Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-12-31 No charge against resident funds for services paid under medical assistance program
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No nursing facility may impose a charge against the moneys and funds of a resident for any item or service for which payment is made under the medical assistance program under chapter 28-6 or the federal medicare program. Source: SL 1991, ch 271 , § 7.
SDCL § 34-12-32 Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor
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Any person engaged in the business of operating a home or facility for the purpose of providing residential services for compensation to two or more elderly or disabled persons not related to the owner by blood or marriage shall register annually with the State Department of Heal…
SDCL § 34-12-33 Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection
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Upon receipt of a complaint, the Department of Health may enter and inspect any establishment or facility registered or required to be registered pursuant to § 34-12-32 to determine if there are violations of the licensing provisions of this chapter. Before entering an establishm…
SDCL § 34-12-34 Failure to register--Notice--Closure
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If a health care facility has not secured a license pursuant to this chapter, the State Department of Health shall notify the owner or operator of such facility. If the owner or operator refuses or fails to comply with the provisions of § 34-12-5 within fourteen calendar days aft…
SDCL § 34-12-35 Repealed by SL 1991, ch 272 , § 10
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34-12-35.1
SDCL § 34-12-35.1 Repealed by SL 1993, ch 246 , § 1
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34-12-35.2
SDCL § 34-12-35.10 Nursing facility beds at Michael J
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Fitzmaurice Veterans Home. Notwithstanding the provisions of § 34-12-35.4 , the Department of Veterans Affairs may increase the number of nursing facility beds at the Michael J. Fitzmaurice Veterans Home. The total number of beds the nursing facility may operate may not exceed se…
SDCL § 34-12-35.11 Repealed
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Source: SL 2017, ch 151 , § 2; SL 2025, ch 134 , § 1.
SDCL § 34-12-35.12 Regional nursing facility--Designation
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A nursing facility may submit to the Department of Human Services an application for designation as a regional nursing facility. In order to obtain the designation, a nursing facility must: (1) Be enrolled and in good standing with South Dakota Medicaid; (2) Provide home and comm…
SDCL § 34-12-35.2 Repealed by SL 1995, ch 193 , § 1
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34-12-35.3
SDCL § 34-12-35.3 Repealed by SL 2000, ch 168 , § 3, eff
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June 30, 2005. 34-12-35.4 Number of beds in nursing facility. 34-12-35.5 Access critical nursing facilities. 34-12-35.6 Redistribution of existing nursing facility beds. 34-12-35.7 Annual consideration of need for additional nursing facility beds or new nursing facilities . 34-12…
SDCL § 34-12-35.4 Number of beds in nursing facility
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No nursing facility in this state may operate more than the number of beds authorized by the Department of Health pursuant to this chapter and in existence on July 1, 2005. Source: SL 2005, ch 180 , § 1.
SDCL § 34-12-35.5 Access critical nursing facilities
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The Department of Human Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria: (1) No other nursing facility is l…
SDCL § 34-12-35.6 Redistribution of existing nursing facility beds
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Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , the Department of Health may authorize the increase in the number of beds in an existing nursing facility or may authorize the construction of a new nursing facility as defined in § 34-12-1.1 , so long as the total …
SDCL § 34-12-35.7 Annual consideration of need for additional nursing facility beds or new nursing facilities
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The Department of Health, with assistance from the Department of Human Services, shall annually consider the need for additional nursing facility beds or additional new nursing facilities or both in the state. The following factors shall be taken into consideration: (1) The curre…
SDCL § 34-12-35.8 Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules
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If a need for additional nursing facility beds or additional new nursing facilities or both in a defined area is identified by the Department of Health in accordance with § 34-12-35.7 , the department shall solicit and evaluate proposals to address the identified need. In doing s…
SDCL § 34-12-35.9 Authorization to increase number of nursing facility beds
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Notwithstanding the provisions of § 34-12-35.4 , an existing nursing facility as defined in § 34-12-1.1 may increase its number of beds with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive. Any existing nursing facility a…
SDCL § 34-12-36 Repealed by SL 1991, ch 272 , § 10
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34-12-36.1
SDCL § 34-12-36.1 Repealed by SL 1993, ch 246 , § 2
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34-12-37 Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities. 34-12-38 Interest of Department of Social Services in funds of deceased resident receiving medical assistance. 34-12-39
SDCL § 34-12-37 Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities
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A nursing facility which limits its admissions to only those persons who have resided in an adjacent self - care living unit operated by the nursing facility for at least one year, which also maintains an endowment to provide nursing bed care for such persons who are unable to pa…
SDCL § 34-12-38 Interest of Department of Social Services in funds of deceased resident receiving medical assistance
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Upon the death of a resident, the Department of Social Services is entitled to recover any funds of the resident kept or maintained by the home or other facility if the resident was receiving medical assistance from the department at the time of death. The home or other facility …
SDCL § 34-12-39 Repealed by SL 1995, ch 193 , § 2
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34-12-39.1
SDCL § 34-12-39.1 Repealed by SL 2000, ch 168 , § 3, eff
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June 30, 2005. 34-12-39.2 New nursing facilities--Limitations--Requirements. 34-12-39.3
SDCL § 34-12-39.2 New nursing facilities--Limitations--Requirements
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No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and has met at least one of the following requirements to: (1) Eliminate or prevent imminent safety hazards as define…
SDCL § 34-12-39.3 Repealed by SL 2010, ch 170 , § 2, eff
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June 30, 2013. 34-12-39.4 New nursing facility as part of existing facility. 34-12-39.5 Authorization to construct new nursing facility. 34-12-39.6 Closure of existing nursing facility--Availability of authorized beds. 34-12-39.7 Authorization to construct new nursing facility in…
SDCL § 34-12-39.4 New nursing facility as part of existing facility
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Notwithstanding the provisions of § 34-12-39.2 , a new nursing facility as defined in§ 34-12-1.1 may be constructed, operated, and maintained as part of an existing nursing facility licensed under chapter 34-12 if: (1) The new nursing facility is located within fifteen miles of t…
SDCL § 34-12-39.5 Authorization to construct new nursing facility
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Notwithstanding the provisions of § 34-12-39.2 , a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive. Any new nursing facility…
SDCL § 34-12-39.6 Closure of existing nursing facility--Availability of authorized beds
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Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases operation, the authorized beds from that existing facility shall be held available by the department for eighteen months from the date the facility closes and shall be available for use b…
SDCL § 34-12-39.7 Authorization to construct new nursing facility in Moody County
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Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , a new nursing facility may be constructed and operated on the Flandreau Santee Sioux Reservation in Moody County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursin…
SDCL § 34-12-39.8 Authorization to construct new nursing facility in Lyman County
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Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , a new nursing facility may be constructed and operated on the Lower Brule Sioux Reservation in Lyman County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursing fac…
SDCL § 34-12-4 Lodging establishments exempt from chapter
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Nothing in this chapter shall apply to lodging establishments or other similar places that furnish only board and room, or either, to their guests. Source: SL 1945, ch 108 , § 2; SL 1953, ch 123 , § 2; SDC Supp 1960, § 27.1202.
SDCL § 34-12-40 Continuing care agreement defined
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For the purposes of §§ 34-12-40 to 34-12-47 , inclusive, a continuing care agreement is an agreement to provide a person board and lodging, in addition to care in a nursing facility or assisted living center, as defined in § 34-12-1.1 , for the duration of the person's life, in c…
SDCL § 34-12-41 Entrance fee defined
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For the purposes of §§ 34-12-40 to 34-12-47 , inclusive, an entrance fee is an initial or deferred transfer to a provider of a sum of money, or other property, made or promised to be made, as a full or partial consideration for acceptance of the person in the facility under a con…
SDCL § 34-12-42 Continuing care retirement community defined
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For the purposes of §§ 34-12-40 to 34-12-47 , inclusive, a continuing care retirement community is a facility that offers any person, under a continuing agreement, board and lodging, in addition to care in a nursing facility or assisted living center, regardless of whether the lo…
SDCL § 34-12-43 Agreements--Exemptions--Insurance
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A continuing care retirement community and any agreement it enters into with its residents is not subject to any provision of Title 58 except as contained in this section. This section does not provide any exemption for the sale of long - term care or other insurance product to a…
SDCL § 34-12-44 Information to be provided
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A continuing care retirement community shall provide the following information to any resident or prospective resident: information about all owners and operators of the facility; the affiliation, if any, with other charitable, nonprofit, or religious organizations and any financ…
SDCL § 34-12-45 Escrow of fees
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Any provider proposing to develop a new continuing care retirement community, which has not previously been in operation in this state, shall establish an escrow account with a bank in this state. Any entrance fees or portions of the entrance fees collected from prospective resid…
SDCL § 34-12-46 Construction--Fees
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Any new continuing care retirement community may not start construction until escrowed deposits of at least ten percent of the proposed entrance fee has been received for at least fifty percent of the proposed living units planned to be constructed. This section does not apply to…
SDCL § 34-12-47 Notification of escrow accounts
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The provider shall notify the director of the Division of Insurance when the required amount of escrowed deposits have been reached for construction to start. In addition, notice shall be provided to the director of the Division of Insurance when escrowed deposits are released to…
SDCL § 34-12-49 Repealed by SL 2003, ch 180 , § 3, effective June 30, 2005
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34-12-49 Repealed by SL 2003, ch 180 , § 3, effective June 30, 2005. 34-12-50 Court order for medical treatment of disabled adult under treatment by spiritual means. 34-12-51 Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability…
SDCL § 34-12-5 Application for license--Contents--Issuance of license--Denial--Contesting the denial
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Any applicant desiring a license or a license renewal shall file with the State Department of Health an application verified under oath and in a form prescribed by the department. The application shall contain the following: (1) The name and address of the applicant and operator;…
SDCL § 34-12-50 Court order for medical treatment of disabled adult under treatment by spiritual means
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If a disabled adult is under treatment solely by spiritual means, the court may, upon good cause shown, order that medical treatment be provided for that disabled adult. Source: SL 2005, ch 120 , § 340, eff. July 1, 2006.
SDCL § 34-12-51 Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability
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Any institution regulated pursuant to chapter 34-12 and any employee, agent, or member of a medical or dental staff thereof who, in good faith, makes a report of abuse, exploitation, or neglect of any elder or disabled adult, is immune from any liability, civil or criminal, that …
SDCL § 34-12-52 Definition of terms related to trauma care system
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Terms used in this section and §§ 34-12-53 to 34-12-55 , inclusive, mean: (1) "Department," the Department of Health; (2) "Emergency medical services," health care provided to the patient at the scene, during transportation to a medical facility, between medical facilities, and u…
SDCL § 34-12-53 Trauma care system and statewide trauma registry
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The department shall develop, implement, and administer a trauma care system including a statewide trauma registry that involves all hospitals, freestanding emergency medical care facilities, rural emergency hospitals, and emergency medical services within the state. Source: SL 2…
SDCL § 34-12-54 Promulgation of rules regarding trauma care system
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The department shall promulgate rules, pursuant to chapter 1-26 , to provide for a trauma care system and statewide trauma registry. The rules shall include: (1) Designation of the levels of trauma hospitals or freestanding emergency medical care facilities and the resources each…
SDCL § 34-12-55 Each facility to meet requirements of one of designated levels of trauma hospital
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Each hospital or freestanding emergency medical care facility shall meet the requirements of one of the designated levels of trauma hospitals as provided for in §
SDCL § 34-12-56 Nursing facility construction on American Indian reservations
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Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2 , a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained on any American Indian reservation that is wholly or partially located west of the one hundred second meridian if the fac…
SDCL § 34-12-56.1 Repealed
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Source: SL 2016, ch 173 , § 1; SL 2016, ch 173 , § 2, eff. June 30, 2021.
SDCL § 34-12-56.2 Nursing facility on Cheyenne River Indian Reservation
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Notwithstanding the provisions of §§ 34-12-39.2 and 34-12-35.4 , a new nursing home may be operated and maintained on the Cheyenne River Indian Reservation located in Eagle Butte, South Dakota. The nursing facility shall meet the specifications of this chapter for a licensed nurs…