Title 34 — PUBLIC HEALTH AND SAFETY

The agency may, subject to chapter 1-26 , issue, modify or revoke orders prohibiting or abating the discharge of radioactive material or waste into the ground, air, or waters of the state in accordance with the provisions of this chapter and rules and regulations adopted thereund…

The agency shall have authority, subject to chapter 1-26 , to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provision of this chapter or any rules or regulations issued hereunder. Sou…

The agency shall maintain a file of: (1) All license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, revocations, and any administrative or judicial action pertaining thereto; (2) Registrants possessing sources of ionizing radiation …

In any proceeding under this chapter for the granting, suspending, revoking, or amending any license, the agency shall be subject to chapter 1-26 . Source: SL 1967, ch 107 , § 5 (a); SL 1972, ch 15 , § 4.

When the agency, or any of its duly authorized agents, determines that there are reasonable grounds to believe a violation of the provisions of this chapter or of the rules and regulations of the agency has occurred, the director of the agency shall give notice and opportunity fo…

If a hearing is not requested within fifteen days after the receipt of the notice given pursuant to § 34-21-35 , the agency shall issue its order finding that the violation of the chapter or the rules and regulations of the agency has or has not occurred, and shall forthwith forw…

If a hearing is requested after notice given pursuant to § 34-21-35 , such hearing shall be held in compliance with chapter 1-26 within thirty days after the receipt of the request for hearing. Hearings may be conducted by the secretary or hearing officers appointed by the agency…

On the basis of the evidence produced at a hearing pursuant to § 34-21-37 , the secretary or hearing officer shall, in compliance with chapter 1-26 , make and promulgate findings, a decision and, if appropriate, an order. Source: SL 1967, ch 107 , § 5 (b); SL 1972, ch 15 , §§ 3, …

Whenever the secretary finds that an emergency exists requiring immediate action to protect the public health and safety, he may without notice issue an emergency order reciting that an emergency exists and requiring that such action be taken as is necessary to meet the emergency…

34-21-4.1 Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all healing arts to secretary of Department of Health. 34-21-5…

The authority and function of the Department of Water and Natural Resources and the Board of Minerals and Environment as it related to the enforcement of radiation safety control activities and measures pertaining to X ray producing devices and sources of ionizing radiation used …

Any person aggrieved by the issuance of any emergency order pursuant to § 34-21-39 shall be entitled to a hearing in the same manner as is provided in §§ 34-21-35 to 34-21-38 , inclusive. On the basis of such hearing the emergency order may be continued, revoked, or modified as t…

An appeal may be taken from any final order or final determination of the agency as provided by chapter 1-26 . Source: SL 1967, ch 107 , § 5 (d); SL 1972, ch 15 , § 4. 34-21-42, 34-21-43. Omitted.

Any person who violates any of the provisions of, or who fails to perform any duty imposed by this chapter, or who violates any order or rule of the secretary promulgated pursuant to this chapter, shall be guilty of a Class 1 misdemeanor, and in addition thereto may be enjoined i…

It shall be the duty of the attorney general on the request of the agency to bring any action for an injunction against any person violating the provisions of this chapter, or violating any rule or order of the agency. Source: SL 1957, ch 122 , § 9; SDC Supp 1960, § 27.9959.

This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary thereto, except to the extent that the same are in dir…

Any agency of the United States government shall notify the Governor before transporting any radioactive waste through the state. Source: SL 1980, ch 243 , § 1.

The notice required in § 34-21-47 shall be delivered, in writing, at least seventy - two hours before the transporting occurs. Source: SL 1980, ch 243 , § 2.

Unless the terms of §§ 34-21-47 and 34-21-48 are complied with no radioactive waste may be transported through the state. Source: SL 1980, ch 243 , § 3.

In accordance with the laws of the state, the agency may employ, compensate, and prescribe the powers and duties of such persons as may be necessary to carry out the provisions of this chapter. The secretary may delegate to officers and employees of the agency such functions, dut…

If any application is filed with any local, state, or federal agency for a permit for any facility or operation for the transportation, storage, treatment, or disposal of radioactive waste or hazardous waste within fifty miles of the borders of the State of South Dakota, which ma…

The investigation required in § 34-21-50 shall ascertain whether the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has, during the previous ten years: (1) Been convicted of or pled guilty to any violation of federal or state…

If the investigation required in §§ 34-21-50 and 34-21-51 finds that the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has been convicted of a felony as provided in § 34-21-50 , or has violated any permit, as provided in § 3…

The agency may institute training programs for the purpose of qualifying personnel to carry out the provisions of this chapter, and may make personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in further…

The agency shall develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation, the development of uranium resources, and the natural occurrences of radiation and for their mitigation. Source: SL 1957, ch 122 , § …

The agency may encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation hazards, measurement of radiation, effects on health of exposure to radiation, monitoring of radiation levels in the environment a…

The agency shall advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter and to avoid duplication…

Repealed.

Superseded.

The Legislature of the State of South Dakota hereby enacts and ratifies the agreement set forth in this section and designates this compact as the "Southwestern Low-Level Radioactive Waste Disposal Compact," which is entered into pursuant to the Low-Level Radioactive Waste Policy…

Terms used in this chapter mean: (1) "Facility approved by the state," a facility for which there is a license, permit, letter of agreement, or other means by which the state officially accepts the treatment, storage, recycling, incineration, or disposal method for radioactive ma…

Notwithstanding any declaration by the United States government that certain radioactive materials, wastes, sites, and practices may be exempt from regulatory control or below regulatory concern, no radioactive materials may be recycled, stored, incinerated, treated, used, or rel…

The provisions of this chapter do not apply to radioactive materials used in the provision of diagnostic and therapeutic services to humans, biomedical research radioactive materials used in South Dakota higher education institutions for instructional and research activities that…

Source: SL 1989, ch 296 , § 1; SL 2003, ch 184 , § 1.

Terms used in this chapter mean: (1) "Carrier," a person who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source or reservoir of infection for other persons; (2) "Communicable disease," includes: (a) An illness due t…

If necessary the Department of Health may establish and enforce a system of quarantine against the introduction into the state of any communicable disease by a common carrier doing business across the state's borders. Any member, officer, or agent of the department may board any …

The State Department of Health shall have the power and authority, and it shall be the duty of such department, to provide laboratory and radiological services necessary for the maintenance of a control and eradication program for tuberculosis and communicable diseases. Source: S…

The department may provide facilities and personnel which will encourage participation in prescribed screening of the general population and high-risk segments of the general population through testing for communicable diseases. Source: SL 1963, ch 380 , § 5 (5); SL 2015, ch 181 …

Notwithstanding the provisions of chapter 36-4 and chapter 36-9 , any person performing specific health services under federal, state, and local programs affecting the public health, shall carry out such services through medically accepted procedures approved by the State Board o…

The term, specific health services, as it relates to § 34-22-11.1 shall include the following: (1) Application of intradermal skin tests for the purpose of determining the presence of tuberculosis; (2) Venipuncture for the purpose of drawing blood for laboratory examinations to d…

The State Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of communicable disease, communicable disease carriers, and laboratory tests for communicable disease carriers, from all physicians, hospitals, …

Any report required to be submitted pursuant to § 34-22-12 is strictly confidential medical information. No report may be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise. No report is admissible a…

Except as provided in § 34-22-12.1 , any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to § 34-22-12 who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under § 34…

Good faith reporting or disclosure pursuant to § 34-22-12 does not constitute a libel or slander or a violation of the right of privacy or privileged communication. Source: SL 1989, ch 296 , § 3.

Any person who in good faith complies with the reporting requirements of § 34-22-12 is immune from civil and criminal liability for such action taken in compliance with the provisions of §

A patient's immunization record shall be shared among health care providers, health care facilities, federal or state health agencies, child welfare agencies, schools, or family day care facilities, without the consent of the patient or the person acting on the patient's behalf u…

The department has the authority to consult with physicians, hospitals, institutions, and individuals engaged in diagnosing and treating any person diagnosed with or reasonably suspected of being exposed to a communicable disease. Source: SL 1963, ch 380 , § 5 (7); SL 2015, ch 18…

The department has the authority to provide for the enforcement of regulations for the control and eradication of communicable diseases through isolation, prevention, and treatment. Source: SL 1963, ch 380 , § 5 (4); SL 2015, ch 181 , § 11. 34-22-15, 34-22-16. Repealed by SL 2015…

The diagnosis, control, and treatment of suspected or confirmed cases of communicable diseases in the state shall be under the supervision and surveillance of the department. The program of diagnosis, control, and treatment of communicable diseases, established in this chapter an…

Any person in the state reasonably suspected of having active tuberculosis, middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emerg…