(4)
The gathering of specimens through nonsurgical procedures for the purpose of laboratory
examination to determine the presence of bacteria, viruses, or other agents of infectious
disease.
34-22-12.
Mandatory communicable disease reports from physicians, laboratories, and
institutions--State tuberculosis register--Surveillance and control--Adoption of rules.
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, laboratories, and
institutions. The State Department of Health shall maintain a complete case register of tuberculosis
suspects, active and presumably active cases, tuberculosis contacts, and arrested or presumably
arrested cases. The State Department of Health shall provide information necessary for disease
surveillance and control. To implement this section, the State Department of Health may adopt,
pursuant to chapter 1-26, rules specifying the methods by which disease reports shall be made, the
contents and timeliness of such reports, and diseases which shall be considered in such reports.
Source: SL 1963, ch 380, § 5 (6); SL 1978, ch 251, §§ 1, 2.
34-22-12.1 Confidentiality of reports--Exceptions.
34-22-12.1.
Confidentiality of reports--Exceptions.
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 as evidence in any action of any kind in any court
or before any tribunal, board, agency, or person. However, the Department of Health may release
medical or epidemiological information under any of the following circumstances:
(1)
For statistical purposes in such a manner that no person can be identified;
(2)
With the written consent of the person identified in the information released;
(3)
To the extent necessary to enforce the provisions of this chapter and rules promulgated
pursuant to this chapter concerning the prevention, treatment, control, and investigation
of communicable diseases;
(4)
To the extent necessary to protect the health or life of a named person;
(5)
To the extent necessary to comply with a proper judicial order requiring release of human
immunodeficiency virus test results and related information to a prosecutor for an
investigation of a violation of § 22-18-31; and
(6)
To the attorney general or an appropriate state's attorney if the secretary of the Department
of Health has reasonable cause to suspect that a person violated § 22-18-31.
Source: SL 1989, ch 296, § 1; SL 2003, ch 184, § 1.
34-22-12.2 Violation of confidentiality as misdemeanor.
34-22-12.2.
Violation of confidentiality as misdemeanor.
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 § 34-22-12.1, or who compels another person to disclose
such medical reports, is guilty of a Class 1 misdemeanor.
Source: SL 1989, ch 296, § 2.
34-22-12.3 Effect of good faith reporting.
34-22-12.3.
Effect of good faith reporting.
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.
34-22-12.4 Compliance with reporting requirements--Liability.
34-22-12.4.
Compliance with reporting requirements--Liability.
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 § 34-22-12. Compliance by a
person or facility with the reporting requirements of § 34-22-12 fulfills any duty of such person or
facility to protect the public health.
Source: SL 1989, ch 296, § 4.
34-22-12.5 Sharing of certain immunization records without consent permitted--Violation as a misdemea...
34-22-12.5.
Sharing of certain immunization records without consent permitted--Violation
as a misdemeanor.
A patient's immunization record, even if the immunization was received prior to
July 1, 1996, may 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 unless the patient's signed refusal to release
immunization information is part of the patient's medical record. If the patient is a minor, the refusal
to release immunization information may be signed by the patient's parent or guardian on behalf of
the minor patient. Any person who receives immunization data pursuant to this section and
knowingly or intentionally discloses or fails to protect the confidentiality of the data is guilty of a
Class 1 misdemeanor.
Source: SL 1996, ch 214.
34-22-13 Consultation and cooperation with physicians and institutions.
34-22-13.
Consultation and cooperation with physicians and institutions.
The State
Department of Health shall have the power and authority, and it shall be the duty of such department,
to consult with physicians, hospitals, institutions, and individuals engaged in diagnosing and treating
tuberculous persons, provide to such persons and institutions clinical information, and refer cases
for diagnosis and treatment upon the request of attending physicians.
Source: SL 1963, ch 380, § 5 (7).
34-22-14 Enforcement of regulations for control of tuberculosis and communicable disease.
34-22-14.
Enforcement of regulations for control of tuberculosis and communicable disease.
The State Department of Health shall have the power and authority, and it shall be the duty of such
department, to provide for the enforcement of regulations for the control and eradication of
tuberculosis and communicable diseases through isolation, prevention, and treatment.
Source: SL 1963, ch 380, § 5 (4).
34-22-15 Institutional care and treatment of tuberculosis--State funds used for payment.
34-22-15.
Institutional care and treatment of tuberculosis--State funds used for payment.
The
State Department of Health shall have the power and authority, and it shall be the duty of such
department, to arrange for the care on a contractual basis of tuberculous persons in South Dakota,
without regard to residence or means tests, at public or private medical installations, within or
outside the state, at which care may be provided and paid for by the state after any insurance,
worker's compensation, retirement plan, or other benefits accruing to the patient shall have been
exhausted; provided, however, that this section shall not be deemed to preclude supplementation by
state funds of such other sources of benefits prior to the exhaustion of the latter.
Source: SL 1963, ch 380, § 5 (2).
34-22-16 Contracts for treatment of tuberculosis by physicians.
34-22-16.
Contracts for treatment of tuberculosis by physicians.
The State Department of
Health shall have the power and authority, and it shall be the duty of such department, to arrange for
the care on a contractual basis of tuberculous persons, without regard to residence or means tests,
by private physicians where home-isolation, out-patient hospital care, or office visits with a
physician will prove desirable and feasible in the cure of the patient and the eradication of
tuberculosis.
Source: SL 1963, ch 380, § 5 (3).
34-22-17 Tuberculosis control supervised by department--Program available regardless of ability to ...
34-22-17.
Tuberculosis control supervised by department--Program available regardless of
ability to pay.
The diagnosis, control, and treatment of suspected or actual cases of tuberculosis in
South Dakota shall be under the supervision and surveillance of the State Department of Health. The
program of diagnosis, control, and treatment of tuberculosis, established in §§ 34-22-7 to 34-22-20,
inclusive, and under rules and regulations issued in compliance with chapter 1-26 in the
implementation of said sections, shall be state-wide in application and shall be available, as a matter
of right, to all persons within the State of South Dakota, regardless of place of residence or ability
to pay.
Source: SL 1963, ch 380, § 4; SL 1972, ch 15, § 4.
34-22-18 Refusal to accept diagnosis or treatment for tuberculosis as misdemeanor.
34-22-18.
Refusal to accept diagnosis or treatment for tuberculosis as misdemeanor.
Any
person in the State of South Dakota reasonably suspected of being infected with tuberculosis shall
accept necessary diagnosis or treatment, or both, and any person who intentionally refuses to accept
such diagnosis or treatment, or both, or who fails to follow the reasonable and necessary directives
of the State Department of Health issued for the protection of other persons, is guilty of a Class 1
misdemeanor.
Source: SL 1963, ch 380, § 6; SL 1977, ch 190, § 60.
34-22-19 Freedom to select physician or institution preserved--Surveillance by department.
34-22-19.
Freedom to select physician or institution preserved--Surveillance by department.
None of the provisions of §§ 34-22-7 to 34-22-18, inclusive, shall be deemed to bar freedom of the
individual to seek diagnosis or treatment, or both, by a physician or in an institution of his choice,
at his own expense, or under entitlement by the federal government, medical or hospital insurance
contracts, workers' compensation, retirement plans, or the medical care and disability provisions of
programs under the supervision of the Department of Social Services; provided, however, that all
cases of suspected or actual tuberculosis in South Dakota shall be under the surveillance of the
Division of Tuberculosis and Communicable Disease Control of the South Dakota Department of
Health, created by § 34-22-8.
Source: SL 1963, ch 380, § 2.
34-22-20 Provisions as to state institutions unchanged.
34-22-20.
Provisions as to state institutions unchanged.
Any other provision of §§ 34-22-7
to 34-22-21, inclusive, to the contrary notwithstanding, nothing in these sections changes the
privileges or responsibilities of patients, inmates, members, or students in, or the duties and powers
of the supervisor or administrator of, the state penitentiary, the South Dakota Human Services
Center, the South Dakota Developmental Center--Redfield, the state training school, and the state
veterans' home.
Source: SL 1963, ch 380, § 7; SL 1989, ch 238, § 20.
34-22-21 Tuberculosis provisions not retroactive.
34-22-21.
Tuberculosis provisions not retroactive.
Sections 34-22-7 to 34-22-20, inclusive,
do not affect rights and duties that matured, penalties that were incurred, and proceedings that were
begun before July 1, 1963.
Source: SL 1963, ch 380, § 9.
34-22-22 Hospital or laboratory to report tuberculosis test results to department--Federal laborato...
34-22-22.
Hospital or laboratory to report tuberculosis test results to department--Federal
laboratories exempt.
When any hospital or private bacteriologic laboratory in the state receives a
specimen for culture to grow or isolate mycobacterium tuberculosis, it shall report to the State
Department of Health the name of the patient from whom the specimen was collected, the name of
the physician in charge of the patient, and the results of the culture whether it be positive or negative.
The report required by this section shall be made within seven days after the results of the culture
have been determined. In no event shall the report be submitted later than eight weeks after the
specimen has been received.
The only exception from the reporting requirements of this section shall be bacteriologic
laboratories operated directly by the federal government or its agencies.
Source: SL 1968, ch 119, § 1.
34-22-23 Inspection of records of hospital or laboratory by secretary.
34-22-23.
Inspection of records of hospital or laboratory by secretary.
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 covered by § 34-22-22 as is deemed necessary to determine compliance with
the provisions of §§ 34-22-22 to 34-22-39, inclusive.
Source: SL 1968, ch 119, § 1.
34-22-24 Tubercular to comply with rules and regulations of state department--Spread of tuberculosi...
34-22-24.
Tubercular to comply with rules and regulations of state department--Spread of
tuberculosis prohibited.
Every person affected with tuberculosis shall comply with all rules and
regulations of the State Department of Health relating to the control and treatment of that disease as
it may promulgate in compliance with chapter 1-26, and no person shall maliciously, wantonly, or
negligently cause, contribute to, or promote the spread of tuberculosis.
Source: SL 1968, ch 119, § 2; SL 1972, ch 15, § 4.
34-22-25 Health officer or physician to report person believed tubercular to department--Contents o...
34-22-25.
Health officer or physician to report person believed tubercular to department--Contents of report.
Any health officer or physician who has information that any person, including
a patient, is by his conduct or mode of living, endangering the health or well-being of his family or
other persons because of tuberculosis, shall make a report thereof to the State Department of Health.
The report shall state the name and address of such person and shall include a summary of the
pertinent information available to and known by the health officer or physician.
Source: SL 1968, ch 119, § 3.
34-22-26 Health officer or physician making report party to proceedings on hospitalization of tuber...
34-22-26.
Health officer or physician making report party to proceedings on hospitalization
of tubercular.
The health officer, or his successor in office, or the physician making the report
referred to in § 34-22-25, shall be deemed a party to all proceedings had in connection therewith.
Source: SL 1968, ch 119, § 3.
34-22-27 Examination of health officer's or physician's report by secretary--Resolution for hospita...
34-22-27.
Examination of health officer's or physician's report by secretary--Resolution for
hospitalization of tubercular.
If, upon the examination of the report required by § 34-22-26, the
secretary of health or his agent shall have reasonable cause to believe that such person is infected
with tuberculosis in the infectious stage and is by his conduct or mode of living endangering the
health or well-being of his family or other persons, he shall so find and may by a notarized
resolution, including all of the material facts and medical conclusions, direct that such person
immediately report and be admitted to a hospital or sanatorium designated in the resolution where
such person shall remain until discharged as no longer infectious by the chief medical officer of the
institution or by his physician at the institution.
Source: SL 1968, ch 119, § 3.
34-22-28 Service of resolution for hospitalization.
34-22-28.
Service of resolution for hospitalization.
A copy of the resolution required by § 34-22-27 shall be served upon such person in the manner of service of a summons in a civil action.
Source: SL 1968, ch 119, § 3.
34-22-29 Refusal of tubercular to obey resolution for hospitalization--Procedure for filing with ci...
34-22-29.
Refusal of tubercular to obey resolution for hospitalization--Procedure for filing
with circuit court and order for hospitalization by judge.
If such person refuses to go to such
institution as directed by the resolution, a copy of the resolution, together with proof of service as
aforesaid certified to by the person who made such service, shall be filed with the clerk of the circuit
court for the county wherein such person resides or wherein he may be found, and upon presentation
thereof to a judge of said court, such judge shall order the sheriff or some other law enforcement
officer to apprehend such person and deliver him to the institution named in the resolution.
Source: SL 1968, ch 119, § 3.
34-22-30 Appeal from secretary's adoption or failure to adopt resolution for hospitalization.
34-22-30.
Appeal from secretary's adoption or failure to adopt resolution for hospitalization.
Any party aggrieved by the resolution of the secretary of health or his agent in committing or
refusing to commit any person on whom a report is made pursuant to § 34-22-25 may appeal
therefrom as provided by chapter 1-26.
Source: SL 1968, ch 119, § 3; SL 1972, ch 15, § 4.
34-22-31
34-22-31 to 34-22-33.
Omitted.
34-22-34 Direct petition to circuit court for commitment of tubercular in case of imminent danger.
34-22-34.
Direct petition to circuit court for commitment of tubercular in case of imminent
danger.
If the secretary of health or his agent shall have reasonable cause to believe that any person
is afflicted with tuberculosis in the infectious stage and that he is, by his conduct or mode of living,
endangering the health or well-being of his family or other persons, and has further reasonable cause
to believe that such person will not willingly or voluntarily comply with the resolution provided for
in § 34-22-27 and that it is imminent to the public health, safety, and welfare, such secretary or his
agent may directly petition the circuit court for the commitment of such person to a hospital or
sanatorium.
Source: SL 1968, ch 119, § 3.
34-22-35 Warrant for commitment on direct petition--Proceeding for discharge of patient.
34-22-35.
Warrant for commitment on direct petition--Proceeding for discharge of patient.
If the circuit court finds and determines it to be to the best interests of such person as described in
§ 34-22-34, his family or the public, then it shall issue a warrant, in duplicate, to the sheriff
committing such person to the custody of the hospital or institution named in its order where the
patient shall remain until discharged therefrom by its chief medical officer or superintendent upon
the finding that such discharge will not endanger the health of any other person, or by the court upon
the petition of the person so committed.
Source: SL 1968, ch 119, § 3.
34-22-36 Commitment to state institution or jail of tubercular refusing hospitalization--Transfer t...
34-22-36.
Commitment to state institution or jail of tubercular refusing hospitalization--Transfer to hospital or home.
If such person as described in § 34-22-34 fails to obey any order of the
court or if there is no facility available for the commitment of such person, the court may with the
approval of the appropriate department head, commit such person to any state institution under the
executive branch's control and supervision until such time as a physician or the secretary of health
or his agent determines that such person may safely be cared for at a private hospital or in his home
or that the person is no longer in an infectious state or endangers the persons around him. Similarly,
the court may commit such person temporarily to a county jail. In either event, the secretary may,
with the approval of the court, authorize the transfer of such person at any time to a private hospital
or his home.
Source: SL 1968, ch 119, § 3; SL 1989, ch 21, § 161.
34-22-37 Expense of commitment and care paid by division.
34-22-37.
Expense of commitment and care paid by division.
The expense of the proceedings
provided for in §§ 34-22-25 to 34-22-36, inclusive, together with all costs for the care, treatment,
and maintenance furnished to any person committed pursuant hereto, shall be paid for by the
Division of Tuberculosis Control of the State Department of Health, in accordance with its
tuberculosis control activities.
Source: SL 1968, ch 119, § 3.
34-22-38 Hospitalized person to obey rules and regulations of hospital facility--Report of violatio...
34-22-38.
Hospitalized person to obey rules and regulations of hospital facility--Report of
violations--Commitment to state institution or county jail.
Any person entering any public or private
hospital, sanatorium, or other facility for tuberculosis care and treatment under the provisions of
§§ 34-22-22 to 34-22-40, inclusive, or any other law, including rules and regulations, of this state,
shall observe all rules and regulations of such facility or facilities. When any person fails to obey
such rules and regulations, a report of his activities shall be filed with the secretary of health. If it
appears to the secretary or his agent and the chief medical officer or physician in charge that such
repeated violations constitute a menace to the facility or to the health or well-being of other persons
in or around such facility or to the public health by the definite threat of spreading tuberculosis to
others, then the secretary may petition the circuit court for the commitment of such person to an
institution of confinement or to a county jail and, upon such a finding and as hereinbefore provided
with regard to such facilities, the court shall enter an order making such commitment.
Source: SL 1968, ch 119, § 4.
34-22-39 Religious rights and practices preserved.
34-22-39.
Religious rights and practices preserved.
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 Contracts for out-of-state care authorized--Expense paid by department.
34-22-40.
Contracts for out-of-state care authorized--Expense paid by department.
The
secretary of health, representing the State Department of Health, is authorized to enter into contracts
with the proper authorities of another state, or municipalities of another state for the support,
maintenance, care, and treatment of persons receiving like institutional care in that area.
The expense of such support, maintenance, care, and treatment as agreed upon shall be paid out
of the funds available to the State Department of Health.
Source: SL 1968, ch 119, § 6; SL 1992, ch 60, § 2.
34-22-41 "Public health emergency" defined.
34-22-41.
"Public health emergency" defined.
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 risk of substantial harm to the affected population.
Source: SL 2002, ch 168, § 1.
34-22-42 Secretary may declare public health emergency--Contents of order.
34-22-42.
Secretary may declare public health emergency--Contents of order.
The secretary
of health, with the consent of the Governor, may declare a public health emergency as defined by
§ 34-22-41. 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.
Source: SL 2002, ch 168, § 2.
34-22-43 Department primarily responsible for public health emergency response--Scope of authority-...
34-22-43.
Department primarily responsible for public health emergency response--Scope
of authority--Promulgation of rules.
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)
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.
Source: SL 2002, ch 168, § 3.
34-22-44 Termination of declared emergency--Renewal.
34-22-44.
Termination of declared emergency--Renewal.
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 § 34-22-42.
Source: SL 2002, ch 168, § 4.
34-22-44.1 Definition of statewide emergency registry volunteer.
34-22-44.1.
Definition of statewide emergency registry volunteer.
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 Security and
Bioterrorism Preparedness and Response Act of 2002;
(2)
"Volunteer," an individual who, without the expectation of receiving compensation for
services, responds to and acts in accordance with a call to service under the SERV SD
program in response to a declared public health emergency as provided for in §§ 34-22-41
to 34-22-44, inclusive.
Source: SL 2009, ch 167, § 1.
34-22-44.2 Statewide emergency registry volunteers--Immunity from civil liability.
34-22-44.2.
Statewide emergency registry volunteers--Immunity from civil liability.
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 official
functions; and
(2)
The damage or injury was not caused by gross negligence or willful and wanton
misconduct by the volunteer.
Source: SL 2009, ch 167, § 2.
34-22-45 (Section effective on the date federal funding received for administering vaccinations for...
34-22-45.
(Section effective on the date federal funding received for administering
vaccinations for first responders.) Voluntary vaccination program for first responders--Exposure to
infectious diseases at disaster locations.
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 personnel, and emergency medical personnel who will be deployed to
sites of bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other disasters.
The vaccinations shall include vaccinations for hepatitis B, diphtheria, tetanus, influenza, and other
vaccinations when recommended by the United States Public Health Service and in accordance with
Federal Emergency Management Agency policy. Immune globulin shall be made available if
necessary. Participation in the vaccination program is voluntary.
Source: SL 2005, ch 185, § 1.
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