44:20:03:02.  Principles for devising public health measures not otherwise specified. In devising public health measures for reportable diseases and conditions for which a specific public health measure is not otherwise provided by this article, the department shall use the following principles that can be reasonably expected to decrease the risk of transmission:

          (1)  For airborne diseases, physical isolation for the period of communicability;

          (2)  For fecal-orally transmitted diseases, exclusion from situations in which transmission can be reasonably expected to occur, such as work as a food handler, attendance at or work in a child care facility, health care facility, or institution, for the period of communicability;

          (3)  For sexually transmitted or bloodborne diseases, prohibition of donation of blood, tissue, organs, or semen; needle sharing; and sexual contact in a manner likely to result in transmission for the period of communicability; and

          (4)  Each health care worker must comply with standard precautions for the prevention of the transmission of bloodborne pathogens.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 30, 2001; 31 SDR 89, effective December 27, 2004; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-23-13.

          44:20:03:03.  Health threat to others defined. For purposes of this article, a "health threat to others" or a "threat to the public health" exists if a case or carrier demonstrates an inability or unwillingness to refrain from conduct that places others at risk of exposure to a reportable disease, condition, or infectious agent. It may include one or more of the following:

          (1)  Behavior by a case or carrier that has been demonstrated epidemiologically to transmit a disease, condition, or infectious agent to others or that evidences a careless disregard for the transmission of the disease, condition, or infectious agent to others;

          (2)  A substantial likelihood that a case or carrier will transmit a disease, condition, or infectious agent to others as evidenced by a case's or carrier's past behavior or by statements of a case or carrier that are credible indicators of a case's or carrier's intention; or

          (3)  Affirmative misrepresentation by a person of the person's status as a case or carrier prior to engaging in a behavior that has been demonstrated epidemiologically to transmit the disease, condition, or infectious agent.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 30, 2001; 38 SDR 8, effective August 8, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-23-13.

          44:20:03:04.  Application of public health measures to persons. The department may instruct a case or carrier of a reportable disease or condition regarding public health measures for preventing the spread of the disease or condition and of the necessity for treatment until cured, non-infectious, or free from the infection. If the department knows or has reason to believe, because of medical or epidemiological information, that a person has a reportable disease or condition and is a health threat to others, it may issue a public health notice directing the person to take one or more of the following actions:

          (1)  To be examined or tested to determine whether the person has the disease in an infectious stage;

          (2)  To report to a physician, health care worker, or authorized department representative for counseling on the disease and for information on how to avoid infecting others;

          (3)  To receive treatment until cured or non-infectious and to follow measures for preventing reinfection;

          (4)  To cease from specified conduct which endangers the health of others; or

          (5)  To cooperate with the department in implementation of recommended public health measures.

          The department may use restrictive public health measures only if other measures to protect the public health have failed, including efforts to obtain the voluntary cooperation of the person who may be the subject of such measures. The department shall apply public health measures as necessary to achieve the desired purpose of protecting the public health, using the least intrusive measures first.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 30, 2001; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-22-24, 34-23-13.

          44:20:03:05.  Form and duration of public health notice. The department shall issue a public health notice pursuant to §§ 44:20:03:04, 44:20:03:07, and 44:20:03:10 in writing or, in urgent circumstances, as an oral statement followed within three days by a written statement and shall deliver the notice personally or by registered or certified mail to a person who is of legal age or to a person's parent or legal guardian if the person is not of legal age, except as otherwise provided in SDCL 34-23-15 to 34-23-18, inclusive. The notice is not effective after the person or animal is no longer infected with a reportable disease or condition or, in the case of a suspected disease, after the longest usual incubation period. In cases involving a fomite or an animal, the notice is effective until there is no threat to the public health.

          Source: 20 SDR 69, effective November 17, 1993; 23 SDR 60, effective October 31, 1996; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-23-13.

          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 restraining order pursuant to SDCL chapter 15-6 to enforce public health measures.

          Source: 20 SDR 69, effective November 17, 1993; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-23-13.

          Law Implemented: SDCL 34-1-28, 34-22-9, 34-22-14, 34-23-13.

          44:20:03:08.  Contact referral and notification. The department may contact a person known to be infected with a reportable disease or condition and encourage the person to refer to the department for counseling, testing, or other medical examination any other person with whom the infected person has had contact or has exposed in a manner that has been demonstrated epidemiologically to transmit the reportable disease or condition. The department may contact any person named pursuant to this section for the purpose of counseling the person and encouraging the person to submit to testing or other medical examination. The department shall conduct such contacts in a manner that protects the confidentially of the person to the extent possible.

          Source: 20 SDR 69, effective November 17, 1993; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-22-12, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-22-12, 34-22-12.1, 34-23-2, 34-23-13.

          44:20:03:09.  Control measures for food handlers. A food handler who is infected with a reportable disease or condition that can be transmitted by foods may not, during the period of communicability, engage in the production, preparation, manufacture, packaging, storage, sale, distribution, or transportation of food products intended for human consumption. Unless another cause is determined, the following symptoms indicate suspected infection with a reportable disease or condition that can be transmitted by food: diarrhea, vomiting, open skin sores, boils, fever, dark urine, or jaundice. If a food handler is determined or suspected to be infected with a reportable disease or condition that can be transmitted by foods, the department may require one or more of the following public health measures:

          (1)  The immediate exclusion of the food handler from the production, preparation, manufacture, packaging, storage, sale, distribution, or transportation of food;

          (2)  The immediate exclusion of the suspect food from distribution, consumption, or unauthorized disposal; or

          (3)  Medical examination and laboratory testing of the food handler and work associates.

          The owner or operator of the food producing, processing, or service establishment or the employer of the food handler, is responsible for ensuring compliance with this section.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 30, 2001; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-5-15, 34-22-9.

          Law Implemented: SDCL 34-5-11.1, 34-22-9.