Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-12-57 Services of licensed birth center
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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.
SDCL § 34-12-58 Location of birth center
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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.
SDCL § 34-12-59 License required to operate birth center
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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.
SDCL § 34-12-6 Amount of license fee--Disposition
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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 …
SDCL § 34-12-60 Facilities exempt from birth center license requirements
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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.
SDCL § 34-12-61 Application for birth center license
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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…
SDCL § 34-12-62 Promulgation of rules for birth centers
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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 …
SDCL § 34-12-63 Risk assessment system for birth centers
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A birth center shall adopt, implement, and enforce a written risk assessment system that conforms to the patient assessment protocols established pursuant to §
SDCL § 34-12-64 Certain medical foster homes for veterans exempt from chapter
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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…
SDCL § 34-12-65 Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions
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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.
SDCL § 34-12-66 Mammogram reports required to include information on breast density
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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…
SDCL § 34-12-67 The facility shall, prior to the signing of an occupancy contract with a resident and at least annually thereafter, provide electronic copies of the visitation policies and procedures to the resident and the resident's designated family members and shall provide printed copies upon request
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If in accordance with federal or state laws, or if in accordance with best clinical practices during a health emergency, the visitation policies and procedures must be limited or restricted, the facility shall inform each resident and designated family members and shall provide e…
SDCL § 34-12-68 Visitation policies and procedures--Limitations and restrictions--Notice--Review
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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 §
SDCL § 34-12-69 Guidance documents--Visitation--Posting requirement
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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…
SDCL § 34-12-7 Department of Health authorized to issue licenses--Promulgation of rules
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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…
SDCL § 34-12-70 Palliative care--Informational material
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The Department of Health shall make available on its website informational material governing the provision of palliative care. Source: SL 2024, ch 128 , § 2.
SDCL § 34-12-8 Provisional licenses--Circumstances under which issued
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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…
SDCL § 34-12-8.1 Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation
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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 §
SDCL § 34-12-9 License not transferable
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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. 34-12-10. Repealed by SL 2009, ch 164 , § 3. 34-12-11. Repealed by SL 1993, ch 271 , § 2.
SDCL § 34-12B-1 Right to choose pharmacy for filling prescriptions
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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.
SDCL § 34-12B-2 Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions
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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…
SDCL § 34-12B-3 Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as misdemeanor
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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, …
SDCL § 34-12B-4 Pharmacy splitting fees or giving rebate or free equipment and services to nursing facility as misdemeanor
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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…
SDCL § 34-12B-5 Nursing facility prohibited from providing exclusive services to pharmacy
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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…
SDCL § 34-12B-6 Violation as ground for suspension or revocation of license
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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.
SDCL § 34-12B-7 Investigation of complaints
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The Department of Health shall have the responsibility to investigate any complaints or alleged violations of this chapter. Source: SL 1975, ch 225 , § 5.
SDCL § 34-12C-1 Definition of terms
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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 …
SDCL § 34-12C-2 Conditions authorizing health care decision by another--Determination by physician
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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…
SDCL § 34-12C-3 Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician
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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…
SDCL § 34-12C-4 Court - ordered health care--Conditions
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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…
SDCL § 34-12C-5 Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court - ordered investigation
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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 …
SDCL § 34-12C-6 Rights of authorized person as incapacitated person
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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…
SDCL § 34-12C-7 Liability of health care provider--Liability of authorized decision maker
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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…
SDCL § 34-12C-8 Scope of chapter
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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…
SDCL § 34-12C-9 Insertion of urinary catheter into patient under age sixteen without consent of parent or guardian prohibited
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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…
SDCL 34-12D-1
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Source: SL 2019, ch 146 , § 1.
SDCL § 34-12D-10 Treatment of pregnant woman notwithstanding declaration
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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…
SDCL § 34-12D-11 Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider
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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…
SDCL § 34-12D-12 Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider
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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…
SDCL § 34-12D-13 Immunity from civil or criminal liability, and from professional discipline
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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…
SDCL § 34-12D-14 Withdrawal or withholding of treatment neither suicide or homicide
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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…
SDCL § 34-12D-15 Withdrawal or withholding of treatment--Effect upon life insurance or annuity
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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…
SDCL § 34-12D-16 Insurer or health - care provider may not prohibit or require declaration
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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.
SDCL § 34-12D-17 Revocation of or failure to execute declaration--No presumption created concerning intent
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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.
SDCL § 34-12D-18 Patients able to make decisions regarding medical care--Effect upon rights
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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…
SDCL § 34-12D-19 Health care provider not required to deviate from accepted medical standards
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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.
SDCL § 34-12D-2 Declaration--Requirements to execute--Artificial nutrition and hydration
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A competent adult may at any time execute a declaration governing the withholding or withdrawal of life - sustaining treatment. The declaration must be signed by the declarant, or by another at the declarant's direction, and witnessed by two adults, or by a notary public who shal…
SDCL § 34-12D-20 Mercy - killing, euthanasia, suicide, and assisted suicide not condoned
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This chapter does not condone, authorize, or approve mercy - killing or euthanasia, suicide or assisted suicide. Source: SL 1991, ch 273 , § 19.
SDCL § 34-12D-21 Assumption as to valid declaration permissible
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In the absence of actual knowledge to the contrary, a health care provider may assume that a declaration complies with this chapter and is valid. Source: SL 1991, ch 273 , § 20; SL 2007, ch 193 , § 11.
SDCL § 34-12D-22 Validity of declaration--Declarations executed prior to July 1, 1991
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A declaration which meets the execution requirements of the jurisdiction where the declarant was then a resident, the execution requirements of the jurisdiction where executed, or the execution requirements of this chapter, is valid for purposes of this chapter, even if executed …