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34-22 CONTAGIOUS DISEASE CONTROL
CHAPTER 34-22

CONTAGIOUS DISEASE CONTROL

34-22-1      State system of quarantine--Inspection and isolation of conveyances of common carriers.
34-22-2      Failure of local health official to impose quarantine when required as petty offense.
34-22-3, 34-22-4.      Repealed.
34-22-5      Exposure of others to contagious disease as misdemeanor.
34-22-6      Compelling vaccination as misdemeanor.
34-22-7      Legislative purpose in state-wide communicable disease control program.
34-22-8      Division of Tuberculosis and Communicable Disease Control.
34-22-9      State-wide system for disease control and treatment--Scope of program.
34-22-10      Laboratory and radiological services provided by department.
34-22-11      Screening and testing for tuberculosis and communicable disease.
34-22-11.1      Exemption from license requirements for specific services under public health programs.
34-22-11.2      Services specifically exempt from license requirements.
34-22-12      Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.
34-22-12.1      Confidentiality of reports--Exceptions.
34-22-12.2      Violation of confidentiality as misdemeanor.
34-22-12.3      Effect of good faith reporting.
34-22-12.4      Compliance with reporting requirements--Liability.
34-22-12.5      Sharing of certain immunization records without consent permitted--Violation as a misdemeanor.
34-22-13      Consultation and cooperation with physicians and institutions.
34-22-14      Enforcement of regulations for control of tuberculosis and communicable disease.
34-22-15      Institutional care and treatment of tuberculosis--State funds used for payment.
34-22-16      Contracts for treatment of tuberculosis by physicians.
34-22-17      Tuberculosis control supervised by department--Program available regardless of ability to pay.
34-22-18      Refusal to accept diagnosis or treatment for tuberculosis as misdemeanor.
34-22-19      Freedom to select physician or institution preserved--Surveillance by department.
34-22-20      Provisions as to state institutions unchanged.
34-22-21      Tuberculosis provisions not retroactive.
34-22-22      Hospital or laboratory to report tuberculosis test results to department--Federal laboratories exempt.
34-22-23      Inspection of records of hospital or laboratory by secretary.
34-22-24      Tubercular to comply with rules and regulations of state department--Spread of tuberculosis prohibited.
34-22-25      Health officer or physician to report person believed tubercular to department--Contents of report.
34-22-26      Health officer or physician making report party to proceedings on hospitalization of tubercular.
34-22-27      Examination of health officer's or physician's report by secretary--Resolution for hospitalization of tubercular.
34-22-28      Service of resolution for hospitalization.
34-22-29      Refusal of tubercular to obey resolution for hospitalization--Procedure for filing with circuit court and order for hospitalization by judge.
34-22-30      Appeal from secretary's adoption or failure to adopt resolution for hospitalization.
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.
34-22-35      Warrant for commitment on direct petition--Proceeding for discharge of patient.
34-22-36      Commitment to state institution or jail of tubercular refusing hospitalization--Transfer to hospital or home.
34-22-37      Expense of commitment and care paid by division.
34-22-38      Hospitalized person to obey rules and regulations of hospital facility--Report of violations--Commitment to state institution or county jail.
34-22-39      Religious rights and practices preserved.
34-22-40      Contracts for out-of-state care authorized--Expense paid by department.
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 emergency--Renewal.
34-22-44.1      Definition of statewide emergency registry volunteer.
34-22-44.2      Statewide emergency registry volunteers--Immunity from civil liability.
34-22-45      Voluntary vaccination program for first responders--Exposure to infectious diseases at disaster locations.


34-22-1 State system of quarantine--Inspection and isolation of conveyances of common carriers.
     34-22-1.   State system of quarantine--Inspection and isolation of conveyances of common carriers. Whenever necessary the Department of Health may establish and enforce a system of quarantine against the introduction into the state of any plague or other communicable disease by common carriers doing business across its borders. Its members, officers, and agents may board any conveyance used by such carriers to inspect the same and if it be found infected, may detain such conveyance and isolate and quarantine any or all persons found thereon, with their luggage, until all danger of disease therefrom is removed.

Source: SL 1913, ch 109, § 6; RC 1919, § 7669; SDC 1939, § 27.0107.


34-22-2 Failure of local health official to impose quarantine when required as petty offense.
     34-22-2.   Failure of local health official to impose quarantine when required as petty offense. It is a petty offense for any superintendent or vice-president of the county board of health, or any deputy appointed under the provisions of chapter 34-2 to refuse, neglect, or fail to quarantine any and all cases of infectious, contagious, or communicable disease subject to quarantine, pursuant to the rules and regulations of the Department of Health, when he shall have actual notice thereof.

Source: SL 1915, ch 133, § 3; RC 1919, § 7681; SDC 1939, §§ 27.1809, 27.9935; SL 1977, ch 190, § 57.


34-22-3
     34-22-3, 34-22-4.   Repealed by SL 2002, ch 168, §§ 36, 37.


34-22-5 Exposure of others to contagious disease as misdemeanor.
     34-22-5.   Exposure of others to contagious disease as misdemeanor. Every person who intentionally exposes himself or another person infected with any contagious disease in any public place or thoroughfare, except in his necessary removal in a manner not dangerous to the public health, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 470; CL 1887, § 6671; RPenC 1903, § 485; RC 1919, § 3994; SDC 1939, § 13.1505; SL 1977, ch 190, § 58.


34-22-6 Compelling vaccination as misdemeanor.
     34-22-6.   Compelling vaccination as 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, ch 190, § 59.


34-22-7 Legislative purpose in state-wide communicable disease control program.
     34-22-7.   Legislative purpose in state-wide communicable disease control program. It is declared to be the purpose of the Legislature in enacting this program for tuberculosis control and eradication for South Dakota that there shall be a state-wide program for case finding and that all persons within South Dakota suspected or found to have tuberculosis shall be subject to a program for the prevention, control, and treatment of the disease, and shall be entitled to adequate diagnosis and treatment as a public health measure at state expense regardless of place of legal residence or ability to pay, to achieve the eventual goal of eradication of tuberculosis in South Dakota.

Source: SL 1963, ch 380, § 1.


34-22-8 Division of Tuberculosis and Communicable Disease Control.
     34-22-8.   Division of Tuberculosis and Communicable Disease Control. The State Department of Health shall create a Division of Tuberculosis and Communicable Disease Control, in the manner provided in § 34-1-9.

Source: SL 1963, ch 380, § 3.


34-22-9 State-wide system for disease control and treatment--Scope of program.
     34-22-9.   State-wide system for disease control and treatment--Scope of program. The Department of Health 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, assessment, and analysis;
             (2)      Prescribe criteria for communicable disease case definitions;
             (3)      Prescribe procedures for communicable disease case and contact notification, referral, and management;
             (4)      Prescribe methods and procedures for the prevention and control of communicable disease;
             (5)      Prescribe methods and procedures for the control of communicable disease patients and carriers;
             (6)      Prescribe medical and posttreatment supervision measures for communicable disease patients and carriers;
             (7)      Prescribe methods and procedures for the prevention and control of occupationally-related communicable diseases; and
             (8)      Prescribe procedures for universal precautions for communicable disease prevention by health care facilities and workers.

Source: SL 1963, ch 380, § 5 (1); SL 1992, ch 246.


34-22-10 Laboratory and radiological services provided by department.
     34-22-10.   Laboratory and radiological services provided by department. The State Department of Health shall have the power and authority, and it shall be the duty of such department, to provide laboratory and radiological services necessary for the maintenance of a control and eradication program for tuberculosis and communicable diseases.

Source: SL 1963, ch 380, § 5 (8).


34-22-11 Screening and testing for tuberculosis and communicable disease.
     34-22-11.   Screening and testing for 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 facilities and personnel which will encourage participation in periodic screening of the general population and high-risk segments of the general population through testing for tuberculosis and other communicable diseases.

Source: SL 1963, ch 380, § 5 (5).


34-22-11.1 Exemption from license requirements for specific services under public health programs.
     34-22-11.1.   Exemption from license requirements for specific services under public health programs. Notwithstanding the provisions of chapter 36-4 and chapter 36-9, any person performing specific health services under federal, state, and local programs affecting the public health, shall carry out such services through medically accepted procedures approved by the State Board of Medical and Osteopathic Examiners and the State Department of Health.

Source: SL 1977, ch 289, § 1.


34-22-11.2 Services specifically exempt from license requirements.
     34-22-11.2.   Services specifically exempt from license requirements. The term, "specific health services," as it relates to § 34-22-11.1 shall include the following:
             (1)      Application of intradermal skin tests for the purpose of determining the presence of tuberculosis;
             (2)      Venepuncture for the purpose of withdrawing blood for laboratory examinations to determine the presence of current or past disease infection;
             (3)      Administration of vaccines or other prophylactic agents, either orally or parenterally, for the purpose of infectious disease control; and
             (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.

Source: SL 1977, ch 289, § 2; SL 1986, ch 27, § 34.


34-22-12 Mandatory communicable disease reports from physicians, laboratories, and institutions--St...
     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.


Title 34

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