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.