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ENTITLED, An Act to
revise the emergency powers of the Department of Health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
34-22
be amended by adding thereto a NEW SECTION to read as
follows:
For the purposes of this Act, 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 risk of substantial harm to the affected population.
Section
2.
That chapter
34-22
be amended by adding thereto a NEW SECTION to read as
follows:
The secretary of health, with the consent of the Governor, may declare a public health emergency
as defined by section 1 of this Act. In declaring a public health emergency, the secretary shall issue
an order that specifies:
(1) The nature of the public health emergency;
(2) The geographic area subject to the declaration;
(3) The conditions that have brought about the public health emergency; and
(4) The expected duration of the state of public health emergency, if less than thirty days.
Section
3.
That chapter
34-22
be amended by adding thereto a NEW SECTION to read as
follows:
The department shall have primary jurisdiction, responsibility, and authority for responding to a
public health emergency declared pursuant to section 2 of this Act including:
(1) Planning and executing public health emergency assessment, mitigation, preparedness, and
response;
(2) Coordinating public health emergency response between state and local authorities;
(3) Collaborating with relevant federal, state, tribal, and local authorities; and
(4) Organizing public information activities regarding public health emergency response
operations.
The Department of Health may promulgate rules, pursuant to chapter 1-26, to implement the
provisions of this section.
Section
4.
That chapter
34-22
be amended by adding thereto a NEW SECTION to read as
follows:
Any public health emergency declared pursuant to section 2 of this Act shall be terminated
automatically after thirty days unless renewed by the secretary under the same standards and
procedures set forth in section 2 of this Act.
Section
5.
That
§
34-3-26
be amended to read as follows:
34-3-26.
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 and sections 8 and 9 of this Act.
Section
6.
That chapter
34-16
be amended by adding thereto a NEW SECTION to read as
follows:
Each county may establish a county board of health which shall be composed of the state's
attorney of the county, who shall be president of the board; a physician, a physician assistant, or nurse
practitioner who practices in the county, appointed by the Department of Health, who shall serve as
superintendent of the board of health; and one other resident of the county.
Section
7.
That chapter
34-16
be amended by adding thereto a NEW SECTION to read as
follows:
The county board of health shall meet at the county seat at such times as the superintendent may
designate. The president of the county board of health shall preside at the meetings.
Section
8.
That chapter
34-16
be amended by adding thereto a NEW SECTION to read as
follows:
The superintendent of the county board of health shall have charge of and superintend, subject
to the approval of the board, all the matters and things specified in this chapter. In case of immediate
danger to the health of persons, the superintendent may act without consultation with the county
board, for the prevention of such danger, and shall immediately report the action to the president of
the county board and to the secretary of health.
Section
9.
That chapter
34-16
be amended by adding thereto a NEW SECTION to read as
follows:
The county board of health, within the territorial limits of its county not included in any first or
second class municipality having its own board of health, may remove or cause to be removed any
dead, decaying, or putrid body, or any decayed, putrid, or other substance that may endanger the
health of persons or domestic animals.
Section
10.
That
§
34-2-1
be repealed.
Section
11.
That
§
34-2-2
be repealed.
Section
12.
That
§
34-2-3
be repealed.
Section
13.
That
§
34-2-4
be repealed.
Section
14.
That
§
34-2-5
be repealed.
Section
15.
That
§
34-2-6
be repealed.
Section
16.
That
§
34-2-7
be repealed.
Section
17.
That
§
34-2-8
be repealed.
Section
18.
That
§
34-2-9
be repealed.
Section
19.
That
§
34-2-10
be repealed.
Section
20.
That
§
34-2-11
be repealed.
Section
21.
That
§
34-2-12
be repealed.
Section
22.
That
§
34-2-13
be repealed.
Section
23.
That
§
34-2-14
be repealed.
Section
24.
That
§
34-2-15
be repealed.
Section
25.
That
§
34-2-16
be repealed.
Section
26.
That
§
34-16-3
be repealed.
Section
27.
That
§
34-16-4
be repealed.
Section
28.
That
§
34-16-6
be repealed.
Section
29.
That
§
34-16-7
be repealed.
Section
30.
That
§
34-16-8
be repealed.
Section
31.
That
§
34-16-9
be repealed.
Section
32.
That
§
34-16-10
be repealed.
Section
33.
That
§
34-16-11
be repealed.
Section
34.
That
§
34-16-12
be repealed.
Section
35.
That
§
34-16-13
be repealed.
Section
36.
That
§
34-22-3
be repealed.
Section
37.
That
§
34-22-4
be repealed.
An Act to revise the emergency powers of the Department of Health.
=========================
I certify that the attached
Act
originated in the
HOUSE as
Bill
No.
1304
____________________________
Chief Clerk
=========================
____________________________
Speaker of the House
____________________________
Chief Clerk
____________________________
President of the Senate
____________________________
Secretary of the Senate
House
Bill
No.
1304
File No. ____
Chapter No. ______
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=========================
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
=========================
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
=========================
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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