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34-23 VENEREAL DISEASES
CHAPTER 34-23

VENEREAL DISEASES

34-23-1      Diseases declared dangerous--Exposure of another as misdemeanor.
34-23-2      Reports of cases required of physicians and institutions--Information confidential.
34-23-3      Investigation of sources of infection--Repression of prostitution.
34-23-4      Infected persons required to submit to treatment--Isolation or quarantine.
34-23-5      Quarantine or isolation of infected person convicted of moral offense.
34-23-6      Examination and treatment of prisoners.
34-23-7      Treatment facilities provided by prison officials--Prisoners required to undergo treatment.
34-23-8      Service of criminal sentence not interfered with.
34-23-9      Attending physician to take blood sample from pregnant woman--Submission to office of laboratory services for testing.
34-23-10      Blood sample and testing when pregnant woman not attended by physician.
34-23-11      Repealed.
34-23-12      Blood test during pregnancy noted on birth certificate--Result not stated.
34-23-13      Rules and regulations for venereal disease control.
34-23-14      Violation as misdemeanor.
34-23-15      Treatment of minors--Definition of terms.
34-23-16      Minor's consent to treatment by physician valid--Prophylactic treatment--Disaffirmance prohibited.
34-23-17      Treatment of minors by health departments authorized.
34-23-18      Immunity of agencies treating minors--Liability for negligence.


34-23-1 Diseases declared dangerous--Exposure of another as misdemeanor.
     34-23-1.   Diseases declared dangerous--Exposure of another as misdemeanor. Syphilis, gonorrhea, and chancroid hereinafter designated as venereal diseases are hereby declared to be contagious, infectious, communicable, and dangerous to the public health. It is a Class 2 misdemeanor for anyone infected with these diseases or any of them to expose another person to infection.

Source: SL 1919, ch 284, § 1; SDC 1939, § 27.2401; SL 1977, ch 190, § 61.


34-23-2 Reports of cases required of physicians and institutions--Information confidential.
     34-23-2.   Reports of cases required of physicians and institutions--Information confidential. Any physician or other person who makes a diagnosis in or treats a case of venereal disease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is a case of venereal disease shall make a report of such case to the health authorities in such form and manner as the State Department of Health shall direct. The identity of any individual appurtenant to an investigation conducted pursuant to a report of a venereal disease shall be maintained in strictest confidence within the venereal disease control system, and any information obtained from that individual may not be disclosed in any action in any court or before any tribunal, board, or agency.

Source: SL 1919, ch 284, § 2; SDC 1939, § 27.2402; SL 1978, ch 252.


34-23-3 Investigation of sources of infection--Repression of prostitution.
     34-23-3.   Investigation of sources of infection--Repression of prostitution. It shall be the duty of all local and state health officers to investigate sources of infection of venereal disease, to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution, and otherwise to use every proper means for the repression of prostitution.

Source: SL 1919, ch 284, § 3; SL 1921, ch 339; SDC 1939, § 27.2403.


34-23-4 Infected persons required to submit to treatment--Isolation or quarantine.
     34-23-4.   Infected persons required to submit to treatment--Isolation or quarantine. State, county, and municipal health officers or their authorized deputies within their respective jurisdiction are hereby directed and empowered to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured or to submit to treatment provided at public expense until cured, and also, when in their judgment it is necessary to protect the public health, to isolate or quarantine persons infected with venereal disease.

Source: SL 1919, ch 284, § 3; SL 1921, ch 339; SDC 1939, § 27.2403.


34-23-5 Quarantine or isolation of infected person convicted of moral offense.
     34-23-5.   Quarantine or isolation of infected person convicted of moral offense. Any person convicted of being a prostitute or inmate of a disorderly house who may be found to be infected with venereal disease in a stage which, in the opinion of the health officer, is or is apt to become communicable, shall be quarantined or isolated so long as such person is so infected.

Source: SL 1921, ch 339; SDC 1939, § 27.2403.


34-23-6 Examination and treatment of prisoners.
     34-23-6.   Examination and treatment of prisoners. All persons who shall be imprisoned or confined in any state, county, or city prison in the state shall be examined for and, if infected, treated for venereal diseases by the health authorities or their deputies.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.


34-23-7 Treatment facilities provided by prison officials--Prisoners required to undergo treatment...
     34-23-7.   Treatment facilities provided by prison officials--Prisoners required to undergo treatment. The authorities of any state, county, or city prison are directed to make available to the health authorities such portion of any state, county, or city prison as may be necessary for a clinic or hospital wherein all persons who may be confined or imprisoned in any such prison and who are infected with venereal disease, and all such persons who are suffering with venereal disease at the time of the expiration of their term of imprisonment, and in case no other suitable place for isolation or quarantine is available, such other persons as may be isolated or quarantined under the provisions of this chapter shall be isolated and treated at public expense until cured. In lieu of such isolation any of such persons may in the discretion of the Department of Health be required to report for treatment to a licensed physician or submit to treatment provided at public expense.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.


34-23-8 Service of criminal sentence not interfered with.
     34-23-8.   Service of criminal sentence not interfered with. Nothing contained in § 34-23-6 or 34-23-7 shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.


34-23-9 Attending physician to take blood sample from pregnant woman--Submission to office of labo...
     34-23-9.   Attending physician to take blood sample from pregnant woman--Submission to office of laboratory services for testing. Each physician attending a pregnant woman in this state during gestation shall, in the case of each woman so attended, take or cause to be taken a sample of blood of such woman at the time of the first examination, and submit such sample for standard serological tests for syphilis to the Office of Laboratory Services or such other laboratories cooperating with, and approved by, the Department of Health.

Source: SL 1939, ch 103; SDC Supp 1960, § 27.2406 (1).


34-23-10 Blood sample and testing when pregnant woman not attended by physician.
     34-23-10.   Blood sample and testing when pregnant woman not attended by physician. Every person other than a physician permitted by law to attend upon pregnant women in the state but not permitted by law to take blood tests, shall cause a sample of the blood of such pregnant woman to be taken by a duly licensed physician and submitted for standard serological tests for syphilis to the Office of Laboratory Services or such other laboratories cooperating with, and approved by, the Department of Health.

Source: SL 1939, ch 103; SDC Supp 1960, § 27.2406 (1).


34-23-11
     34-23-11.   Repealed by SL 1985, ch 283, § 22.


34-23-12 Blood test during pregnancy noted on birth certificate--Result not stated.
     34-23-12.   Blood test during pregnancy noted on birth certificate--Result not stated. In reporting every birth and stillbirth, physicians and others permitted to attend pregnancy cases and required to report births and stillbirths shall state on the birth certificate or fetal death certificate, as the case may be, whether a blood test for syphilis has been made during such pregnancy upon a specimen of blood taken from the woman who bore the child for which a birth or fetal death certificate is filed, and if made, the date when such test was made, and if not made, the reason why such test was not made. In no event shall the certificate state the result of the test.

Source: SL 1939, ch 103; SDC Supp 1960, § 27.2406 (2).


34-23-13 Rules and regulations for venereal disease control.
     34-23-13.   Rules and regulations for venereal disease control. The State Department of Health is hereby empowered and directed to make, in compliance with chapter 1-26, such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this chapter, including rules and regulations provided for the control and treatment of persons isolated or quarantined under the provisions of this chapter and such other rules and regulations not in conflict with the provisions of this chapter concerning the control of venereal diseases and concerning the care, treatment, and quarantine of persons infected therewith, as it may from time to time deem advisable.
     All such rules and regulations so made shall be of force and binding upon all county and municipal health officers and other persons affected by this chapter.

Source: SL 1919, ch 284, § 5; SDC 1939, § 27.2405; SL 1972, ch 15, § 4.


34-23-14 Violation as misdemeanor.
     34-23-14.   Violation as misdemeanor. Any person who violates any of the provisions of this chapter or any lawful rule or regulation made by the Department of Health pursuant to the authority therein granted, or who shall fail or refuse to obey any lawful order issued by any state, county, or municipal health officer pursuant to the authority granted in this chapter, shall be guilty of a Class 1 misdemeanor.

Source: SL 1919, ch 284, § 6; SDC 1939, § 27.9940; SL 1977, ch 190, § 62.


34-23-15 Treatment of minors--Definition of terms.
     34-23-15.   Treatment of minors--Definition of terms. As used in §§ 34-23-16 to 34-23-18, inclusive, "physician" or "licensed physician" shall mean physicians licensed under chapter 36-4.

Source: SL 1971, ch 210, § 2.


34-23-16 Minor's consent to treatment by physician valid--Prophylactic treatment--Disaffirmance pro...
     34-23-16.   Minor's consent to treatment by physician valid--Prophylactic treatment--Disaffirmance prohibited. Any licensed physician, upon consultation by any minor as a patient, may, with the consent of such person who is hereby granted the right of giving such consent, make a diagnostic examination for venereal disease and prescribe for and treat such person for venereal disease including prophylactic treatment for exposure to venereal disease whenever such person is suspected of having a venereal disease or contact with anyone having a venereal disease. Any such consent shall not be subject to later disaffirmance by reason of minority.

Source: SL 1971, ch 210, § 1.


34-23-17 Treatment of minors by health departments authorized.
     34-23-17.   Treatment of minors by health departments authorized. Treatment of a minor for venereal disease by a county health department, State Health Department, or doctors attached to such departments shall be offered to a minor, if available, upon the minor's request and without the necessity of consent of parents or notification to the parents.

Source: SL 1971, ch 210, § 3.


34-23-18 Immunity of agencies treating minors--Liability for negligence.
     34-23-18.   Immunity of agencies treating minors--Liability for negligence. In any such case arising under the provisions of §§ 34-23-16 and 34-23-17 the hospital, public clinic, or licensed physician who provides the care or services or who performs medical or surgical care or services shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions.

Source: SL 1971, ch 210, § 4.


Title 34

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