South Dakota Codified Laws Relating to Contagious Disease Control

Presented by: Justin L. Williams General Counsel

South Dakota Department of Health (605) 773-3361

Date: May 16, 2014

South Dakota Codified Laws (SDCL) Chapter 34-22 Contagious Disease Controlhttp://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-22

South Dakota Codified Laws (SDCL)Chapter 34-23 Venereal Diseaseshttp://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-23

Administrative Rules of South Dakota (ARSD)Article 44:20 Communicable Disease Controlhttp://legis.sd.gov/Rules/DisplayRule.aspx?Rule=44:20

Important SDCLs:

1)SDCL 34-22-9 – State-wide system for disease control and treatment – Scope of program

2)SDCL 34-22-5 – Exposure of others to contagious disease as misdemeanor

3)SDCL 34-22-12 – Mandatory communicable disease reports from physicians, laboratories, and institutions – State tuberculosis register – Surveillance and control – Adoption of rules

Important SDCLs Continued:

4)SDCL 34-22-12.1* – Confidentiality of reports – Exceptions

5)SDCL 34-22-42 – Secretary may declare public health emergency – Contents of order

6)SDCL 34-23-1 – Diseases declared dangerous – Exposure of another as misdemeanor

• Syphilis• Gonorrhea

Important ARSDs:

1.ARSD 44:20:01:03 – Category I reportable diseases and conditions

• Anthrax• Foodborne outbreaks or epidemics• Measles• Polio• Smallpox• Plague• “Unexplained illness or deaths of humans or animals”

Important ARSDs Continued:

2) ARSD 44:20:01:04 – Category II reportable disease and conditions• Chlamydia• Gonorrhea• Hepatitis (A, B, and C)• HIV• Influenza• Syphilis• TB• West Nile• Salmonella• Hantavirus• Rabies

Measures of control of communicable conditionsARSD 44:20:03:01

1. Control of Communicable Disease Manual, 19th edition, American Public Health Association, 2008;

2. Red Book 2012: Report of the Committee on Infectious Diseases, 29th edition, American Academy of Pediatrics, 2012;

3. Sexually Transmitted Diseases Treatment Guidelines, 2010, Morbidity and Mortality Weekly Report (MMWR), December 17, 2010, 59(RR-12);

4. Epidemiology and Prevention of Vaccine-Preventable Diseases, Atkinson et al., 12th ed.

5. If more recent and equally reliable information is available from the CDC, the Department may also include that information as public health measures for communicable diseases and conditions.

Important ARSDs Continued:

3)ARSD 44:20:03:06* – Imminent health threat to others – Petition to circuit court

“If the department has determined by medical or epidemiological information that a person has a reportable disease or condition and is an imminent health threat to others, the department may petition the circuit court for a temporary order pursuant to [Rules of civil procedure] to enforce public health measures.”

South Dakota Codified Laws Relating to Contagious Disease Control

Presented by: Justin L. Williams General Counsel

South Dakota Department of Health (605) 773-3361

Date: May 16, 2014