44:65:01:01. Definition of terms. Terms used in this article mean:
(1) "Confirmed maternal alcohol exposure," documentation either medical or legal of excessive intake characterized by substantial, regular intake or heavy episodic drinking while pregnant. Evidence of this pattern may include frequent episodes of intoxication, development of tolerance or withdrawal, social problems related to drinking, legal problems related to drinking, engaging in physically hazardous behavior while drinking, or alcohol-related medical problems such as hepatic disease;
(2) "Department," the South Dakota Department of Health;
(3) "Diagnosed fetal alcohol syndrome (FAS)," any person actually diagnosed with fetal alcohol syndrome as defined in the International Classification of Disease – Clinical Modification book as of July 1, 2002;
(4) "Hospital," any establishment as defined by SDCL subdivision 34-12-1.1(5) and licensed pursuant to SDCL chapter 34-12;
(5) "Physician," a person who is licensed or approved to practice medicine pursuant to SDCL chapter 36-4;
(6) "Diagnosing physician," a person qualified to diagnose fetal alcohol syndrome including any developmental pediatrician, geneticist, dysmorphologist, pediatric psychiatrist, pediatric neurologist or any other physician with training in the diagnosis of fetal alcohol syndrome;
(7) "Suspected fetal alcohol syndrome case," any person who has been referred for diagnosis of FAS; and
(8) "Surveillance case category," any category used to classify individuals with a specific condition that includes criteria for person, place, time of clinical diagnosis, and epidemiologic features.
Source: 29 SDR 21, effective August 27, 2002.
General Authority:SDCL 34-24-27.
Law Implemented:SDCL 34-24-27.
Reference: International Classification of Diseases, 9th Revision, Clinical Modification, Sixth Edition, 2001, Practice Management Information Corporation, 4727 Wilshire Boulevard, Suite 300, Los Angeles, CA 90010.
CHAPTER 44:65:02
REPORTING
Section
44:65:02:01 Reporting by physicians.
44:65:02:02 Reporting by hospitals and institutions.
44:65:02:03 Surveillance case categories.
44:65:02:04 Contents of reports.
44:65:02:05 Methods of reporting.
44:65:02:06 Timeliness.
44:65:02:01. Reporting by physicians. A trained professional qualified to act as a diagnosing physician who attends a person who is suffering from FAS shall report to the department the information required by § 44:65:02:04. A physician who attends a person who is suspected of having FAS shall report to the department the information required by § 44:65:02:04. Reporting as required by §§ 34-24-27 to 34-24-29, inclusive, does not relieve any physician of the obligation to report FAS as child abuse pursuant to SDCL subdivision 26-8A-2(9). A diagnosing physician or a physician may authorize a designee to submit reports of FAS or suspected FAS for any person attended by the diagnosing physician or physician, but the diagnosing physician or the physician is not relieved of the reporting responsibility.
Source: 29 SDR 21, effective August 27, 2002.
General Authority:SDCL 34-24-27.
Law Implemented:SDCL 34-24-27.
44:65:02:02. Reporting by hospitals and institutions. The director, principal manager, or chief executive officer of a hospital or institution who has knowledge that a person attended or served by the hospital or institution is suspected of having FAS shall report to the department the information required by § 44:65:02:04. Reporting as required by SDCL 34-24-27 to 34-24-29, inclusive, does not relieve a hospital or institution of the obligation to report FAS as child abuse pursuant to SDCL subdivision 26-8A-2(9). The director, principal manager, or chief executive officer of a hospital or institution may authorize a designee to submit reports of suspected FAS, but the director, principal manager, or chief executive officer is not relieved of the reporting responsibility. Reporting of suspected FAS by a hospital or institution is in addition to, and not a substitute for, the reporting by the diagnosing physician in § 44:65:02:01. For purposes of this section, a hospital and an institution include:
(1) Any health care facility defined in SDCL 34-12-1.1; and
(2) Any health and correctional institution operated by a municipal, county, or state government.
Source: 29 SDR 21, effective August 27, 2002.
General Authority:SDCL 34-24-27.
Law Implemented:SDCL 34-24-27.
44:65:02:03. Surveillance case categories. Any diagnosed case of FAS shall be reported using one of the following surveillance case categories:
(1) FAS with confirmed maternal alcohol exposure. This category includes any case that has the following circumstances:
(a) Confirmed maternal alcohol exposure;
(b) Evidence of a characteristic pattern of facial anomalies that includes features such as short palpebral fissures and abnormalities in the premaxillary zone (e.g., flat upper lip, flattened philtrum, and flat midface);
(c) Evidence of growth retardation, as in at least one of the following: low birth weight for gestational age; decelerating weight over time not due to nutrition; or disproportional low weight to height; or
(d) Evidence of central nervous system neurodevelopmental abnormalities, as in at least one of the following: decreased cranial size at birth; structural brain abnormalities (e.g., microcephaly, partial or complete agenesis of the corpus callosum, cerebellar hypoplasia); or neurological hard or soft signs (as age appropriate), such as impaired fine motor skills, neurosensory hearing loss, poor tandem gait, poor eye-hand coordination;
(2) Confirmed FAS phenotype without maternal alcohol exposure. This category includes any case that has the same circumstances as in subdivision (1) except there is no documentation in the records of maternal alcohol use during the index pregnancy;
(3) Partial FAS with confirmed maternal alcohol exposure. This category includes any case that has the following circumstances:
(a) Confirmed maternal alcohol exposure;
(b) Evidence of some components of the pattern of characteristic facial anomalies; and
(c) Evidence of at least one of the following:
(i) Evidence of growth retardation, as in at least one of the following: low birth weight for gestational age; decelerating weight over time not due to nutrition; or disproportional low weight to height;
(ii) Evidence of central nervous system neurodevelopmental abnormalities, as in: decreased cranial size at birth; structural brain abnormalities (e.g., microcephaly, partial or complete agenesis of the corpus callosum, cerebellar hypoplasia); or neurological hard or soft signs (as age appropriate), such as impaired fine motor skills, neurosensory hearing loss, poor tandem gait, poor eye-hand coordination; or
(iii) Evidence of a complex pattern of behavior or cognitive abnormalities that are inconsistent with the developmental level and cannot be explained by familial background or environment alone, such as learning difficulties; deficits in school performance; poor impulse control; problems in social perception; deficits in higher level receptive and expressive language; poor capacity for abstraction or metacognition; specific deficits in mathematical skills; or problems in memory, attention, or judgement; or
(4) Probable FAS phenotype without maternal alcohol exposure. This category includes any case that has the same circumstances as in subdivision (3) except that there is no documentation in the record of maternal alcohol used during the index pregnancy.
Source: 29 SDR 21, effective August 27, 2002.
General Authority: SDCL 34-24-27.
Law Implemented: SDCL 34-24-27.
Reference: Fetal Alcohol Syndrome, Diagnosis, Epidemiology, Prevention, and Treatment, Institute of Medicine, National Academy Press, Washington, DC 1966.
44:65:02:04. Contents of reports. The department shall develop systems and forms for reporting FAS. Any report made pursuant to this article must include the following or as much of the following as is known by the person making the report:
(1) For diagnosed cases of FAS:
(a) The case's name, social security number, age, sex, race, and address;
(b) The case's surveillance case category as defined in § 44:65:02:03;
(c) The name and address of the diagnosing physician; and
(d) The name and telephone number of the person making the report;
(2) For suspected cases of FAS:
(a) The case's name, social security number, age, sex, race, and address;
(b) The name and address of the attending or referring physician;
(c) The name and address of the who the case is being referred to; and
(d) The name and telephone number of the person making the report.
Source: 29 SDR 21, effective August 27, 2002.
General Authority:SDCL 34-24-27.
Law Implemented:SDCL 34-24-27.
44:65:02:05. Methods of reporting. Any diagnosed case of FAS or suspected case of FAS must be reported by telephone, mail, courier or in person, or by facsimile, as follows:
(1) By telephone, a person shall dial 1-800-592-1804 and respond to the department's automatic answering-recording device by providing the information requested in § 44:65:02:04. Alternatively, the person reporting may telephone 1-800-592-1861 or 605-773-3361 during normal business hours and provide the required information to an authorized department representative;
(2) By mail, a person shall place the report in a sealed envelope addressed to the department, attention: Office of Data, Statistics, and Vital Records, and marked "Confidential Medical Report" on the outside of the envelope;
(3) By courier or in person, a person shall have the report delivered to the department in a sealed envelope addressed to Data, Statistics, and Vital Records and marked "Confidential Medical Report" on the outside of the envelope; or
(4) By facsimile, a person shall dial 605-773-5683.
Source: 29 SDR 21, effective August 27, 2002.
General Authority:SDCL 34-24-27.
Law Implemented:SDCL 34-24-27.
