The gathering of specimens through nonsurgical procedures for the purpose of laboratory
examination to determine the presence of bacteria, viruses, or other agents of
Mandatory communicable disease reports from physicians, laboratories, and
institutions--State tuberculosis register--Surveillance and control--Adoption of rules.
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.
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:
For statistical purposes in such a manner that no person can be identified;
With the written consent of the person identified in the information released;
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;
To the extent necessary to protect the health or life of a named person;
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
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.
SL 1989, ch 296, § 1; SL 2003, ch 184, § 1.
34-22-12.2 Violation of confidentiality as misdemeanor.
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.
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
Source: SL 1989, ch 296, § 3.
34-22-12.4 Compliance with reporting requirements--Liability.
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 immunization records permitted unless signed refusal in medical record--Violati...
Sharing of immunization records permitted unless signed refusal in medical
record--Violation as a misdemeanor.
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 unless the patient's signed refusal to release immunization information is part of the patient's
medical record. The provider shall provide notice in any written form to the patient, or if the patient
is a minor, the patient's parent or guardian of the patient's ability to refuse to permit immunization
information to be shared. 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; SL 2015, ch 182, § 1.
34-22-13 Consultation with physicians and institutions.
Consultation with physicians and institutions.
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 181, § 10.
34-22-14 Enforcement of regulations for control of communicable diseases.
Enforcement of regulations for control of communicable diseases.
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.
Repealed by SL 2015, ch 181, §§ 12, 13.
34-22-17 Communicable disease control supervised by department--Program applied statewide.
Communicable disease control supervised by department--Program applied
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 and rules
promulgated pursuant to this chapter shall be applied statewide.
Source: SL 1963, ch 380, § 4; SL 1972, ch 15, § 4; SL 2015, ch 181, § 14.
34-22-18 Refusal to accept diagnosis or treatment or to follow directives as misdemeanor.
Refusal to accept diagnosis or treatment or to follow directives as misdemeanor.
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 emergency
pursuant to § 34-22-42, shall accept necessary diagnosis or treatment, or both. Any person who
intentionally refuses to accept the diagnosis or treatment, or both, or who fails to follow the
reasonable and necessary directives of the department 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; SL 2015, ch 181, § 15.
34-22-18.1 Action for injunction to enforce department directive or order--Confidential information.
Action for injunction to enforce department directive or order--Confidential
If the department has determined by medical or epidemiological information that a
person is infected with, or is reasonably suspected of having active tuberculosis, any 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
emergency pursuant to § 34-22-42, and that person presents a health threat to others, the department
may commence an action in circuit court, pursuant to chapters 15-6 and 21-8, for injunctive relief
as necessary to enforce any applicable department directive or order. The court shall treat
individually identifying information including the gender, age, ethnicity, race, national origin,
location, or identity of any person subject to the proceedings as strictly confidential information. If
necessary, identifying numbers or initials may be used to protect the individually identifying
information of the person.
Source: SL 2015, ch 181, § 33.
34-22-19 Freedom to select physician or institution preserved--Cases under surveillance of departme...
Freedom to select physician or institution preserved--Cases under surveillance of
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
contracts, workers' compensation, retirement plans, or the medical care and disability provisions of
programs under the supervision of the Department of Social Services. However, all cases of
suspected or confirmed tuberculosis or other communicable diseases in the state shall be under the
surveillance of the department.
Source: SL 1963, ch 380, § 2; SL 2015, ch 181, § 16.
34-22-20 to 34-22-22.
Repealed by SL 2015, ch 181, §§ 17 to 19.
34-22-23 Inspection of records of hospital or laboratory by secretary.
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 as is deemed necessary to determine compliance with the provisions of § 34-22-25.
Source: SL 1968, ch 119, § 1.
Repealed by SL 2015, ch 181, § 20.
34-22-25 Health officer or physician to report information on person with dangerous communicable di...
Health officer or physician to report information on person with dangerous
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 the department. The report shall state the name and address of the person and shall
include a summary of the pertinent information available and known by the health officer or
Source: SL 1968, ch 119, § 3; SL 2015, ch 181, § 21.
34-22-26 to 34-22-30.
Repealed by SL 2015, ch 181, §§ 22 to 26.
34-22-31 to 34-22-33.
34-22-34 to 34-22-38.
Repealed by SL 2015, ch 181, §§ 27 to 31.
34-22-39 Religious rights and practices preserved.
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.
Repealed by SL 2015, ch 181, § 32.
34-22-41 "Public health emergency" defined.
"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.
Secretary may declare public health emergency--Contents of order.
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:
The nature of the public health emergency;
The geographic area subject to the declaration;
The conditions that have brought about the public health emergency; and
The expected duration of the state of public health emergency, if less than thirty days.
SL 2002, ch 168, § 2.
34-22-43 Department primarily responsible for public health emergency response--Scope of authority-...
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:
Planning and executing public health emergency assessment, mitigation, preparedness,
Coordinating public health emergency response between state and local authorities;
Collaborating with relevant federal, state, tribal, and local authorities; and
Organizing public information activities regarding public health emergency response
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.
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.
Definition of statewide emergency registry volunteer.
Terms used in § 34-22-44.2 mean:
"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;
"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.
SL 2009, ch 167, § 1.
34-22-44.2 Statewide emergency registry volunteers--Immunity from civil liability.
Statewide emergency registry volunteers--Immunity from civil liability.
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:
The volunteer was acting in good faith and within the scope of the volunteer's official
The damage or injury was not caused by gross negligence or willful and wanton
misconduct by the volunteer.
SL 2009, ch 167, § 2.
34-22-45 (Section effective on the date federal funding received for administering vaccinations for...
(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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