South Dakota Codified Laws Relating to Contagious Disease

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 Control http: //legis. sd. gov/Statutes/Codified_Laws/Display. Statute. aspx? Type=St atute&Statute=34 -22 South Dakota Codified Laws (SDCL) Chapter 34 -23 Venereal Diseases http: //legis. sd. gov/Statutes/Codified_Laws/Display. Statute. aspx? Type=St atute&Statute=34 -23 Administrative Rules of South Dakota (ARSD) Article 44: 20 Communicable Disease Control http: //legis. sd. gov/Rules/Display. Rule. 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 conditions ARSD 44: 20: 03: 01 1. 2. 3. 4. 5. Control of Communicable Disease Manual, 19 th edition, American Public Health Association, 2008; Red Book 2012: Report of the Committee on Infectious Diseases, 29 th edition, American Academy of Pediatrics, 2012; Sexually Transmitted Diseases Treatment Guidelines, 2010, Morbidity and Mortality Weekly Report (MMWR), December 17, 2010, 59(RR-12); Epidemiology and Prevention of Vaccine-Preventable Diseases, Atkinson et al. , 12 th ed. 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