Title 34 — PUBLIC HEALTH AND SAFETY

The department may revoke the registry identification card of any cardholder who knowingly commits multiple unintentional violations or a serious knowing violation of this chapter. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

Revocation under § 34-20G-80 , 34-20G-83 , or 34-20G-84 is a final decision of the department subject to judicial review. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 127 , § 2.

Data in a registration application and supporting data submitted by a qualifying patient, designated caregiver, nonresident cardholder, or medical cannabis establishment, including data on designated caregiver or practitioner, is not a public record open to public access, inspect…

Except as provided in § 34-20E-2 , data kept or maintained by the department may not be used for any purpose not provided for in this chapter and may not be combined or linked in any manner with any other list or database. Source: Initiated Measure No. 26, approved Nov. 3, 2020, …

Confidential data or data that is not a public record kept or maintained by the department may only be disclosed as necessary to: (1) Verify a registration certificate or registry identification card pursuant to this chapter; (2) Notify law enforcement of an apparent criminal vio…

The department shall submit the name and date of birth of a qualifying patient who receives a registry identification card to the prescription drug monitoring program authorized pursuant to chapter 34-20E . Source: SL 2024, ch 132 , § 11.

Except as otherwise provided in this section, information kept or maintained by a medical cannabis establishment may identify a cardholder only by registry identification number and may not contain names or other personally identifiable information. A cardholder may, in writing, …

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 134 , § 2.

At the cardholder's request, the department may confirm the cardholder's status as a registered qualifying patient or a registered designated caregiver to a third party, such as a landlord, school, medical professional, or court. Source: Initiated Measure No. 26, approved Nov. 3,…

Any department hard drive or other data-recording media that is no longer in use and that contains cardholder information shall be destroyed. Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.

The Executive Board of the Legislative Research Council shall appoint an oversight committee consisting of: (1) Two members of the Senate; (2) Two members of the House of Representatives; (3) One physician licensed in accordance with chapter 36-4 ; (4) One physician assistant lic…

Beginning in 2023, and every two years thereafter, the oversight committee shall select from among itself one legislator to serve as the chair and one legislator, from the opposite chamber, to serve as the vice chair. Beginning in 2025, the legislators selected to serve as the ch…

The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the Legislature and the department regarding: (1) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medica…

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 136 , § 1; SL 2022, ch 136 , § 2, eff. Jun. 30, 2025.

The Department of Education and the department shall establish policy to allow students who are medical cannabis cardholders to have their medicine administered in school in accordance with their physician's recommendation. This policy shall be implemented the first day of the ne…

In order for an individual who is serving a probationary sentence under the supervision of the Unified Judicial System or who is on conditional release or parole from a state correctional facility under the legal custody of the Department of Corrections to utilize medical cannabi…

Terms used in this chapter mean: (1) "Medical supply," any product necessary to administer a prescription drug; and (2) "Participating pharmacy," a pharmacy that: (a) Is licensed pursuant to chapter 36-11 ; and (b) Has provided written notice to the State Board of Pharmacy regard…

Except as otherwise provided in this section, a participating pharmacy may accept a donation of prescriptions drugs and medical supplies if: (1) The drugs and medical supplies are in the original, sealed, and tamper-evident packaging, unless the drugs are in single-unit-dose pack…

A donated drug or medical supply may not be dispensed until a pharmacist, holding a permit issued in accordance with § 36-11-32 , has inspected the drug or medical supply and repackaged it, as necessary, for dispensing. Source: SL 2022, ch 137 , § 3.

A participating pharmacy shall: (1) Comply with all applicable federal and state laws regarding the storage and dispensing of any donated drugs and medical supplies; (2) Accept a prescription transferred pursuant to rules promulgated in accordance with chapter 1-26 by the State B…

A drug or medical supply that has been donated may not be resold or considered eligible for reimbursement under the medical assistance program, as set forth in chapter 28-6 . Nothing in this section requires a health plan or pharmacy benefit manager to be reimbursed for donated d…

A participating pharmacy may charge a fee, in an amount established by the State Board of Pharmacy, for accepting, distributing, or dispensing donated prescription drugs and medical supplies. Source: SL 2022, ch 137 , § 6.

The State Board of Pharmacy shall promulgate rules, in accordance with chapter 1-26 , to: (1) Establish eligibility criteria for persons to receive donated drugs and medical supplies, provided the criteria: (a) Prioritize persons who are indigent or without insurance coverage; an…

A drug manufacturer, acting reasonably and in good faith, is not subject to criminal prosecution, or civil liability, for the death of or injury to a person, or for damage to or destruction of property, resulting from any donation, acceptance, or dispensing of a prescription drug…

The State Board of Pharmacy shall develop and maintain, for use by prescribers and pharmacists, an electronic database that provides a searchable inventory of prescription drugs and medical supplies donated under this chapter. The board shall post a current list of participating …

Whereas radiation and uranium resources can be instrumental in the improvement of health, welfare, and productivity of the public if properly utilized and developed, and may impair the health of the people and the industrial and agricultural potentials of the state if improperly …

The containment, disposal, or deposit of high level and nuclear fuel cycle wastes, defense wastes, nuclear wastes, radioactive substances, or radioactively contaminated materials or the processing of high level nuclear wastes may not be established, allowed or permitted within th…

The agency may accept and administer loans, grants, or gifts from the federal government and from other sources, public or private, for carrying out of any of its functions. Source: SL 1957, ch 122 , § 4; SDC Supp 1960, § 27.17A04 (3); SL 1967, ch 107 , § 2.

The agency shall collect and disseminate information relating to the determination and control of radiation exposure hazards. Source: SL 1957, ch 122 , § 4; SDC Supp 1960, § 27.17A04 (5); SL 1967, ch 107 , § 2.

The agency shall, in compliance with chapter 1-26 , and upon recommendation of the Board of Minerals and Environment, adopt, promulgate, and enforce any rules and regulations as may be necessary to implement or effectuate the powers and duties of the agency under this chapter. So…

The agency shall develop programs, with due regard for compatibility with federal programs, for regulation and inspection of by - product, source, and special nuclear materials and other sources of radiation. The agency may require persons responsible for facilities which may rel…

The agency may exercise all incidental powers necessary to carry out the purposes of this chapter. Source: SL 1957, ch 122 , § 4; SDC Supp 1960, § 27.17A04 (10); SL 1967, ch 107 , § 2.

The agency shall, in compliance with chapter 1-26 , prescribe rules or regulations necessary for the control of radiation. Source: SDC Supp 1960, § 27.17A04 (12) as added by SL 1967, ch 107 , § 2; SL 1972, ch 15 , § 4.

It is a Class 1 misdemeanor for any person to produce radiation, or to produce, use, store, or dispose of radioactive materials, except in accordance with the provisions of this chapter and rules and regulations promulgated thereunder. Source: SL 1957, ch 122 , § 5; SDC Supp 1960…

The agency, upon request, shall render opinions concerning plans and specifications on the design and shielding for radiation sources that may be submitted before or after construction, for the purpose of determining the possible radiation hazard. The agency shall request that th…

The Department of Health may require licensing of all sources of ionizing radiation. The annual license shall be accompanied by an annual license fee. The annual license fee shall be as follows: (1) One diagnostic X ray system, one hundred dollars; (2) Two to five diagnostic X ra…

The agency, upon recommendation of the Board of Minerals and Environment, shall, in compliance with chapter 1-26 , provide by rules or regulations for general or specific licensing of by - product, source, and special nuclear materials, or devices or equipment utilizing those mat…

Terms used in this chapter mean: (1) By - product material, any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (2) General license, a li…

It is a Class 1 misdemeanor for any person to produce radiation, or to produce, transport, transfer, receive, acquire, possess, use, store, or dispose of radioactive materials, unless the person registers in writing with the secretary or obtains a license from the secretary in ac…

The agency may provide for recognition of other state or federal licenses as the agency may deem desirable. Any person who, on the effective date of an agreement under § 34-21-3 , possesses a radiation license issued by the federal government shall be deemed to possess the same p…

It is a Class 1 misdemeanor for any person registered or licensed with the agency pursuant to § 34-21-20 to modify, extend, or alter programs involving the production of radiation or the production, use, storage, or disposal of radioactive materials unless he notifies the secreta…

It is a Class 1 misdemeanor for any person to expose any other person to diagnostic or therapeutic radiation unless: (1) The person giving diagnostic or therapeutic radiation is licensed to practice the healing art or is a duly licensed dentist in the State of South Dakota; (2) T…

The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and any other records as the agency may require subject to any exemptions provided by rules or regulati…

The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules and regulations of the agency. Source: SDC Sup…

Copies of the records required to be kept by §§ 34-21-24 and 34-21-25 shall be submitted to the agency on request. Source: SDC Supp 1960, § 27.17A04 (20) as added by SL 1967, ch 107 , § 2.

Any person possessing or using a source of ionizing radiation shall furnish to each employee, for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, at any time such employee has received excessive exposure, and upon termination of…

The agency or its authorized representative may enter at reasonable times upon any private or public property for the purpose of inspecting, monitoring, and investigating conditions relative to the purposes of this chapter. Any authorized representative of the agency may examine …

Designated representatives of the agency shall inspect and examine any sources of radiation it desires, in order to evaluate compliance with the adopted radiation - protection and monitoring standards of the agency. If it is determined that environmental monitoring standards of t…

The Governor, on behalf of this state, is authorized to enter into agreements with the United States Nuclear Regulatory Commission providing for the discontinuance of certain regulatory authority of the Commission and the assumption thereof by this state, as provided for in 42 U.…

The agency may make inspections of radiation sources, shielding, and immediate surroundings for the determination of any possible radiation hazard; and shall provide the owner, user, or operator thereof with a report of any known or suspected deficiencies. Source: SL 1957, ch 122…