Title 34 — PUBLIC HEALTH AND SAFETY

If the department has determined by medical or epidemiological information that a person is confirmed to be infected with an active tuberculosis, any middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any d…

No provision of this chapter may be deemed to bar freedom of any person to seek diagnosis or treatment, or both, by a physician or in an institution of the person's choice, at the person's own expense, or under entitlement by the federal government, medical or hospital insurance …

34-22-3 34-22-3 , 34-22-4. Repealed by SL 2002, ch 168 , §§ 36, 37. 34-22-5 Exposure of self or others to communicable disease as misdemeanor. 34-22-6 Compelling vaccination as misdemeanor. 34-22-7 34-22-7 , 34-22-8. Repealed by SL 2015, ch 181 , §§ 5, 6. 34-22-9 State-wide syste…

The secretary of health or his authorized agent shall from time to time at his discretion be authorized to inspect any or all records of any facility as is deemed necessary to determine compliance with the provisions of §

34-22-25 Health officer or physician to report information on person with dangerous communicable disease. 34-22-26 34-22-26 to 34-22-30. Repealed by SL 2015, ch 181 , §§ 22 to 26. 34-22-31 34-22-31 to 34-22-33. Omitted. 34-22-34 34-22-34 to 34-22-38. Repealed by SL 2015, ch 181 ,…

Any health officer or physician who has information that any person, including a patient, is by the person's conduct or mode of living, endangering the health or well-being of the person's family or other persons because of communicable diseases, shall report the information to t…

Nothing in this chapter shall be construed to interfere with the recognized religious rights or practice of any individual who is exercising such rights or practice in good faith. Source: SL 1968, ch 119 , § 5; SL 1977, ch 190 , § 60A. 34-22-40. Repealed by SL 2015, ch 181 , § 32…

34-22-41 "Public health emergency" defined. 34-22-42 Secretary may declare public health emergency--Contents of order. 34-22-43 Department primarily responsible for public health emergency response--Scope of authority--Promulgation of rules. 34-22-44 Termination of declared emerg…

For the purposes of §§ 34-3-26 , 34-16-22 to 34-16-25 , inclusive, and 34-22-41 to 34-22-44 , inclusive, a public health emergency is an occurrence or imminent threat of an illness, health condition, or widespread exposure to an infectious or toxic agent that poses a significant …

The secretary of health, with the consent of the Governor, may declare a public health emergency as defined by §

The department shall have primary jurisdiction, responsibility, and authority for responding to a public health emergency declared pursuant to § 34-22-42 including: (1) Planning and executing public health emergency assessment, mitigation, preparedness, and response; (2) Coordina…

Any public health emergency declared pursuant to § 34-22-42 shall be terminated automatically after thirty days unless renewed by the secretary under the same standards and procedures set forth in §

Terms used in § 34-22-44.2 mean: (1) "Statewide Emergency Registry of Volunteers for South Dakota (SERV SD)," the state's version of the Emergency System for Advance Registration of Health Professions Volunteers authorized by Public Law 107-188, known as the Public Health Securit…

Any volunteer, as defined in § 34-22-44.1 , is immune from civil liability in any action brought in any court in this state on the basis of any act or omission resulting in damage or injury if: (1) The volunteer was acting in good faith and within the scope of the volunteer's off…

The Department of Health shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. For purposes of this section, the term, first responder, means state and local law enforcement personnel, fire department…

Each person who intentionally exposes himself or herself or another person infected with any communicable disease in any public place, except in the person's necessary removal from a public place in a manner not dangerous to the public health, is guilty of a Class 2 misdemeanor. …

It is a Class 2 misdemeanor for any board, physician, or person to compel another by the use of physical force to submit to the operation of vaccination with smallpox or other virus. Source: SL 1903, ch 223 , §§ 1, 3; RC 1919, §§ 7691, 7693; SDC 1939, §§ 27.2201, 27.9938; SL 1977…

The department shall establish and direct the operations of a state-wide system for communicable disease prevention, control, and treatment. The department may promulgate rules, pursuant to chapter 1-26 , to: (1) Conduct communicable disease surveillance which includes detection,…

Source: SL 1998, ch 209 , § 11; SL 2004, ch 234 , § 5.

Syphilis, gonorrhea, and chancroid are designated to be venereal diseases and are contagious, infectious, communicable, and dangerous to the public health. Any person infected with a venereal disease under this section who intentionally exposes another person to infection of that…

Every person other than a physician permitted by law to attend upon pregnant women in the state but not permitted by law to take blood tests, shall cause a sample of the blood of such pregnant woman to be taken by a duly licensed physician and submitted for standard serological t…

In reporting every birth and stillbirth, physicians and others permitted to attend pregnancy cases and required to report births and stillbirths shall state on the birth certificate or fetal death certificate, as the case may be, whether a blood test for syphilis has been made du…

The State Department of Health is hereby empowered and directed to make, in compliance with chapter 1-26 , such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this chapter, including rules and regulations provided for the con…

Any person who violates any of the provisions of this chapter or any lawful rule or regulation made by the Department of Health pursuant to the authority therein granted, or who shall fail or refuse to obey any lawful order issued by any state, county, or municipal health officer…

As used in §§ 34-23-16 to 34-23-18 , inclusive, "physician" or "licensed physician" shall mean physicians licensed under chapter 36-4 . Source: SL 1971, ch 210 , § 2.

Any licensed physician, upon consultation by any minor as a patient, may, with the consent of such person who is hereby granted the right of giving such consent, make a diagnostic examination for venereal disease and prescribe for and treat such person for venereal disease includ…

Treatment of a minor for venereal disease by a county health department, State Health Department, or doctors attached to such departments shall be offered to a minor, if available, upon the minor's request and without the necessity of consent of parents or notification to the par…

In any such case arising under the provisions of §§ 34-23-16 and 34-23-17 the hospital, public clinic, or licensed physician who provides the care or services or who performs medical or surgical care or services shall incur no civil or criminal liability by reason of having made …

Any physician or other person who makes a diagnosis in or treats a case of venereal disease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is a case of venereal disease shall make a report of such case to the health …

It shall be the duty of all local and state health officers to investigate sources of infection of venereal disease, to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution, and otherwise to use every proper means for the repression o…

State, county, and municipal health officers or their authorized deputies within their respective jurisdiction are hereby directed and empowered to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured o…

Any person convicted of being a prostitute or inmate of a disorderly house who may be found to be infected with venereal disease in a stage which, in the opinion of the health officer, is or is apt to become communicable, shall be quarantined or isolated so long as such person is…

All persons who shall be imprisoned or confined in any state, county, or city prison in the state shall be examined for and, if infected, treated for venereal diseases by the health authorities or their deputies. Source: SL 1919, ch 284 , § 4; SDC 1939, § 27.2404.

The authorities of any state, county, or city prison are directed to make available to the health authorities such portion of any state, county, or city prison as may be necessary for a clinic or hospital wherein all persons who may be confined or imprisoned in any such prison an…

Nothing contained in § 34-23-6 or 34-23-7 shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime. Source: SL 1919, ch 284 , § 4; SDC 1939, § 27.2404.

Each physician attending a pregnant woman in this state during gestation shall, in the case of each woman so attended, take or cause to be taken a sample of blood of such woman at the time of the first examination, and submit such sample for standard serological tests for syphili…

Terms used in this chapter mean: (1) "Abortion," the intentional termination of the life of a human being in the uterus; (1A) "Abortion facility," a place where abortions are performed; (1B) "Department," the South Dakota Department of Health; (2) "Fetus," the biological offsprin…

For the purposes of this chapter, an attempt to perform an abortion is an act or omission that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in South Dakota. …

The Legislature finds that all abortions, whether surgically or chemically induced, terminate the life of a whole, separate, unique, living human being. Source: SL 2005, ch 186 , § 1.

The Legislature finds that there is an existing relationship between a pregnant woman and her unborn child during the entire period of gestation. Source: SL 2005, ch 186 , § 2.

The Legislature finds that procedures terminating the life of an unborn child impose risks to the life and health of the pregnant woman. The Legislature further finds that a woman seeking to terminate the life of her unborn child may be subject to pressures which can cause an emo…

The Legislature finds that pregnant women contemplating the termination of their right to their relationship with their unborn children, including women contemplating such termination by an abortion procedure, are faced with making a profound decision most often under stress and …

The Legislature finds that, through the common law, the courts of the State of South Dakota have imposed a standard of practice in the health care profession that, except in exceptional circumstances, requires physicians and other health care practitioners to provide patients wit…

The South Dakota common law cause of action for medical malpractice informed consent claims based upon the reasonable patient standard is reaffirmed and is hereby expressly declared to apply to all abortion procedures. The duty of a physician to disclose all facts about the natur…

34-23A-10.1 Voluntary and informed consent required--Medical emergency exception--Information provided. 34-23A-10.2 Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized. 34-23A-10.3 Publication of educational materials. 34-23A-10.4 De…

No abortion may be performed unless the physician first obtains a voluntary and informed written consent of the pregnant woman upon whom the physician intends to perform the abortion, unless the physician determines that obtaining an informed consent is impossible due to a medica…

A physician who, knowingly or in reckless disregard, violates § 34-23A-2.1 , 34-23A-7 , or 34-23A-10.1 is guilty of a Class 2 misdemeanor. The court in which a conviction of a violation of § 34-23A-2.1 , 34-23A-7 , or 34-23A-10.1 occurs shall report such conviction to the Board o…

The health department shall publish, in culturally sensitive languages, the following printed materials, in such a way as to ensure that the information is easily comprehensible: (1) Materials designed to inform the pregnant woman of all the disclosures enumerated in § 34-23A-10.…

The Department of Health shall, by January 1, 2004, develop and maintain a multi-media website that contains web pages covering each of the following topics: (1) Embryonic and fetal development at various gestational stages; (a) Anatomical and physiological characteristics; and (…

To meet the requirement of subdivision 34-23A-10.1 (1), a physician shall use a form prescribed by the department. The department shall promulgate rules pursuant to chapter 1-26 specifying the form necessary to meet the requirement of this section. Source: SL 2019, ch 149 , § 1, …