any purpose, a suicide on the part of the declarant or a homicide on the part of the attending physician or other health care providers. Source…

The making of a declaration pursuant to this chapter does not affect the sale, procurement, or issuance of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity. A policy of life insurance or annu…

A person may not prohibit or require the execution of a declaration as a condition for being insured for, or receiving, health - care services. Source: SL 1991, ch 273 , § 15.

This chapter creates no presumption concerning the intention of an individual who has revoked or has not executed a declaration with respect to the use, withdrawal, or withholding of life - sustaining treatment in the event of a terminal condition. Source: SL 1991, ch 273 , § 16.

This chapter does not affect the right of a patient to make decisions regarding the use of life - sustaining treatment, so long as the patient is able to do so, or impair or supersede a right or responsibility that a person has to effect the withdrawal or withholding of medical c…

This chapter does not require a physician or other health care provider to take action contrary to accepted medical standards. Source: SL 1991, ch 273 , § 18; SL 2007, ch 193 , § 10.