Title 34, PUBLIC HEALTH AND SAFETY

The Department of Health created by this chapter shall comprise the Department of Health established by chapter 1-43 , subject to the changes specified in chapter 1-43 . Source: SL 1973, ch 2 , § 214.

The Department of Health shall have the power: (1) To advise the directors of divisions in all matters pertaining to their duties; (2) To exercise general supervision over all health officers and local boards of health in the state. Source: SL 1895, ch 96 , § 5; RPolC 1903, § 242…

The Department of Health shall have the power: (1) To make and alter all rules and regulations as may be required in the interest of the public health; and (2) To advise all state officials and boards in matters relating to hygiene and sanitation. Source: SL 1913, ch 109 , § 4; S…

The South Dakota Department of Health may establish by regulation a fee schedule not otherwise provided by statute for environmental health inspections and licenses provided by the State Department of Health. The fee established by regulation may not exceed the actual cost involv…

The Department of Health may adopt and enforce, subject to chapter 1-26 , orders and rules necessary to preserve and protect the public health and may regulate, by requiring licenses or other appropriate means, control, and, in proper cases, prohibit and suppress any of the follo…

The State Department of Health is hereby authorized to accept and expend any federal funds which become available for medical care and dental health programs to such department in addition to such sums estimated and authorized for expenditure by general appropriation acts, provid…

The Public Health Advisory Committee is abolished, and its functions set forth in §§ 34-1-16 , 34-1-16.1 , 34-1-17 , 34-1-20 , 34-1-21 , 34-1-26 , and 34-1-27 are transferred to the State Department of Health. Source: SL 1980, ch 371 (Ex. Ord. 80-6), § 17.

Hereafter all funds appropriated by the State of South Dakota or otherwise established by the state, or from any other source whatever as a public fund, to be distributed or allotted for any public health program, financed in whole or in part by such public funds or administered …

It shall be the duty of the Department of Health and said department is hereby empowered and directed to adopt such rules and regulations as are necessary to participate with the government of the United States in the administration of Title V of the Federal Social Security Act r…

The state treasurer is hereby authorized to open an account entitled health special services fund to which shall be credited such moneys as may come into the hands of the secretary of health as a result of services rendered any municipality or subdivision of the state, donations …

The funds described in § 34-1-22 are hereby annually appropriated for payment of salaries, travel, and expenditures relating to the sources of revenue, as determined by the secretary of health. The state auditor shall issue warrants upon the funds hereby appropriated upon voucher…

Nothing in this chapter shall be so construed as to interfere with the powers and duties of the secretary of agriculture and natural resources. Source: SL 1913, ch 109 , § 27; RC 1919, § 7674; SDC 1939, § 27.0109; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.

The Department of Health is authorized and empowered, subject to chapter 1-26 , to adopt such rules and regulations not inconsistent herewith as may be necessary for the proper administration of this chapter. Source: SL 1949, ch 105 , § 8; SDC Supp 1960, § 27.0104-1; SL 1972, ch …

Any person feeling aggrieved by any action of the Department of Health shall have the right to appeal pursuant to chapter 1-26 . Source: SL 1913, ch 109 , § 25; RC 1919, § 7672; SDC 1939, § 27.0114; SL 1972, ch 15 , § 4.

Every person violating any regulation of the Department of Health made pursuant to the provisions of this chapter, or violating any lawful direction of any board of health or health officer is guilty of a Class 1 misdemeanor. Source: SL 1913, ch 109 , § 5; SL 1917, ch 353 , § 3; …

The failure to obey the process, subpoena, order, rule, regulation, judgment, or other legal command of the Department of Health or the violation of any rule, regulation, order, or legal command of the department may be enforced by proper legal proceedings in a court of competent…

The position of state health officer is abolished, and all its functions shall be administered by the secretary of health as provided by § 1-43-2 . Source: SL 1974, ch 3 , § 27.

The secretary of health shall establish divisions as may be necessary for the proper functioning of the Department of Health and shall appoint all personnel necessary in the operation of the department pursuant to chapter 3-6D . Source: SL 1949, ch 105 , § 2; SL 1951, ch 134 , § …

The board of county commissioners of any county of this state may establish within its county a full - time county health department and provide for the maintenance thereof. Full - time health departments shall be construed to be an organization under the immediate direction of a…

A full - time district health department shall be construed to be a department organized to serve contiguous territory in two or more adjacent counties, and which shall be under the immediate direction of a health officer and employing trained public health personnel who shall de…

After the initial formation of a full - time district health department other adjacent counties and municipalities of the first class therein may, by resolution of their governing boards, become a part of such district by agreement with the district board of health. Source: SL 19…

When two or more counties unite to form a full - time district health department a district board of health shall be created in the following manner: an appointing committee shall be formed, consisting of a representative of each governing board of each participating county and f…

Originally one member of the district board of health shall be appointed for one year, one member for two years, one member for three years, one member for four years, and one member for five years. Upon the termination of the term of appointment, members shall thereafter be appo…

The membership of the district board of health shall elect a president and a vice - president and the health officer shall be ex officio secretary. Members of the board shall receive no compensation but shall receive their actual and necessary travel expenses incurred in the perf…

The district board of health shall designate the location of and shall provide the office for the district health department and shall furnish it with the necessary equipment, supplies, and personnel. Source: SL 1953, ch 129 , § 10; SDC Supp 1960, § 27.18A10.

The board of health of a full - time county or district health department shall meet at such times and at such places as the county or district health officer may designate but in no instance shall meetings be held less than semiannually. The health officer shall call a meeting w…

Full - time county and district boards of health shall employ a full - time health officer whose term of office shall be four years, and such other personnel as may be determined by the State Department of Health to be needed to efficiently carry on the work of the county or dist…

In the event that the county or district board of health is unable to fill the position of health officer with a full - time physician as provided for in this chapter, it may appoint for a temporary period a part - time health officer. Such part - time health officer shall render…

One or more adjacent counties may submit to the electors of said counties at a general or special election, the question of establishing a county health department. Upon affirmative majority vote in each county, such department may be jointly created. In the event any one county …

The State Department of Health is hereby authorized to use funds which it may receive for public health purposes from federal or other governmental agencies or from nongovernmental agencies both within or without the state for the purpose of making grants to counties or districts…

County commissioners are hereby authorized to arrange by contractual agreements with one or more existing boards of health operating full - time health departments for services for any part or parts of the county adjacent to such full - time health departments. For this purpose s…

Funds for operation and maintenance of full - time health departments shall be derived from the general fund of the participating political subdivisions. Source: SL 1953, ch 129 , § 13; SDC Supp 1960, § 27.18A13; SL 1978, ch 62 , § 28.

In the case of a full - time district health department the cost of operating and maintaining the department, over the estimated moneys available from surpluses, grants, and donations, shall be apportioned by the district board of health among the counties comprising the district…

A full - time county or district board of health shall, at least two weeks before the dates specified by law for the setting up of official budgets, estimate the total cost of operating and maintaining the department for the ensuing fiscal year and the amount of moneys that may b…

In the case of a full - time district health department, all funds made available for the operation of such department from all sources shall be deposited with the county treasurer of the participating county having the largest population as determined by the most recent federal …

The powers and duties of the board of health in a full - time county or district health department shall be the same as those specified for county boards of health and the superintendents thereof as provided for by chapter 34-16 . Source: SL 1953, ch 129 , § 8; SDC Supp 1960, § 2…

Any county or first or second class municipality participating in a full - time district health department may withdraw from the department and board by resolution of its governing board providing no such withdrawal may occur within one year of the date of establishment of the de…

There shall be created in each county maintaining a full - time county health department, a county board of health consisting of seven members to be appointed by the county commissioners as follows: One member shall be a member of such board of county commissioners, appointed for…

The members of the county board of health shall organize by selecting a president and vice - president, and the health officer shall be ex officio secretary. Members of the board shall receive no compensation but shall receive their actual and necessary travel expenses incurred i…

Any municipality of the first class located within a county wherein a full - time county health department has been or is being established, may by mutual agreement between its governing body and the board of county commissioners of said county, merge its health service with such…

In the case of a full - time county health department, all funds made available for the operation of such department from all sources shall be deposited with the county treasurer who shall disburse said funds as provided by law upon vouchers certified by the health officer. Sourc…

When a municipality of the first class participates in the operation of a full - time county health department, the funds made available for the operation of said department may, by mutual agreement between the governing body of said municipality and the board of county commissio…

A full - time county health department may be dissolved by resolution of the board of county commissioners, and a first or second class municipality may withdraw from such department by resolution of its governing body, at any time after one year from the establishment of the dep…

Two or more adjacent counties and municipalities of the first class located therein may, by mutual agreement of their governing boards, establish and maintain a full - time district health department. When municipalities of the first class desire to cooperate in the maintenance o…

The counties and municipalities are hereby authorized to establish a home health agency services special revenue fund. Source: SL 1968, ch 26 .

Fees collected for reimbursable expenditures and for services to patients in their homes by public health nurses, home health aides, physical therapists, and other specialized health personnel who are employees of counties and municipalities shall be receipted into said fund. Sou…

The counties and municipalities are hereby authorized to receive the amount of fees to be charged for such services, that may be received from the patient, home health insurance benefits as provided by the Social Security Act and any amendments thereto, State Department of Social…

Expenditures from such fund shall be used to assist in paying the salaries and expenses of such employees and all other reimbursable expenditures may be made without any additional appropriation authorization by the governing body. Source: SL 1968, ch 26 .

The board of county commissioners or the governing bodies of a municipality may contract for health services with any public or private agency and expend funds for such purpose from the special revenue fund authorized by § 34-3A-1 . Source: SL 1976, ch 210 , § 1.

In lieu of, or in addition to, the expenditures authorized from the special revenue fund pursuant to § 34-3A-5 , such board of county commissioners or the governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities for…