TITLE 34
PUBLIC HEALTH AND SAFETY
Chapter
01 State Department Of Health
02 County Health Board And Superintendent
03 County And District Full-Time Health Departments
03A Home Health Services
03B County And Municipal Drug Education Programs
04 County Nurse
05 Disaster Relief And Protective Measures
06 Township Health Administration [Repealed]
07 Hospital Survey And Construction [Repealed]
07A Certificate Of Need For Health Care Facilities [Repealed]
08 County Hospitals
08A County And Municipal Loans And Grants For Medical Services
09 Municipal Hospitals
10 Public Hospital Districts
11 Ambulance Service
11A Ambulance Districts
11B Regional Emergency Medical Services Authorities [Repealed]
11C Emergency Medical Personnel Licensure Interstate Compact
12 Regulation Of Hospitals And Related Institutions
12A Nursing Facility Administrators [Transferred]
12B Nursing Facility Pharmacies
12C Health Care Consent Procedures
12D Living Wills
12E Disclosure Of Health Care Charges
12F Cardiopulmonary Resuscitation Directives
12G Rural Health Care Recruitment Assistance
12H Advance Care Planning For Patient With Terminal Condition
12I Video Or Audio Monitoring In Assisted Living Centers And Nursing Facilities
13 Chiropractic Hospitals [Repealed]
14 Medical Research
14A Laetrile [Repealed]
15 Medical Quackery [Repealed]
16 Nuisances And Health Hazards
16A Air Pollution Control [Transferred]
16B Solid Waste Disposal [Transferred]
16C Litter Disposal And Control [Transferred]
17 Sanitary Districts Outside Municipalities [Transferred]
18 Health Regulation Of Lodging And Food Service Establishments And Campgrounds
18A Hamburger And Imitation Hamburger [Repealed]
19 Inspection Of Private Custodial And Educational Institutions [Repealed]
20 Poisons
20A Treatment And Prevention Of Alcohol And Drug Abuse
20B Drugs And Substances Control
20C Civil Liability For Drug Dealers
20D Products Containing Pseudoephedrine, Ephedrine, Or Phenylpropanolamine
20E Prescription Drug Monitoring Program
20F Loose Leaf Incense
20G Medical Cannabis
20H Redistribution Of Donated Prescription Drugs And Medical Supplies
21 Radiation And Uranium Resources Exposure Control
21A Nuclear Waste Disposal [Repealed]
21B Southwestern Low-Level Radioactive Waste Disposal
21C Regulation Of Radioactive Waste
22 Contagious Disease Control
23 Venereal Diseases
23A Performance Of Abortions
23B Prenatal Education
24 Child Health
24A Fluoridation Of Water
24B Blood Donors
24C Mammograms
25 Vital Records And Burial Permits
26 Custody And Disposition Of Bodies And Body Parts
26A Crematories And Cremations
27 Cemeteries And Burial Records
28 Safety Hazards In General
29 Fire Prevention [Repealed]
29A Boiler Safety
29B Fire Prevention
30 Suppression Of Fire Hazards [Repealed]
31 Fire-Fighting Equipment And Agreements
31A Rural Fire Protection Districts
32 Fire Investigations And Reports [Repealed]
32A Exchange Of Fire Loss Information
33 Fire Safety In Public Buildings [Repealed]
34 Fire Safety In Lodging Establishments [Repealed]
34A Manufactured Home Construction
35 Range And Forest Fire Prevention
35A Fire Alarms
36 Explosives
37 Fireworks
38 Flammable And Combustible Liquids
39 Liquefied Petroleum Gases
40 Subcutaneous Injection Devices
41 Natural Gas Pipeline Safety [Repealed]
42 Portable Oil-Fueled Heaters
43 Inspection Warrants
44 Asbestos Abatement Training Project
45 Emergency Reporting System
46 Regulation Of Sales And Distribution Of Tobacco Products
47 Emergency Services Districts
48 Assistance Among Public Agencies And Emergency Management Entities
48A Emergency Management
49 Cigarette Fire Safety Standards
50 Stress Management Services For Emergency Service Providers
51 Investigational Treatments
52 Telehealth Utilization By Health Care Professionals
53 Expenses Arising Out Of Pipeline Construction
54 Primary Care Agreements
55 Heroes Wellness Grants
CHAPTER 34-1
STATE DEPARTMENT OF HEALTH
34-1-1.1 Department reorganized and continued.
34-1-2 34-1-2, 34-1-2.1. Superseded.
34-1-2.2 Public Health Advisory Committee abolished--Performance of functions.
34-1-3 34-1-3 to 34-1-5. Superseded.
34-1-6 34-1-6. Repealed by SL 1971, ch 23, § 2.
34-1-7.1 State health officer's position abolished--Performance of functions.
34-1-9 Divisions and personnel.
34-1-9.1 34-1-9.1 to 34-1-9.3. Repealed by SL 1985, ch 283, §§ 18 to 20.
34-1-10 Repealed by SL 2012, ch 177, §§ 1 to 4.
34-1-14 Advice and supervision by department.
34-1-16 Rules and regulations of Department of Health--Advice to state officials.
34-1-16.1 Fee schedule for inspections and licenses--Disposition of fees.
34-1-17 Orders, rules, and licensing for protection of public health--Matters covered.
34-1-18 Acceptance and administration of federal health funds--Legislative power reserved.
34-1-19 34-1-19. Repealed by SL 2016, ch 169, § 13.
34-1-20 Right to choose own physician unimpaired by public health programs--Insurance for public employees--Misdemeanor.
34-1-21 Participation in and administration of federal health programs under Social Security Act--Discrimination among schools of medicine prohibited.
34-1-22 Health special services fund authorized--Moneys credited to fund.
34-1-23 Appropriations and disbursements from health special services fund--Other appropriations unrestricted.
34-1-24 Powers of secretary of agriculture and natural resources unimpaired.
34-1-25 Rules and regulations of Department of Health.
34-1-26 Appeals from Department of Health.
34-1-27 Violation of regulation or direction as misdemeanor.
34-1-28 Judicial enforcement of process, orders, and regulations of Department of Health.
34-1-30 34-1-30. Repealed by SL 1982, ch 16, § 24.
34-1-31 Repealed by SL 2012, ch 177, §§ 5 to 7.
34-1-34 34-1-34 to 34-1-37. Repealed by SL 1997, ch 200, §§ 1 to 4.
34-2-1 to 34-2-16. Repealed.
34-2-17
Repealed.
34-2-18
Transferred.
CHAPTER 34-3
COUNTY AND DISTRICT FULL-TIME HEALTH DEPARTMENTS
34-3-1 Establishment of county department authorized--Definition of full-time health department.
34-3-2 Election on establishment of department by adjacent counties--Establishment in other counties after failure in one county.
34-3-3 County board where full-time department maintained--Appointment and terms of members.
34-3-4 Officers of county board--Expenses of board members.
34-3-5 Merger of city and county health services in full-time department--City representative on board.
34-3-6 Departmental funds deposited with county treasurer--Disbursements.
34-3-7 Departmental funds deposited with treasurer of participating first or second class municipality--Disbursements.
34-3-8 Dissolution of full-time county department--Withdrawal of first or second class municipality from participation.
34-3-9 District health department established by counties and first and second class municipalities--City contributions.
34-3-10 Full-time district health department defined.
34-3-11 Adjacent counties and first and second class municipalities joining district health department.
34-3-12 Repealed
34-3-13 Appointing committee for district board of health--Number of members appointed to board.
34-3-14 Terms of office of district board members.
34-3-15 Officers of district board--Expenses of board members.
34-3-16 Office of district health department--Supplies and personnel.
34-3-17 Board meetings where full-time department maintained.
34-3-18 Health officer and personnel for full-time department.
34-3-19 Part-time health officer for full-time department.
34-3-20 State grants for maintenance of full-time health departments--Contributions by other agencies.
34-3-21 Contractual arrangements for services to adjacent counties--Funds provided--Powers of board in adjacent county.
34-3-22 Departmental funds provided from general fund of participating subdivisions.
34-3-23 Operating costs apportioned among participating counties--Population as basis for apportionment.
34-3-24 Annual budget estimates for full-time department--Hearings and approval of budget.
34-3-25 District funds held by treasurer of largest county--Disbursements.
34-3-26 Powers of county board and superintendent vested in full-time department.
34-3-27 Withdrawal from district department by county or first or second class municipality--Restrictions on withdrawal--Vacancies on district board.
34-3A-1
Special revenue funds authorized.
34-3A-2
Fees paid into special revenue fund.
34-3A-3
Fees receivable by counties and municipalities.
34-3A-4
Expenditures from special revenue fund.
34-3A-5
Health service contracts with public or private agencies--Expenditures from special
revenue fund.
34-3A-6
Appropriations from general funds for contract purposes.
34-3B-1
Drug abuse prevention and rehabilitation programs authorized--Scope--Contributions
to nonprofit organizations.
34-3B-2
Repealed.
34-3B-3
General fund appropriations authorized for drug abuse programs.
34-3B-4
Programs of nonprofit organizations to be approved--Records and audits.
34-4-1
Repealed.
34-4-2 to 34-4-4.
Repealed.
34-4-5
Employment of nursing personnel by county commissioners.
34-4-6 to 34-4-12.
Repealed.
34-4-13
Repealed.
34-4-14, 34-4-15.
Repealed.
34-5-1
Purpose of chapter.
34-5-2
County levy for snow removal and special emergency reserve fund--Collection of
levy.
34-5-3
Purposes for which reserve fund used.
34-5-4
Determination of necessity for snow removal--Emergency and disaster declared by
Governor or county commissioners.
34-5-5
Authorization and approval of money paid from fund.
34-5-6
Accounting for expenditures from fund.
34-5-7
Accumulation of unexpended balances in fund--Diversion for other purposes
prohibited.
34-5-8
Omitted.
34-5-9
Definition of terms related to distressed food.
34-5-10
Distressed food defined.
34-5-11
Investigations by secretary--Right of entry.
34-5-11.1
Examination of food as necessary--Ordering removal from availability.
34-5-11.2
Hearing--Destroying or denaturing order--Judicial review.
34-5-12
Unauthorized removal of distressed food as misdemeanor.
34-5-13
Removal of food by law enforcement officers allowed when necessary.
34-5-14
Interdepartmental agreements authorized--Purpose.
34-5-15
Rules and regulations--Hold orders or condemnation--Misdemeanor.
34-5-16
Repealed.
34-5-17
Severability of provisions.
34-5-18
Citation of provisions.
34-7-1, 34-7-2. Repealed.
34-7-3 Repealed.
34-7-3.1, 34-7-4. Repealed.
34-7-5 to 34-7-6. Repealed.
34-7-7 Repealed.
34-7-8 to 34-7-18. Repealed.
34-7-19 Repealed.
34-7-20 to 34-7-23. Repealed.
34-7-24 Repealed.
34-7-25 Repealed.
34-7-26 Repealed.
34-7-27 Repealed.
34-8-1
Establishment and maintenance of county hospital authorized--Types of institutions
included.
34-8-2
County bonds authorized for hospital purchase, construction or equipment--Maximum amount--Annual tax--Issuance--Sale.
34-8-3
Repealed.
34-8-4
Election on county hospital or bond issue--Percentage of vote required for approval.
34-8-4.1
Additions to hospitals--Revenue bonds authorized.
34-8-4.2
Election not required for revenue bonds--Protest requiring election.
34-8-5
Hospital tax levy in lieu of bonds--Maximum levy--Accumulation of funds.
34-8-6
Management of hospital by county commissioners--Rules and regulations.
34-8-7
Board of trustees for management of hospital--Terms of office of trustees--Removal
of trustee.
34-8-8
Repealed.
34-8-8.1
Determination of professional staff--Discrimination between practitioners prohibited.
34-8-9
Repealed.
34-8-10
Leasing in lieu of county operation of hospital--Bond required.
34-8-11
County hospital as public hospital--Charges paid from county general fund--Collection of accounts.
34-8-12
Rules governing admission to hospital--Reimbursement of county for cost of care--Costs paid from general fund.
34-8-13
Receipts for payments to hospital.
34-8-14
Lien of county for hospital costs paid from poor fund.
34-8-15
Lien for cost of hospital services provided persons other than county charges.
34-8-16
Termination of lien for hospital charges.
34-8-17
Filing of statement of hospital charges--Indexing and notice of lien.
34-8-18
Foreclosure of lien for hospital charges.
34-8-19
County levy for operation and maintenance of hospital.
34-8-20
Monthly payment of hospital receipts into fund--Use of surplus in fund.
34-8-21
Repealed.
34-8-22
Warrants for disbursements from hospital fund.
34-8-23
County wards in other hospitals--Appropriation.
34-8A-1
Loans and grants to individuals authorized--Unanimous vote required--Purpose.
34-8A-2
Joint action by counties and municipality.
34-8A-3
Reimbursement terms set forth when loan negotiated.
34-9-1
City power to establish and maintain hospital--Leases--Agreements with county.
34-9-1.1
Repealed.
34-9-2
Types of institutions covered.
34-9-3
Repealed.
34-9-4
Counties permitted to assist municipal hospitals.
34-9-5
County commissioners' resolution to aid city hospital--Method of financing.
34-9-6
Repealed.
34-9-7
Superseded.
34-9-7.1
County aid in operation of hospital established by first or second class municipality.
34-9-8
Town power to maintain hospitals and dispensaries--Acceptance of donations and
federal grants.
34-9-9
Transfer of surplus municipal funds to private hospitals authorized.
34-9-10
Conditions for transfer of municipal funds to private hospital--Transfer of tax funds
prohibited.
34-9-11
Donation of municipal hospital property to nonprofit corporation--Use by corporation
as health care facility or medical clinic.
34-9-12
Conditions for transfer of municipal property to corporation.
34-9-13
Funds or property acquired through taxes not transferred to corporation.
34-9-14
Approval of municipality required for sale of real property by corporation.
34-10-1
Purpose of chapter--Types of institutions included.
34-10-2
Electors' petition for establishment of district--Number of signers required--Filing--Petition for hospital bond election.
34-10-3
Election on district establishment and for trustees--Election officials and
precincts.
34-10-4
Joint action of county commissioners of two or more counties.
34-10-5
Notice of election on establishment of district--General election laws
applicable.
34-10-6
List of electors obtained from county auditors.
34-10-7
Qualifications of electors on establishment of district.
34-10-8
Repealed.
34-10-9
Percentage of votes required for establishment of district--Commissioners'
certification of result.
34-10-10
Annexation of territory by district--Petition, hearing, and order.
34-10-11
Board of trustees to manage district.
34-10-12
Terms of office of trustees--Election of first board.
34-10-13
Nomination of trustees--Date and notice of elections.
34-10-14
Trustees unpaid--Vacancy on board--Records of actions.
34-10-15
Rules, regulations, and bylaws of district--Officers--Place of business--Legal
counsel.
34-10-16
Power to acquire hospital facilities--Authorization, issuance and sale of bonds--Amount limited.
34-10-17
Repealed.
34-10-18
Failure of bond issue on failure of district.
34-10-19, 34-10-20. Repealed.
34-10-21
Tax levy for retirement of bonds.
34-10-22
Reduction of tax levy on payment of other moneys into debt service fund.
34-10-23
Payment of bonds when debt service fund insufficient--Reimbursement from
subsequent tax levies--Additional levies.
34-10-24
Collection of taxes levied--Transfer of collections to district treasurer.
34-10-25
Tax levy in lieu of bonds--Accumulation of construction fund--Election on use
of fund.
34-10-26
Tax levy for operation and maintenance of hospital--Maximum levy.
34-10-27
Accounting for district funds--Disbursements.
34-10-28
Lease of hospital facilities to others.
34-10-29
Annual audit of district affairs--Report of audit.
34-10-30
Dissolution of district--Provision for indebtedness.
34-10-31
Effective date of dissolution--Certification as to indebtedness.
34-10-32
Sale of property on dissolution--Funds transferred to counties.
CHAPTER 34-11
AMBULANCE SERVICE
34-11-1 Ambulance services--Authority to provide.
34-11-2 Definitions.
34-11-3 Licensure requirement--Application--Fee--Promulgation of rules--Expiration.
34-11-4 Repealed.
34-11-5 Licensure and operation of ambulance--Promulgation of rules.
34-11-5.1 Patient information confidential.
34-11-5.2 Repealed.
34-11-6 Repealed.
34-11-6.1 Repealed.
34-11-6.2 Repealed.
34-11-6.3 Repealed.
34-11-6.4 Repealed.
34-11-6.5 Repealed.
34-11-7 Trip records--Required submission--Content--Promulgation of rules.
34-11-8 Inspection.
34-11-9 Exemptions from license requirements.
34-11-10 Repealed.
34-11-11 Development of quality assurance program for advanced life support providers--Requirements--Reviews--Reports.
34-11-12 Minimum personnel required on ambulance run.
34-11-12.1 Medical director required--Hardship exception.
34-11-12.2 Hardship exception--Program director--Procedure--Duration--Appeal--Promulgation of rules--Publication.
34-11-13 Repealed.
34-11-14 Repealed.
34-11-15 Air ambulance operator--Use of ground ambulance service.
34-11-16 Air ambulance operator--Healthcare facility transfer--Conditions for ground ambulance use.
34-11-17 Adverse action by department.
34-11-18 Adverse action by department--Appeal.
34-11A-1
Petition by voters or resolution by county commissioners for
establishment of district.
34-11A-2
Requirement for inclusion of municipality in district.
34-11A-3
Contents of petition or resolution.
34-11A-4
Certification of petition--Designation of time and place for hearing.
34-11A-5
Two or more counties in proposed district--Procedure.
34-11A-6
Notice of hearing.
34-11A-7
Conduct of hearing--Order and filing of determination.
34-11A-8
Conduct of election.
34-11A-9 to 34-11A-11.
Repealed.
34-11A-12
Board of directors--Election--Certain persons ineligible.
34-11A-13
Board of directors--Meeting to elect officers.
34-11A-14
Terms of directors and officers--Compensation of ambulance district
director.
34-11A-15
District constitutes body politic and corporate.
34-11A-16
General powers of directors.
34-11A-17
Contracts with other districts or agencies authorized.
34-11A-18
Annual estimate and certification of expenses--Source of payment.
34-11A-19
Estimate certified--Date.
34-11A-20
Tax levy--Limitations--Exemption of district from general county levy for
ambulance service.
34-11A-21
Tax levy and special assessment--Collection.
34-11A-22
Tax levy and special assessment--Deposit--Bond of secretary-treasurer.
34-11A-23
Tax exempt organizations--Assessment of property--Annual statement of
payments.
34-11A-24
Limitation on indebtedness--Power to borrow money.
34-11A-25
Deposit of funds--Warrant for disbursement.
34-11A-26
Claim vouchers.
34-11A-27
Examination of financial reports of secretary-treasurer.
34-11A-28
Change of district boundaries.
34-11A-29
Annual and special meetings of voters--Annual election--Notice of
election.
34-11A-30
Report of secretary-treasurer.
34-11A-31
Capital outlay fund established--Uses.
34-11A-32
Tax levy for capital outlay fund.
34-11A-33
Public hearing required for certain expenditures of capital outlay fund.
34-11A-34
Deferred compensation program for volunteer advanced life support
personnel.
34-11B-1 to 34-11B-35. Repealed.
CHAPTER 34-11C
EMERGENCY MEDICAL PERSONNEL LICENSURE INTERSTATE COMPACT
34-11C-1 Emergency medical personnel--Licensure--Interstate compact.
CHAPTER 34-12
REGULATION OF HOSPITALS AND RELATED INSTITUTIONS
34-12-1 34-12-1. Repealed by SL 1986, ch 278, § 1.
34-12-1.1 Definitions.
34-12-2 License required to operate institution.
34-12-2.1 Unlicensed institutions ineligible for state or federal funds.
34-12-3 Licensed child welfare agencies exempt from chapter.
34-12-4 Lodging establishments exempt from chapter.
34-12-5 Application for license--Contents--Issuance of license--Denial--Contesting the denial.
34-12-6 Amount of license fee--Disposition.
34-12-7 Department of Health authorized to issue licenses--Promulgation of rules.
34-12-8 Provisional licenses--Circumstances under which issued.
34-12-8.1 Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation.
34-12-9 License not transferable.
34-12-10 34-12-10. Repealed by SL 2009, ch 164, § 3.
34-12-11 34-12-11. Repealed by SL 1993, ch 271, § 2.
34-12-11.1 Disclosure of public reimbursement rates required of nursing homes and related institutions.
34-12-11.2 Visitation of patients and residents--Required post.
34-12-12 Lodging and food service laws not applicable to licensees.
34-12-13 Rules to protect patients' health and safety.
34-12-14 Application of regulations and standards to Christian Science institution.
34-12-15 Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.
34-12-15.1 Handling of residents' funds by nursing homes--Definition of terms.
34-12-15.2 Residents' funds kept separate--Free from facility's liabilities.
34-12-15.3 Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.
34-12-15.4 34-12-15.4. Repealed by SL 1991, ch 271, § 3.
34-12-15.5 Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.
34-12-15.6 Records required on residents' funds--Form--Receipts kept.
34-12-15.7 Records of residents' funds available for audit.
34-12-15.8 Noncompliance as ground for revocation of administrator's license.
34-12-15.9 Surrender of funds on discharge of resident--Time allowed.
34-12-15.10 Escheat of unclaimed funds of deceased resident--Notice and transfer to state.
34-12-16 Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.
34-12-17 Information received by department confidential--Disclosure.
34-12-18 Unlicensed operation as misdemeanor.
34-12-19 Grounds for suspension or revocation of license.
34-12-20 Procedure for suspension or revocation of license.
34-12-21 New license issued after suspension or revocation.
34-12-22 Appeal from department.
34-12-23 34-12-23, 34-12-24. Repealed by SL 1988, ch 277, § 8.
34-12-25 34-12-25. Repealed by SL 1994, ch 274, § 5.
34-12-26 34-12-26 to 34-12-28. Repealed by SL 2005, ch 181, §§ 1 to 3.
34-12-29 Promulgation of rules regarding nurse aide registration.
34-12-30 Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.
34-12-31 No charge against resident funds for services paid under medical assistance program.
34-12-32 Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor.
34-12-33 Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection.
34-12-34 Failure to register--Notice--Closure.
34-12-35 34-12-35. Repealed by SL 1991, ch 272, § 10.
34-12-35.1 34-12-35.1. Repealed by SL 1993, ch 246, § 1.
34-12-35.2 34-12-35.2. Repealed by SL 1995, ch 193, § 1.
34-12-35.3 34-12-35.3. Repealed by SL 2000, ch 168, § 3, eff. June 30, 2005.
34-12-35.4 Number of beds in nursing facility.
34-12-35.5 Access critical nursing facilities.
34-12-35.6 Redistribution of existing nursing facility beds.
34-12-35.7 Annual consideration of need for additional nursing facility beds or new nursing facilities.
34-12-35.8 Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules.
34-12-35.9 Authorization to increase number of nursing facility beds.
34-12-35.10 Nursing facility beds at Michael J. Fitzmaurice Veterans Home.
34-12-35.11 Annual report to legislative committees on need for additional nursing facility beds or nursing facilities.
34-12-35.12 Regional nursing facility--Designation.
34-12-36 34-12-36. Repealed by SL 1991, ch 272, § 10.
34-12-36.1 34-12-36.1. Repealed by SL 1993, ch 246, § 2.
34-12-37 Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities.
34-12-38 Interest of Department of Social Services in funds of deceased resident receiving medical assistance.
34-12-39 34-12-39. Repealed by SL 1995, ch 193, § 2.
34-12-39.1 34-12-39.1. Repealed by SL 2000, ch 168, § 3, eff. June 30, 2005.
34-12-39.2 New nursing facilities--Limitations--Requirements.
34-12-39.3 34-12-39.3. Repealed by SL 2010, ch 170, § 2, eff. June 30, 2013.
34-12-39.4 New nursing facility as part of existing facility.
34-12-39.5 Authorization to construct new nursing facility.
34-12-39.6 Closure of existing nursing facility--Availability of authorized beds.
34-12-39.7 Authorization to construct new nursing facility in Moody County.
34-12-39.8 Authorization to construct new nursing facility in Lyman County.
34-12-40 Continuing care agreement defined.
34-12-41 Entrance fee defined.
34-12-42 Continuing care retirement community defined.
34-12-43 Agreements--Exemptions--Insurance.
34-12-44 Information to be provided.
34-12-45 Escrow of fees.
34-12-46 Construction--Fees.
34-12-47 Notification of escrow accounts.
34-12-48 34-12-48, 34-12-49. Repealed by SL 2003, ch 180, § 3, effective June 30, 2005.
34-12-49 Repealed by SL 2003, ch 180, § 3, effective June 30, 2005.
34-12-50 Court order for medical treatment of disabled adult under treatment by spiritual means.
34-12-51 Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability.
34-12-52 Definition of terms related to trauma care system.
34-12-53 Trauma care system and statewide trauma registry.
34-12-54 Promulgation of rules regarding trauma care system.
34-12-55 Each facility to meet requirements of one of designated levels of trauma hospital.
34-12-56 Nursing facility construction on American Indian reservations.
34-12-56.1 Repealed.
34-12-56.2 Nursing facility on Cheyenne River Indian Reservation.
34-12-57 Services of licensed birth center.
34-12-58 Location of birth center.
34-12-59 License required to operate birth center.
34-12-60 Facilities exempt from birth center license requirements.
34-12-61 Application for birth center license.
34-12-62 Promulgation of rules for birth centers.
34-12-63 Risk assessment system for birth centers.
34-12-64 Certain medical foster homes for veterans exempt from chapter.
34-12-65 Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions.
34-12-66 Mammogram reports required to include information on breast density.
34-12-67 Assisted living facility--Resident--Visitation rights.
34-12-68 Visitation policies and procedures--Limitations and restrictions--Notice--Review.
34-12-69 Guidance documents--Visitation--Posting requirement.
34-12-70 Palliative care--Informational material.
34-12B-1
Right to choose pharmacy for filling prescriptions.
34-12B-2
Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions.
34-12B-3
Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as
misdemeanor.
34-12B-4
Pharmacy splitting fees or giving rebate or free equipment and services to nursing
facility as misdemeanor.
34-12B-5
Nursing facility prohibited from providing exclusive services to pharmacy.
34-12B-6
Violation as ground for suspension or revocation of license.
34-12B-7
Investigation of complaints.
34-12C-1
Definition of terms.
34-12C-2
Conditions authorizing health care decision by another--Determination by physician.
34-12C-3
Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician.
34-12C-4
Court-ordered health care--Conditions.
34-12C-5
Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court-ordered investigation.
34-12C-6
Rights of authorized person as incapacitated person.
34-12C-7
Liability of health care provider--Liability of authorized decision maker
.
34-12C-8
Scope of chapter.
34-12C-9
Insertion of urinary catheter into patient under age sixteen without consent of parent
or guardian prohibited.
CHAPTER 34-12D
LIVING WILLS
34-12D-1 Definition of terms.
34-12D-2 Declaration--Requirements to execute--Artificial nutrition and hydration.
34-12D-3 Declaration--Sample form.
34-12D-4 Multiple documents--Resolving conflicts--Participation by attorney in fact.
34-12D-5 When declaration becomes operative.
34-12D-6 Decisions regarding life-sustaining treatment--Rights of qualified patient.
34-12D-7 Entry of declaration into medical record.
34-12D-8 Revocation of declaration--Medical record to contain revocation.
34-12D-9 Providing for patient's comfort and related needs--Responsibility of health care provider.
34-12D-10 Treatment of pregnant woman notwithstanding declaration.
34-12D-11 Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider.
34-12D-12 Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider.
34-12D-13 Immunity from civil or criminal liability, and from professional discipline.
34-12D-14 Withdrawal or withholding of treatment neither suicide or homicide.
34-12D-15 Withdrawal or withholding of treatment--Effect upon life insurance or annuity.
34-12D-16 Insurer or health-care provider may not prohibit or require declaration.
34-12D-17 Revocation of or failure to execute declaration--No presumption created concerning intent.
34-12D-18 Patients able to make decisions regarding medical care--Effect upon rights.
34-12D-19 Health care provider not required to deviate from accepted medical standards.
34-12D-20 Mercy-killing, euthanasia, suicide, and assisted suicide not condoned.
34-12D-21 Assumption as to valid declaration permissible.
34-12D-22 Validity of declaration--Declarations executed prior to July 1, 1991.
34-12D-23 Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide.
34-12D-24 Standing to bring injunctive relief against person believed to be about to assist in suicide.
34-12D-25 Cause of action for compensatory and punitive damages for assisting suicide.
34-12D-26 Attorney's fees to plaintiff in assisted suicide action.
34-12D-27 Licensing board notified of assisted suicide violation.
34-12D-28 Revocation of license for assisted suicide violation.
34-12D-29 Licensed health care professional defined.
34-12E-1
Definition of terms.
34-12E-2 to 34-12E-7. Repealed.
34-12E-8
Disclosure of fees and charges upon request.
34-12E-9
Failure to comply--Disciplinary action.
34-12E-10
Repealed.
34-12E-11
Annual hospital report on charge information--Promulgation of rules.
34-12E-11.1
Website available to public for reporting charge information.
34-12E-12
Hospital charge information website linked to department website.
34-12E-13
Charge information defined.
34-12E-14
Repealed.
CHAPTER 34-12F
EMS CARDIOPULMONARY RESUSCITATION DIRECTIVE
34-12F-1. Definitions.
34-12F-2. Execution of EMS cardiopulmonary resuscitation directive.
34-12F-3. Implementation of directive by emergency medical personnel--Rules--Construction of section.
34-12F-4. Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct.
34-12F-5. Effect of compliance with directive on criminal prosecution of person otherwise criminally charged.
34-12F-6. Directive for person admitted to health care facility--Implementation as physician's order.
34-12F-7. Directive or failure to execute directive--Effect on annuity or insurance.
34-12F-8. Revocation of directive.
34-12F-9. Parental notification required to withhold resuscitation--Records--Parental objection--Court action.
CHAPTER 34-12G
RURAL HEALTH CARE RECRUITMENT ASSISTANCE
34-12G-1 Program to assist rural communities recruit health care professionals.
34-12G-2 Eligible rural communities.
34-12G-3 Eligible health care professionals.
34-12G-4 Incentive payment.
34-12G-5 Rural community agreement for payment of recruitment assistance.
34-12G-6 Appropriation of funds.
34-12G-7 Agreement to be approved by secretary of health.
34-12G-8 Restrictions on participation.
34-12G-9 Program participant to be medical assistance provider.
34-12G-10 Program to assist rural health care facilities recruiting health care professionals.
34-12G-11 Rural health care facility recruitment program--Eligible facilities.
34-12G-12 Eligible health care professionals.
34-12G-13 Incentive payment.
34-12G-14 Rural health care facility agreement for payment of recruitment assistance.
34-12G-15 Agreement to be approved by secretary of health.
34-12G-16 Restrictions on participation.
34-12G-17 Participating rural health care facility to be medical assistance provider.
34-12H-1
Definitions.
34-12H-2
Patient or representative may execute MOST.
34-12H-3
Representative may only act when patient lacks decision-making capacity.
34-12H-4
MOST form--Contents.
34-12H-5
MOST form part of medical record.
34-12H-6
Out-of-state documents valid in state.
34-12H-7
Physician to treat patient in accordance with MOST.
34-12H-8
Conflict between patient's MOST and patient's other directives.
34-12H-9
Revocation of MOST.
34-12H-10
Refusal of health care provider to comply with MOST.
34-12H-11
Execution or revocation of MOST may not be condition for providing health care.
34-12H-12
Immunity of health care provider.
CHAPTER 34-12I
VIDEO OR AUDIO MONITORING IN ASSISTED LIVING CENTERS AND NURSING FACILITIES
34-12I-1 Definitions.
34-12I-2 Consent form--Submission to facility.
34-12I-3 Roommate--Consent--Refusal--Restrictions--Relocation.
34-12I-4 Consent form--Content.
34-12I-5 Cost--Liability.
34-12I-6 Connection to internet--Options--Conditions.
34-12I-7 Video monitoring device--Placement--Conditions.
34-12I-8 Audio monitoring device--Use--Violation as misdemeanor.
34-12I-9 Removal of device--Authority.
34-12I-10 Responsibility of resident--Facility.
34-12I-11 Notice.
34-12I-12 Destruction prohibited--Violation as misdemeanor.
34-12I-13 Access and dissemination--Violation as misdemeanor.
34-12I-14 Allegation of misconduct--Request for video.
34-12I-15 Evidentiary material.
34-12I-16 Discrimination--Retaliation--Prohibition.
34-12I-17 Liability--Civil--Criminal.
34-12I-18 Complaint--Adjudication.
34-14-1
Information obtained in medical studies confidential--Inadmissibility in
evidence.
34-14-2
Omitted.
34-14-3
Disclosure of information from medical study as misdemeanor.
34-14-4
Immunity from liability for furnishing information to research agencies.
34-14-5
Physician's consent required for research interviews.
34-14-6
Legislative findings as to use of animals in research.
34-14-7 to 34-14-9. Repealed.
34-14-10, 34-14-11. Repealed.
34-14-12 to 34-14-15. Repealed.
34-14-16
Research that destroys human embryo prohibited--Violation as misdemeanor.
34-14-17
Research subjecting human embryo to substantial risk prohibited--Sale or
transfer of embryos for research prohibited--Violation as misdemeanor.
34-14-18
Use of cells or tissues obtained in violation of § 34-14-16 or 34-14-17
prohibited.
34-14-19
"Nontherapeutic research" defined.
34-14-20
"Human embryo" defined.
34-14-21
Definition of terms used in §§ 34-14-21 to 34-14-24.
34-14-22
Informed consent required prior to predictive genetic testing--Minimum
requirements of written, informed consent.
34-14-23
Person to be tested to receive copy of signed consent form--Original signed
form to be filed in medical records.
34-14-24
Tests performed in pursuance of criminal investigation or court order not
affected.
34-14-25
Genetic testing to be performed by accredited laboratory enrolled in proficiency
testing program--State health laboratory not affected.
34-14-26
Definition of terms.
34-14-27
Human cloning as felony--Civil penalty.
34-14-28
Scientific research not restricted if not prohibited.
CHAPTER 34-16
NUISANCES AND HEALTH HAZARDS
34-16-1 Act endangering public health as misdemeanor.
34-16-2 Release of disease germs as felony.
34-16-3 34-16-3, 34-16-4. Repealed by SL 2002, ch 168, §§ 26, 27.
34-16-5 Access of health officers to places where source of disease suspected.
34-16-6 34-16-6 to 34-16-13. Repealed by SL 2002, ch 168, §§ 28 to 35.
34-16-14 County responsibility for dead animals in unorganized territory.
34-16-15 County disposal of dead animal on failure of township to act--Liability for expense.
34-16-16 Action by county to recover expense of disposal of dead animal.
34-16-17 Failure to dispose of dead animal as petty offense.
34-16-18 Remedies against nuisances and interference with private rights unimpaired.
34-16-19 Notice to owner of nuisance.
34-16-20 Failure to comply with notice--Removal of nuisance--Cost.
34-16-21 Hearing--Time--Issuance of order--Appeal.
34-16-22 County board of health--Composition.
34-16-23 Meetings of county board.
34-16-24 Supervision of public health matters by superintendent--Action without board in event of immediate danger.
34-16-25 Removal of putrid substances by county board.
CHAPTER 34-18
HEALTH REGULATION OF LODGING AND FOOD SERVICE ESTABLISHMENTS AND CAMPGROUNDS
34-18-1 Definition of terms.
34-18-1.1 34-18-1.1. Repealed by SL 1986, ch 280, § 1.
34-18-2 Secretary responsible for safety and sanitation requirements--Bond not required--Additional compensation not provided.
34-18-3 34-18-3, 34-18-4. Repealed by SL 1988, ch 278, §§ 1, 2.
34-18-5 34-18-5. Repealed by SL 1971, ch 23, § 2.
34-18-6 Agreements between secretary of health and other agencies.
34-18-7 Employment of personnel by secretary--Local health departments as enforcement agents.
34-18-8 Deposit and accounting for money received.
34-18-9 License required to operate lodging or food service establishment or campground--Posting in conspicuous place.
34-18-9.1 Definition of terms related to bed and breakfast establishments.
34-18-9.2 Exemption for bed and breakfast establishment.
34-18-9.3 Registration of bed and breakfast establishment--Fee--Investigation of complaints.
34-18-9.4 Bed and breakfast establishment to maintain guest list and smoke detectors--Violation as misdemeanor.
34-18-10 Annual license required--Contents of application.
34-18-10.1 Review of application--Issuance or refusal to issue license--Reasons for denial--Contest of denial.
34-18-10.2 Notice--Closure order on failure to secure license--Injunctive relief.
34-18-10.3 Verification requirement for annual renewal of license.
34-18-10.4 Initial license fee for food service establishment, lodging establishment, and campground.
34-18-11 Annual fees for food service and lodging establishment licenses.
34-18-11.1 Annual campground license fee.
34-18-11.2 Annual fees for water recreational facilities.
34-18-12 34-18-12. Repealed by SL 1988, ch 279, § 1.
34-18-13 Prorated license fee for less than full year.
34-18-14 Issuance of license when establishment in compliance.
34-18-14.1 Issuance of provisional license.
34-18-15 Expiration of license--New license required on change in ownership or location.
34-18-16 Mobile food service license fee.
34-18-17 Temporary food service license--Fee--Food service in connection with special promotions--Duration of license.
34-18-18 Fairs and nonprofit organizations exempt from temporary food service license fee--Health requirements applicable.
34-18-19 Closure order for temporary food service establishment--Operation after closure notice as violation--Refund of license fee.
34-18-20 Nonprofit organizations and alcoholic beverage licensees exempt--Health requirements applicable.
34-18-21 Registration of guests at lodging establishment or campground--Contents and inspection of records.
34-18-21.1 Confidentiality of information obtained through inspection of records.
34-18-21.2 Review of requests for inspection of records.
34-18-22 Health and safety requirements--Procedure for rules and regulations.
34-18-22.1 Fire safety standards for specialty resort with less than ten occupants.
34-18-22.2 Fire safety standards for specialty resort with ten or more occupants.
34-18-22.3 Fire safety standards for vacation home establishments.
34-18-23 Notice to department of construction and alteration of establishments.
34-18-24 Departmental inspections of lodging establishments and campgrounds.
34-18-25 34-18-25. Repealed by SL 2019, ch 147, § 1.
34-18-25.1 Inspection of lodging establishments, campgrounds, food service establishments, and mobile food services--Fee.
34-18-25.2 Refusal to allow inspection--Suspension or revocation proceedings.
34-18-25.3 Inspection of exempt establishments and campgrounds--Scope.
34-18-26 Notice and correction of deficiencies--Closure order on failure to correct deficiency--Injunctive relief.
34-18-26.1 Follow-up inspection--Fee.
34-18-26.2 Expedited follow-up inspection process.
34-18-27 Summary suspension of license on discovery of hazardous condition.
34-18-27.1 Grounds for denial, suspension, or revocation of license.
34-18-27.2 Consideration of new application after correction of conditions.
34-18-27.3 Departmental inspection upon receipt of complaint--Initiation of suspension, revocation or denial proceedings.
34-18-28 Request for hearing on license suspension or revocation or closure order.
34-18-29 34-18-29, 34-18-30. Repealed by SL 1970, ch 199, § 17.
34-18-31 Precedence over other statutes.
34-18-32 Violation of chapter or rules or regulations as misdemeanor--Each day as separate offense.
34-18-33 Severability of provisions.
34-18-34 Farmer's market fresh fruits and vegetables--Licensure exemption.
34-18-35 Sale of homemade foods and food products.
34-18-36 Canned goods––Requirements.
34-18-36.1 Food safety training––Authorized sales.
34-18-37 Label requirements.
34-18-38 Exemption from licensure––Requirements.
34-18-39 Definition of terms--Camping liability--Immunity.
34-18-40 Camping liability--Immunity granted.
34-18-41 Camping liability--Immunity not granted.
34-18-42 Camping liability--Warning mandated.
34-20-1
Label and warnings required for specified poisons--Contents of label.
34-20-2
Schedule A--Highly toxic poisons enumerated.
34-20-3
Schedule B--Less toxic poisons enumerated.
34-20-4
Poison register for schedule A poisons--Contents of entries.
34-20-5
Sales entered in poison register--Understanding of poisonous nature--Purpose
of use--Sales to minors restricted.
34-20-6
Prescription sales exempt from labeling and registration requirements.
34-20-7 to 34-20-13. Repealed.
34-20-14
Sale of misbranded rodenticides and insecticides as misdemeanor--Statements constituting misbranding.
34-20-15
Rodenticides and insecticides misbranded if not labeled as poison.
34-20-16
Federal rodent control program not impaired.
34-20-17 to 34-20-21. Repealed.
34-20-22
Repealed.
34-20-23
Intentional poisoning of food, drug, or water supply as felony.
34-20-24
Laying out of poison in specified places as misdemeanor.
34-20-25
Landowner permitted to lay out poison for rodents, magpies, and insects.
34-20-26
Federal program for rodent, magpie, and insect control unimpaired.
34-20-27
County application for federal assistance in rodent control.
34-20-28
State predatory animal control program unimpaired.
CHAPTER 34-20A
TREATMENT AND PREVENTION OF ALCOHOL AND DRUG ABUSE
34-20A-1 34-20A-1. Repealed by SL 1985, ch 278, § 1.
34-20A-2 Definitions.
34-20A-2.1 Accredited facility deemed approved.
34-20A-2.2 Next of kin--Order of priority.
34-20A-3 34-20A-3. Superseded.
34-20A-3.1 34-20A-3.1. Repealed by SL 2016, ch 15, § 11.
34-20A-3.2 Repealed by SL 2012, ch 150, § 22.
34-20A-4 34-20A-4, 34-20A-5. Superseded.
34-20A-6 Repealed by SL 2012, ch 150, § 23.
34-20A-7 34-20A-7, 34-20A-8. Repealed by SL 1985, ch 278, §§ 5, 6.
34-20A-9 Repealed by SL 2012, ch 150, §§ 24, 25.
34-20A-11 34-20A-11. Repealed by SL 1985, ch 278, § 9.
34-20A-12 Repealed by SL 2012, ch 150, §§ 26 to 28.
34-20A-15 34-20A-15. Repealed by SL 1985, ch 278, § 13.
34-20A-16 Repealed by SL 2012, ch 150, §§ 29, 30.
34-20A-18 Solicitation and acceptance of gifts, grants, and services.
34-20A-19 Repealed by SL 2012, ch 150, §§ 31 to 35.
34-20A-24 34-20A-24. Repealed by SL 1985, ch 278, § 21.
34-20A-25 Repealed by SL 2012, ch 150, § 36.
34-20A-26 34-20A-26. Repealed by SL 1985, ch 278, § 23.
34-20A-27 Standards for accredited prevention or treatment facilities--Fees.
34-20A-28 34-20A-28 to 34-20A-31. Repealed by SL 1985, ch 278, §§ 25 to 28.
34-20A-32 Repealed by SL 2012, ch 150, § 37.
34-20A-33 34-20A-33. Repealed by SL 1985, ch 278, § 30.
34-20A-34 Real property acquisition and provision of facilities.
34-20A-35 Repealed by SL 2012, ch 150, §§ 38 to 40.
34-20A-38 34-20A-38, 34-20A-39. Repealed by SL 1985, ch 278, §§ 35, 36.
34-20A-40 Repealed.
34-20A-41 34-20A-41 to 34-20A-43. Repealed by SL 1985, ch 278, §§ 37 to 39.
34-20A-44 Inspection of facilities.
34-20A-44.1 Access to public and private prevention and treatment facilities and records.
34-20A-45 34-20A-45. Repealed by SL 1985, ch 278, § 41.
34-20A-46 Repealed by SL 2012, ch 150, §§ 41 to 43.
34-20A-49 34-20A-49. Repealed by SL 1985, ch 278, § 45.
34-20A-50 Application for voluntary treatment by minor or incompetent.
34-20A-51 Determination of admission for treatment--Referral to other facilities.
34-20A-52 34-20A-52, 34-20A-53. Repealed by SL 1985, ch 278, §§ 48, 49.
34-20A-54 34-20A-54. Repealed by SL 1976, ch 217, § 4.
34-20A-55 Protective custody of intoxicated or incapacitated person--Emergency detainment.
34-20A-56 Protective custody procedure--Duty of detaining officer--No arrest or record.
34-20A-57 Law enforcement authorities not criminally or civilly liable for protective custody actions.
34-20A-58 34-20A-58 to 34-20A-62. Repealed by SL 1985, ch 277, §§ 9 to 13.
34-20A-63 Emergency detainment--Grounds.
34-20A-64 Written application--Contents.
34-20A-64.1 Confinement of disruptive detainee.
34-20A-65 Administrator to observe--Refusal of application--Disposition of detained person.
34-20A-66 Approval of application--Intake procedure--Retention or transfer.
34-20A-66.1 Payment for treatment under emergency detainment or protective custody.
34-20A-67 Person to receive copy of application--Right to counsel.
34-20A-68 Emergency detainment--Discharge.
34-20A-69 Emergency detainment--Maximum period--Limited extension if involuntary commitment petition filed.
34-20A-69.1 Immunity of facility operators for acts in compliance with chapter.
34-20A-70 Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.
34-20A-70.1 Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county.
34-20A-70.2 Documents to be sealed--State access to documents--Information not to be used in certain prosecutions.
34-20A-70.3 Request for order of examination by court-appointed physician or addiction counselor--Order--Notice.
34-20A-71 34-20A-71. Repealed by SL 1986, ch 283, § 2.
34-20A-72 Certificate of physician or addiction counselor--Refusal of examination--Employing facility ineligible to provide treatment--Exception.
34-20A-73 Hearing on petition--Service--Right to be represented.
34-20A-74 Presence in court of person or guardian ad litem--Examination by court.
34-20A-75 Testimony presented at hearing.
34-20A-76 Court-appointed physician or addiction counselor--Refusal of examination--Temporary commitment for examination.
34-20A-76.1 Compensation of court-appointed physician and counselor by county--Reimbursement.
34-20A-77 Order of involuntary commitment--Adequacy of treatment.
34-20A-77.1 Provision for committed person who cannot be admitted at once to facility--Maximum period of detention--Payment of costs.
34-20A-78 Transfer to another facility--Reports--Notice.
34-20A-79 Refusal of commitment by facility.
34-20A-80 Discharge before end of commitment period.
34-20A-81 Maximum period of involuntary commitment--Discharge or recommitment.
34-20A-82 Discharge from recommitment--Second period of recommitment.
34-20A-83 Number of recommitment orders permitted.
34-20A-84 Hearing on petition for recommitment--Service and notice--Procedure.
34-20A-85 Rights to contest proceedings and to assistance of counsel--Court to require counsel if necessary.
34-20A-85.1 Compensation of attorney appointed to represent person being committed--Reimbursement of county.
34-20A-86 Right to examination by physician and counselor of choice--Employment by court when necessary.
34-20A-87 Habeas corpus available at any time.
34-20A-88 34-20A-88. Repealed by SL 1985, ch 277, § 35.
34-20A-89 Payment for treatment under involuntary commitment.
34-20A-90 Repealed by SL 2012, ch 150, §§ 44, 45.
34-20A-92 34-20A-92. Repealed by SL 1982, ch 16, § 26.
34-20A-93 34-20A-93, 34-20A-94. Repealed by SL 2014, ch 132, §§ 5, 6.
34-20A-95 Repealed by SL 2012, ch 150, §§ 46, 47.
34-20A-97 34-20A-97. Repealed by SL 1985, ch 277, § 38.
34-20A-98 Possession and administration of opioid antagonists by first responders.
34-20A-99 Opioid antagonist defined.
34-20A-100 First responder defined.
34-20A-101 Training of first responders.
34-20A-102 Promulgation of rules for training, possession, and administration of opioid antagonists.
34-20A-103 Immunity from civil liability for injuries or death associated with administration of opioid antagonists.
34-20A-104 Possession and administration of opioid antagonists by person close to person at risk of overdose.
34-20A-105 Prescription for opioid antagonist.
34-20A-105.1 Opioid antagonist--Employer--Dispense--Administer--Immunity.
34-20A-106 Opioid antagonist--Professional prescribing--Immunity.
34-20A-107 Prescription deemed issued for legitimate medical purpose.
34-20A-108 Duty or standard of care regarding opioid antagonists unaffected.
34-20A-109 Definitions related to reporting person in need of emergency assistance for drug-related overdose.
34-20A-110 Immunity from arrest or prosecution for reporting person in need of emergency medical assistance for drug-related overdose.
34-20A-111 Immunity from arrest or prosecution for reporting one's own need for emergency medical assistance for drug-related overdose.
34-20A-112 Providing first aid or other medical assistance as mitigating factor--Limitations on immunity.
34-20A-113 One-time immunity.
CHAPTER 34-20B
DRUGS AND SUBSTANCES CONTROL
34-20B-1 Definitions.
34-20B-2 Drug defined.
34-20B-3 Controlled drug or substance defined.
34-20B-3.1 Controlled substance analogue.
34-20B-4 Precursor defined.
34-20B-4.1 Anabolic steroid defined.
34-20B-5 34-20B-5 to 34-20B-9. Superseded.
34-20B-10 Scheduled substances to be controlled--Nomenclature in schedules.
34-20B-11 Criteria for inclusion of substance in Schedule I.
34-20B-12 Specific substances included in Schedule I.
34-20B-13 Opium derivatives and opiates included in Schedule I.
34-20B-14 Hallucinogenic substances included in Schedule I.
34-20B-15 Criteria for inclusion of substances in Schedule II.
34-20B-16 Substances included in Schedule II.
34-20B-17 Opiates included in Schedule II.
34-20B-18 Criteria for inclusion of substances in Schedule III.
34-20B-19 Stimulants specifically included in Schedule III.
34-20B-19.1 Ephedrine defined.
34-20B-20 Depressants specifically included in Schedule III.
34-20B-20.1 Gamma hydroxyl butyrate defined.
34-20B-20.2 Xylazine--Permissible uses.
34-20B-21 Exception from Schedule III of stimulants and depressants used in medicinal preparations.
34-20B-22 Specific substances included in Schedule III.
34-20B-23 Narcotics specifically included in Schedule III.
34-20B-24 Criteria for inclusion of substances in Schedule IV.
34-20B-25 Substances included in Schedule IV.
34-20B-26 Narcotic compounds specifically included in Schedule IV.
34-20B-27 Recommendations for addition, deletion, or rescheduling of scheduled substances.
34-20B-28 Substances not subject to control as precursors of precursors.
34-20B-28.1 Definition of terms applicable to code imprinted drugs.
34-20B-28.2 Code imprint required.
34-20B-28.3 Manufacturers' and distributors' identifying listings.
34-20B-28.4 Exemptions--Granting on appropriate showing--Inclusion in listings.
34-20B-28.5 Contraband--Seizure and forfeiture.
34-20B-28.6 Dispensing or sale without code imprint--Misdemeanor.
34-20B-29 Registration of prescribers, manufacturers, distributors, and dispensers of controlled drug or substance.
34-20B-30 Exemptions from annual registration requirements.
34-20B-31 34-20B-31. Repealed by SL 2004, ch 232, § 2.
34-20B-32 Waiver of registration requirement by regulation.
34-20B-33 Registration of previously registered or licensed establishments.
34-20B-34 Separate registration required for each place of business or practice.
34-20B-35 Criteria for registration of manufacturers and distributors.
34-20B-36 Authorized Schedule I and II substances to be specified in manufacturer's or distributor's registration.
34-20B-37 Practitioners registered to dispense Schedule II, III, and IV substances.
34-20B-38 34-20B-38. Repealed by SL 1989, ch 293, § 5.
34-20B-39 Inventories and records of controlled substances required of registrants.
34-20B-40 Inspection of registrant's premises authorized.
34-20B-41 Promulgation of rules by department--Fees.
34-20B-42 Unauthorized manufacture or distribution by registrant prohibited--Civil fine--Knowing violation as felony.
34-20B-42.1 34-20B-42.1, 34-20B-42.2. Repealed by SL 1992, ch 245, §§ 7, 8.
34-20B-43 Omission or removal of required symbol prohibited--Civil fine--Knowing violation as misdemeanor.
34-20B-44 Failure to keep or furnish required record or report prohibited--Civil fine--Knowing violation as felony.
34-20B-45 Civil fine for violation by manufacturer or distributor--Knowing violation as felony.
34-20B-46 Intentional distribution of Schedule I or II substance without order form as felony.
34-20B-47 Intentional use of unauthorized registration number as felony.
34-20B-48 Intentional falsification or omission of material information as felony.
34-20B-49 Criminal penalties in addition to civil and administrative penalties.
34-20B-50 34-20B-50. Repealed by SL 1997, ch 203, § 1.
34-20B-51 Survival of right of action.
34-20B-52 Civil action for recovery from unlawful distributor--Limitation of actions.
34-20B-53 Minor's recovery payable to parent or conservator.
34-20B-54 Cooperation by department with federal and state agencies.
34-20B-55 Centralized statistical unit--Availability of information.
34-20B-56 State agencies to cooperate with department.
34-20B-57 Exchange of information between governmental officials.
34-20B-58 County and municipal funds authorized.
34-20B-59 Use of county and municipal funds to make illegal purchases.
34-20B-60 Use of county and municipal funds to employ special agents.
34-20B-61 Law enforcement and cooperation by Division of Criminal Investigation and state's attorneys.
34-20B-62 Attorney general to enforce chapter.
34-20B-63 Special powers of agents of Division of Criminal Investigation.
34-20B-64 Drug control fund created--Administration by attorney general--Expenditures--Excess funds.
34-20B-65 34-20B-65, 34-20B-66. Repealed by SL 1978, ch 178, § 577.
34-20B-67 Peace officers to cooperate with Division of Criminal Investigation.
34-20B-68 Trial court jurisdiction to enjoin violations.
34-20B-69 Jury trial of violations of injunction.
34-20B-70 Property subject to forfeiture.
34-20B-70.1 34-20B-70.1 to 34-20B-80. Repealed by SL 2016, ch 138, §§ 23 to 33.
34-20B-81 Unlawful substances deemed contraband--Summary forfeiture.
34-20B-82 Unauthorized Schedule I substances deemed contraband--Summary seizure and forfeiture.
34-20B-83 Seizure and summary forfeiture of plant precursors of Schedule I and II substances--Failure to produce registration as authority.
34-20B-84 34-20B-84 to 34-20B-89. Repealed by SL 2016, ch 138, §§ 34 to 39.
34-20B-90 Burden of proof as to registration or order form.
34-20B-91 Enforcement officers exempt from liability.
34-20B-92 Judicial review of department's decisions--Findings of fact conclusive.
34-20B-93 34-20B-93 to 34-20B-99. Repealed by SL 2016, ch 169, §§ 23 to 29.
34-20B-100 Contracts with government agencies or private organizations.
34-20B-101 34-20B-101, 34-20B-102. Repealed by SL 2016, ch 169, §§ 30, 31.
34-20B-103 34-20B-103, 34-20B-104. Repealed by SL 1985, ch 278, § 54.
34-20B-105 Residential alcohol and drug abuse treatment program authorized at Human Services Center.
34-20B-106 34-20B-106 to 34-20B-109. Repealed by SL 1985, ch 278, § 54.
34-20B-110 34-20B-110. Repealed by SL 2016, ch 169, § 32.
34-20B-111 34-20B-111, 34-20B-112. Repealed by SL 1985, ch 278, § 55.
34-20B-113 Severability of provisions and applications.
34-20B-114 Citation of chapter.
34-20B-115 Kratom--Under age--Misdemeanor.
34-20B-116 State directed opioid trust fund established--Source of funds--Purpose.
34-20B-117 Delta-8 Tetrahydrocannabinol, THC-O Acetate, Hexahydrocannabinol--Under Age--Misdemeanor.
34-20B-118 Industrial hemp--Chemical modification or conversion--Sale or distribution--Penalty.
34-20C-1
Definition of terms.
34-20C-2
Liability for participation in drug market--Law enforcement agency participation.
34-20C-3
Persons entitled to recover damages.
34-20C-4
Persons entitled to bring action.
34-20C-5
Persons from whom damages recoverable.
34-20C-6
Types of damages recoverable under § 34-20C-4.
34-20C-7
Restrictions on action for damages.
34-20C-8
Conditions giving rise to cause of action.
34-20C-9
Actual use of drug required.
34-20C-10
Types of damages recoverable under § 34-20C-8.
34-20C-11
Levels of participation in illegal drug market--Target communities.
34-20C-12
Joint actions.
34-20C-13
Comparative responsibility--Burden of proof.
34-20C-14
Right of contribution.
34-20C-15
Proof of participation in illegal drug market.
34-20C-16
Prior conviction as prima facie evidence of participation in illegal drug market.
34-20C-17
Assets used to satisfy judgment.
34-20C-18
Cause of action--Statute of limitations tolled.
34-20C-19
Action stayed during criminal investigation or prosecution.
34-20D-1
Sale of packages containing pseudoephedrine or ephedrine--Number in single
transaction limited--Exception--Misdemeanor.
34-20D-2
Purchase of packages containing pseudoephedrine or ephedrine--Number in single
transaction limited--Exception--Misdemeanor.
34-20D-3
Requirements for display and offer of product containing pseudoephedrine or
ephedrine as active ingredient.
34-20D-4
Repealed.
34-20D-5
Posting of notice.
34-20D-6
Civil liability for sale of product.
34-20D-7
County or municipality prohibited from establishing higher requirements or penalties.
34-20D-8
Identification and record of buyer of product containing pseudoephedrine, ephedrine,
or phenylpropanolamine--Reporting--Stop-sale alert.
34-20D-8.1
Waiver of electronic reporting--Disclosure of record to law enforcement.
34-20D-9
Immunity from civil liability for good faith release of information to law
enforcement.
34-20D-10
Possession of product, mixture, or preparation containing ephedrine base,
pseudoephedrine base, or phenylpropanolamine base restricted--Exception--Misdemeanor.
34-20D-11
Real-time electronic record-keeping system--Calculation of purchase limitations--Private vendor.
34-20D-12
Law enforcement access to electronic record-keeping system.
CHAPTER 34-20E
PRESCRIPTION DRUG MONITORING PROGRAM
34-20E-1 Definition of terms.
34-20E-2 Prescription drug monitoring program to be established--Medical cannabis qualifying patients.
34-20E-2.1 Prescriber and dispenser registration with program required--Exception.
34-20E-3 Submission of information to central repository.
34-20E-4 Grounds for extension of time to submit information.
34-20E-5 Confidentiality of information.
34-20E-6 Procedures for security of patent information.
34-20E-7 Disclosure of data in central repository to certain persons and entities.
34-20E-8 Fees.
34-20E-9 Records of information requests.
34-20E-10 Contracts to facilitate operation of prescription drug monitoring program.
34-20E-11 Immunity from civil liability.
34-20E-12 Board to review data and refer patients, prescribers, or dispensers engaged in improper activities to law enforcement or regulatory authorities.
34-20E-13 Correction of erroneous information.
34-20E-14 Cooperation with other states.
34-20E-15 Advisory council established.
34-20E-16 Membership of advisory council.
34-20E-17 Recommendations of advisory council.
34-20E-18 Report of knowing failure to submit information or submission of incorrect information to dispenser's licensing board.
34-20E-19 Knowing disclosure of information in violation of chapter as felony.
34-20E-20 Promulgation of rules.
34-20E-21 Repealed.
34-20F-1
Retailer defined.
34-20F-2
Loose leaf incense defined.
34-20F-3
Limit on amount sold in single transaction--Violation as misdemeanor.
34-20F-4
Sale to person under age twenty-one prohibited--Violation as misdemeanor.
34-20F-5
Product to be kept behind counter or in locked case--Violation as misdemeanor.
34-20F-6
Record of identification of buyer.
34-20F-7
Advertising that loose leaf incense can be ingested prohibited--Violation as
misdemeanor.
34-20F-8
Warning label--Violation as misdemeanor.
34-20F-9
Ingredients label.
CHAPTER 34-20G
MEDICAL CANNABIS
34-20G-1 Definitions.
34-20G-2 Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-3 Nonresident cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-4 Presumption that qualifying patient or designated caregiver is engaged in the medical use of cannabis--Presumption rebuttable.
34-20G-5 Practitioners not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-5.1 Certification not authorized.
34-20G-5.2 Certification--Notification to primary or referring practitioner.
34-20G-6 Licensed professionals not subject to discipline for certain conduct.
34-20G-7 Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct.
34-20G-8 Repealed.
34-20G-9 Repealed.
34-20G-10 Repealed.
34-20G-11 Repealed.
34-20G-12 Sale or donation of cannabis seeds to cultivation facility.
34-20G-13 Seizure or forfeiture of cannabis or related property.
34-20G-14 Possession of or application for registry identification card not grounds for search.
34-20G-15 Activity conducted in accordance with chapter lawful.
34-20G-16 Repealed.
34-20G-17 Contracts enforceable.
34-20G-18 Unauthorized conduct.
34-20G-19 Schools and landlords--Prohibited conduct.
34-20G-20 Qualifying patient not disqualified from medical care for cannabis use.
34-20G-21 Custody and visitation rights--Child neglect or endangerment.
34-20G-22 Employment and drug testing--Adverse action not prohibited for safety-sensitive position.
34-20G-23 Conflict with employer's obligations or benefits under federal law.
34-20G-24 Cannabis at workplace--Drug-free policy permitted--Safe harbor.
34-20G-25 Schools, landlords, and employers not to be penalized.
34-20G-25.1 Healthcare and accredited prevention or treatment facilities.
34-20G-26 Repealed.
34-20G-27 Cost reimbursement, permission to smoke or vape cannabis on property, permission to cultivate on rental property, permission to allow conduct related to medical cannabis in public buildings not required.
34-20G-28 Discipline for ingestion of cannabis at workplace and working under the influence of cannabis permitted.
34-20G-28.1 Required notice--Federal firearms law.
34-20G-29 Information required for issuance of registry identification cards--Fee--Fee waiver for follow-up assessment.
34-20G-30 Submission of information by person responsible for medical decisions for qualifying patient.
34-20G-31 Department verification of information--Issuance of registry identification card--Verification system.
34-20G-32 Background check of designated caregiver.
34-20G-33 Issuance of registry identification card to patient under age 18--Conditions.
34-20G-34 Grounds for denial or nonrenewal of qualifying patient registry identification card.
34-20G-35 Grounds for denial of application or nonrenewal of designated caregiver.
34-20G-36 Notice--Denial or revocation.
34-20G-37 Judicial review of application denial or nonrenewal.
34-20G-38 Repealed.
34-20G-39 Repealed.
34-20G-40 Repealed.
34-20G-41 Repealed.
34-20G-42 Contents of registry identification cards.
34-20G-43 Expiration of registry identification card.
34-20G-44 Confidential list--Personal information.
34-20G-45 Secure phone or web-based verification system.
34-20G-46 Required notifications to department.
34-20G-47 Notifications by designated caregiver.
34-20G-48 Issuance of new registry identification card following required notification to department.
34-20G-49 End of debilitating condition--Registry card voided--Disposal of cannabis.
34-20G-50 Theft or loss of cannabis--Notice to department.
34-20G-51 Medical purpose defense.
34-20G-52 Proof of unavailability of defense to prosecution.
34-20G-53 Registry identification card not required to raise defense.
34-20G-54 Person using cannabis for medical purpose not subject to discipline or forfeiture.
34-20G-55 Application for medical cannabis establishment--Contents and conditions--Time for registration.
34-20G-56 County and municipality limitation on number of medical cannabis establishments.
34-20G-57 Medical cannabis establishment registration--Renewal.
34-20G-58 Local ordinances on medical cannabis establishments--Jurisdiction--Civil penalty.
34-20G-58.1 Repealed.
34-20G-59 Local government prohibition of dispensaries not permitted.
34-20G-60 Repealed.
34-20G-61 Criminal background check of medical cannabis establishment officers, employees, and volunteers.
34-20G-62 Employment restrictions on medical cannabis establishments.
34-20G-63 Medical cannabis establishment procedures for oversight and record keeping.
34-20G-64 Medical cannabis establishment security measures.
34-20G-65 Cultivation, harvesting, manufacturing, and packaging of cannabis.
34-20G-65.1 Test samples of cannabis or cannabis products.
34-20G-66 Production of cannabis products.
34-20G-67 Sharing office space and patient referrals to practitioners prohibited.
34-20G-68 Consumption of cannabis on medical cannabis establishment property prohibited.
34-20G-69 Inspection of medical cannabis establishments.
34-20G-70 Cannabis dispensed--Conditions.
34-20G-71 Cannabis dispensed--Confidential record.
34-20G-72 Promulgation of rules--Violation of required or prohibited action as misdemeanor.
34-20G-73 Civil penalty for failure to provide required notice.
34-20G-74 Intentional cannabis sale or transfer to unauthorized person by medical cannabis establishment or agent as felony--Disqualification.
34-20G-75 Intentional cannabis sale or transfer by cardholder to unauthorized person as felony.
34-20G-76 False statement to law enforcement official about medical use of cannabis as misdemeanor.
34-20G-77 Knowing submission of false records or documents to certify medical cannabis establishment as felony.
34-20G-78 Certain conduct of practitioner--Misdemeanor.
34-20G-78.1 Certain conduct of entity--Misdemeanor.
34-20G-78.2 Financial relationship with clinic--Referral prohibited--Exceptions--Penalty.
34-20G-79 Breach of confidentiality of information as misdemeanor.
34-20G-80 Medical cannabis establishment registration--Probation, fine, suspension, or revocation.
34-20G-81 Notice of probation, fine, suspension, or revocation.
34-20G-82 Permitted and prohibited conduct during suspension.
34-20G-83 Revocation of registry identification card for cannabis sale to unauthorized person--Disqualification.
34-20G-84 Revocation of registry identification card for multiple or serious violations.
34-20G-85 Judicial review of revocation.
34-20G-86 Confidential data.
34-20G-87 Data maintained by department--Limited use--Exception.
34-20G-88 Data maintained by department--Grounds for disclosure.
34-20G-88.1 Reporting--Prescription drug monitoring program.
34-20G-89 Cardholder data maintainable by establishment limited--Authorization to maintain PII.
34-20G-90 Cardholder's request for department to confirm cardholder status to others.
34-20G-91 Destruction of unused media containing cardholder information.
34-20G-92 Oversight committee--Membership.
34-20G-92.1 Oversight committee--Leadership.
34-20G-93 Oversight committee--Duties--Input.
34-20G-94 Annual report to the Legislature--Information excluded.
34-20G-95 Administration of medical cannabis to students.
34-20G-96 Probationer or parolee use--Practitioner attestation.
CHAPTER 34-20H
REDISTRIBUTION OF DONATED PRESCRIPTION DRUGS AND MEDICAL SUPPLIES
34-20H-1 Definitions.
34-20H-2 Acceptance of donated drugs and supplies--Conditions--Prohibitions.
34-20H-3 Inspection requirement.
34-20H-4 Participating pharmacy--Requirements.
34-20H-5 Reimbursement.
34-20H-6 Fees authorized.
34-20H-7 Promulgation of rules.
34-20H-8 Criminal prosecution--Civil liability--Exemptions--Immunity.
34-20H-9 Electronic database of drugs and supplies.
CHAPTER 34-21
RADIATION AND URANIUM RESOURCES EXPOSURE CONTROL
34-21-1 State policy as to uses of radiation and uranium resources.
34-21-1.1 Waste disposal--Approval required--Uranium ore and mine tailings excepted.
34-21-2 Definition of terms.
34-21-3 Governor's agreement for discontinuance of federal responsibility--Nuclear Regulatory Commission--Conditioned.
34-21-4.1 Transfer of enforcement of radiation safety control activities, measures pertaining to X ray producing devices and sources of ionizing radiation used for diagnostic or therapeutic purposes in the practice of all healing arts to secretary of Department of Health.
34-21-5 Employment of personnel by agency--Delegation of functions.
34-21-6 Training programs to qualify personnel--Participation in federal and interstate programs.
34-21-7 Development of comprehensive policies and programs.
34-21-8 Investigations and research in radiation problems and monitoring.
34-21-9 Consultation and cooperation with federal, public and other agencies.
34-21-10 Acceptance and administration of loans and grants.
34-21-11 Collection and dissemination of information.
34-21-12 Adoption and enforcement of rules and regulations.
34-21-13 Programs for regulation and inspection--Preoperational environmental radiological monitoring plans.
34-21-14 Incidental powers of agency.
34-21-15 Rules and regulations for control of radiation.
34-21-16 Unauthorized use of radioactive materials as misdemeanor.
34-21-17 Opinions on construction plans--Information from federal and private entities.
34-21-18 Licensing of ionizing radiation sources--Fees.
34-21-19 Rules and regulations for licensing of nuclear materials and equipment.
34-21-20 Registration or licensing required for handling of radioactive materials--Misdemeanor--Exemption of materials without hazard.
34-21-21 Recognition of other state or federal licenses--Previously issued federal license.
34-21-22 Notice to secretary of extension or alteration of program by registrant or licensee--Failure to notify as misdemeanor.
34-21-23 Unauthorized exposure to diagnostic or therapeutic radiation as misdemeanor.
34-21-24 Records required with respect to ionizing radiation sources and environmental monitoring.
34-21-25 Individual exposure records for ionizing radiation.
34-21-26 Records submitted to agency on request.
34-21-27 Individual exposure records furnished to employees.
34-21-28 Access of agency personnel to premises for inspection and investigations--Examination and maintenance of records.
34-21-29 Inspection of radiation sources to evaluate compliance--Upgrading monitoring program.
34-21-30 Inspections for radiation hazards--Report to operator.
34-21-31 Orders abating discharge of radioactive material.
34-21-32 Impounding of radiation sources for violations.
34-21-33 Files maintained by agency.
34-21-34 Procedure on license matters.
34-21-35 Notice of suspected violations--Opportunity for hearing.
34-21-36 Order finding violation--Forwarding to violator.
34-21-37 Hearing on suspected violation--Hearing officers.
34-21-38 Findings and decision.
34-21-39 Emergency order to protect public health and safety--Immediate effect.
34-21-40 Hearing on emergency order--Finality of order.
34-21-41 Appeal from agency order or determination.
34-21-42 34-21-42, 34-21-43. Omitted.
34-21-44 Violation as misdemeanor--Injunction--Each day as separate violation.
34-21-45 Injunction proceedings brought by attorney general.
34-21-46 Chapter supplementary to other legislation.
34-21-47 Notice by federal agency prior to transmitting waste.
34-21-48 Time for notice.
34-21-49 Transportation without timely notice prohibited.
34-21-50 Investigation of waste disposal applicants located within fifty miles of state borders.
34-21-51 Investigation objectives.
34-21-52 Felony convictions or permit violations by applicant may result in legal actions.
CHAPTER 34-21B
SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
34-21B-1. Repealed.
34-21B-2. Superseded.
34-21B-3. Southwestern Low-Level Radioactive Waste Disposal Compact.
34-21C-1
Definition of terms.
34-21C-2
Regulation of radioactive materials below regulatory concern.
34-21C-3
Applications unaffected.
CHAPTER 34-22
CONTAGIOUS DISEASE CONTROL
34-22-1 Definitions.
34-22-1.1 State system of quarantine--Inspection and isolation of conveyances of common carriers.
34-22-2 34-22-2. Repealed by SL 2015, ch 181, § 3.
34-22-3 34-22-3, 34-22-4. Repealed by SL 2002, ch 168, §§ 36, 37.
34-22-5 Exposure of self or others to communicable disease as misdemeanor.
34-22-6 Compelling vaccination as misdemeanor.
34-22-7 34-22-7, 34-22-8. Repealed by SL 2015, ch 181, §§ 5, 6.
34-22-9 State-wide system for prevention, control, and treatment of communicable disease--Promulgation of rules.
34-22-10 Laboratory and radiological services provided by department.
34-22-11 Screening and testing for communicable disease.
34-22-11.1 Approved medically accepted procedures required for performance of specific health services.
34-22-11.2 Specific health services.
34-22-12 Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules.
34-22-12.1 Confidentiality of reports--Exceptions.
34-22-12.2 Violation of confidentiality as misdemeanor.
34-22-12.3 Effect of good faith reporting.
34-22-12.4 Compliance with reporting requirements--Liability.
34-22-12.5 Sharing of immunization records permitted unless signed refusal in medical record--Violation as a misdemeanor.
34-22-13 Consultation with physicians and institutions.
34-22-14 Enforcement of regulations for control of communicable diseases.
34-22-15 34-22-15, 34-22-16. Repealed by SL 2015, ch 181, §§ 12, 13.
34-22-17 Communicable disease control supervised by department--Program applied statewide.
34-22-18 Refusal to accept diagnosis or treatment or to follow directives as misdemeanor.
34-22-18.1 Action for injunction to enforce department directive or order--Confidential information.
34-22-19 Freedom to select physician or institution preserved--Cases under surveillance of department.
34-22-20 34-22-20 to 34-22-22. Repealed by SL 2015, ch 181, §§ 17 to 19.
34-22-23 Inspection of records of hospital or laboratory by secretary.
34-22-24 34-22-24. Repealed by SL 2015, ch 181, § 20.
34-22-25 Health officer or physician to report information on person with dangerous communicable disease.
34-22-26 34-22-26 to 34-22-30. Repealed by SL 2015, ch 181, §§ 22 to 26.
34-22-31 34-22-31 to 34-22-33. Omitted.
34-22-34 34-22-34 to 34-22-38. Repealed by SL 2015, ch 181, §§ 27 to 31.
34-22-39 Religious rights and practices preserved.
34-22-40 34-22-40. Repealed by SL 2015, ch 181, § 32.
34-22-41 "Public health emergency" defined.
34-22-42 Secretary may declare public health emergency--Contents of order.
34-22-43 Department primarily responsible for public health emergency response--Scope of authority--Promulgation of rules.
34-22-44 Termination of declared emergency--Renewal.
34-22-44.1 Definition of statewide emergency registry volunteer.
34-22-44.2 Statewide emergency registry volunteers--Immunity from civil liability.
34-22-45 (Section effective on the date federal funding received for administering vaccinations for first responders.) Voluntary vaccination program for first responders--Exposure to infectious diseases at disaster locations.
34-23-1
Syphilis, gonorrhea, and chancroid--Intentional exposure of another as misdemeanor.
34-23-2
Reports of cases required of physicians and institutions--Information confidential.
34-23-3
Investigation of sources of infection--Repression of prostitution.
34-23-4
Infected persons required to submit to treatment--Isolation or quarantine.
34-23-5
Quarantine or isolation of infected person convicted of moral offense.
34-23-6
Examination and treatment of prisoners.
34-23-7
Treatment facilities provided by prison officials--Prisoners required to undergo
treatment.
34-23-8
Service of criminal sentence not interfered with.
34-23-9
Attending physician to take blood sample from pregnant woman--Submission to
office of laboratory services for testing.
34-23-10
Blood sample and testing when pregnant woman not attended by physician.
34-23-11
Repealed.
34-23-12
Blood test during pregnancy noted on birth certificate--Result not stated.
34-23-13
Rules and regulations for venereal disease control.
34-23-14
Violation as misdemeanor.
34-23-15
Treatment of minors--Definition of terms.
34-23-16
Minor's consent to treatment by physician valid--Prophylactic treatment--Disaffirmance prohibited.
34-23-17
Treatment of minors by health departments authorized.
34-23-18
Immunity of agencies treating minors--Liability for negligence.
CHAPTER 34-23A
PERFORMANCE OF ABORTIONS
34-23A-1 Definition of terms.
34-23A-1.1 Attempt to perform abortion defined.
34-23A-1.2 Legislative findings--Termination of life.
34-23A-1.3 Legislative findings--Relationship between pregnant woman and unborn child.
34-23A-1.4 Legislative findings--Risks to life and health of pregnant woman.
34-23A-1.5 Legislative findings--Special protection of rights of pregnant women.
34-23A-1.6 Legislative findings--Standard of practice requiring informed consent.
34-23A-1.7 Common law cause of action for medical malpractice informed consent claims based on reasonable patient standard reaffirmed--Application to abortion procedures--Construction.
34-23A-2 Repealed.
34-23A-2.1 Physician to inform in case of medical emergency.
34-23A-3 Repealed.
34-23A-4 Repealed.
34-23A-5 Repealed.
34-23A-6 Blood supply and testing facilities to be available during abortion--Inoculations required.
34-23A-7 Forty-eight hour notice to parent or guardian for minor or incompetent female--Delivery of notice--Exceptions.
34-23A-7.1 Abortion without notification--Participation and representation of female--Confidentiality--Appeal of denial.
34-23A-8 34-23A-8, 34-23A-9. Repealed by SL 1977, ch 189, § 126; SL 1977, ch 190, §§ 63, 64.
34-23A-10 34-23A-10. Repealed by SL 1993, ch 249, § 3.
34-23A-10.1 Voluntary and informed consent required--Medical emergency exception--Information provided.
34-23A-10.2 Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized.
34-23A-10.3 Publication of educational materials.
34-23A-10.4 Department of Health to develop and maintain multi-media website--Contents--Collection of related statistics.
34-23A-10.5 Form required by 34-23A-10.1(1) to be prescribed by department.
34-23A-11 Counselor or social worker not liable for arranging abortion--Retaliation from employer prohibited.
34-23A-12 No liability for refusal to perform abortion.
34-23A-13 Medical facility not to discriminate for performance or refusal to perform abortion.
34-23A-14 Hospital not required to perform abortions--No liability for refusal of abortion as policy.
34-23A-15 34-23A-15. Repealed by SL 1982, ch 263.
34-23A-16 Birth certificate for live birth resulting from abortion--Death certificate on subsequent death.
34-23A-16.1 Child born alive--Preservation of life and health.
34-23A-16.2 Abortion--Child born alive--Civil and disciplinary action.
34-23A-17 Use of fetal tissue, organs, or body parts for research or transplantation prohibited--Exceptions--Violation as felony.
34-23A-18 Abortion as evidence in proceedings to terminate parental rights or to adjudicate dependency of child.
34-23A-19 Performance of abortion--Required reports--Rules.
34-23A-20 Severability of provisions.
34-23A-21 Construction of chapter.
34-23A-22 Cause of action for certain abortions--Amount of damages--Attorney's fees.
34-23A-23 Anonymity of female plaintiff--Specific written findings.
34-23A-24 Analyses of maternal mortality.
34-23A-25 Analyses of pregnancy outcomes.
34-23A-26 Publication of findings on maternal mortality and pregnancy outcomes.
34-23A-27 Partial-birth abortion prohibited--Violation a felony.
34-23A-28 Application of partial-birth abortion prohibition.
34-23A-29 Civil action for death of fetus or infant in partial-birth abortion.
34-23A-30 Money damages in partial-birth abortion.
34-23A-31 Prosecution of woman upon whom partial-birth abortion performed.
34-23A-32 Partial-birth abortion defined.
34-23A-33 Fetus and infant defined.
34-23A-34 Physician's reporting form--Contents.
34-23A-35 Submission of physician's information report.
34-23A-36 Annual public report--Information included.
34-23A-37 Information collection form.
34-23A-38 Submission of information collection form.
34-23A-39 Reporting form for use of notice described in § 34-23A-7.
34-23A-40 Submission of reporting form.
34-23A-41 Penalty for failure to submit reporting form.
34-23A-42 Failure to submit reporting form a misdemeanor.
34-23A-43 Department to ensure compliance--Inspection.
34-23A-44 Department to ensure anonymity--Confidentiality of communication.
34-23A-45 "Induced abortion" defined.
34-23A-46 Licensing of abortion facilities.
34-23A-47 Exceptions to abortion facility license requirement.
34-23A-48 Application for abortion facility license--Contents--Fee--Inspection and investigation--Renewal.
34-23A-49 Compliance inspections.
34-23A-49.1 Inspection information to be posted on department's public website.
34-23A-50 Fees to be deposited in abortion facility licensing fund.
34-23A-51 Promulgation of rules--Minimum standards for abortion facilities.
34-23A-52 Opportunity to view sonogram and hear child's heartbeat--Documentation of response to offer.
34-23A-52.1 Medical emergency exception.
34-23A-53 Definition of terms.
34-23A-54 Legislative findings.
34-23A-55 Duties of physician in addition to common law.
34-23A-56 Scheduling of abortion--Prior requirements.
34-23A-57 Patient's written signed statement.
34-23A-58 Registry of pregnancy help centers.
34-23A-58.1 Certification of conditions by pregnancy help centers.
34-23A-58.2 Pregnancy help centers placed on registry before January 1, 2012.
34-23A-58.3 Pregnancy help centers placed on registry after January 1, 2012.
34-23A-58.4 Registry may not include entities licensed to place children for adoption or perform abortions--List of licensed persons who provide counseling--Removal from registry for failure to comply.
34-23A-59 Pregnancy help center consultations.
34-23A-59.1 Licensed professionals required at pregnancy help centers.
34-23A-59.2 Release of confidential information as misdemeanor.
34-23A-60 Civil action for failure to comply with §§ 34-23A-56 and 34-23A-57.
34-23A-61 Civil action for failure to comply with chapter.
34-23A-62 Repeal not implied.
34-23A-63 Definitions regarding sex-selective abortions.
34-23A-64 Sex-selective abortions prohibited--Felony.
34-23A-65 Repeal not implied.
34-23A-66 34-23A-66. Repealed by SL 2016, ch 179, § 6.
34-23A-67 Legislative findings as to unborn child capable of experiencing pain.
34-23A-68 Definitions regarding unborn child capable of experiencing pain.
34-23A-69 Abortion of unborn child capable of feeling pain prohibited--Felony--Exceptions.
34-23A-70 Time when unborn child capable of feeling pain--Diagnosis of post-fertilization age of unborn child.
34-23A-71 Intent of pregnant mother to inflict self-harm not medical emergency.
34-23A-72 Requirements when abortion of unborn child capable of feeling pain necessary due to medical emergency.
34-23A-73 Repeal not implied.
34-23A-74 Legislative finding that Planned Parenthood facility in Sioux Falls performs ninety-eight percent of abortions.
34-23A-75 Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1(1)(b) and (e)(ii).
34-23A-76 Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
34-23A-77 Legislative finding that statement in § 34-23A-76 does not comply with subsection 34-23A-10.1(1)(e)(ii).
34-23A-78 Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(e)(ii).
34-23A-79 Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
34-23A-80 Legislative finding that statement in § 34-23A-79 does not comply with subsection 34-23A-10.1(1)(b).
34-23A-81 Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(b).
34-23A-82 Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1(1)(c) and (d).
34-23A-83 Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
34-23A-84 Legislative finding that statement in § 34-23A-83 fails to adequately provide, explain, or discuss disclosures required by subsections 34-23A-10.1(1)(c) and (d).
34-23A-85 Legislative finding regarding noncompliance with subsections 34-23A-10.1(1)(c) and (d).
34-23A-86 Legislative finding regarding pregnant mother's appreciation and understanding of disclosures required by subsections 34-23A-10.1(1)(b), (c) and (d).
34-23A-87 Legislative finding regarding phrase "politicians in the State of South Dakota require us to tell you that...".
34-23A-88 Legislative finding regarding inclusion of disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) in counseling provided by registered pregnancy help centers.
34-23A-89 Definition--Down syndrome.
34-23A-90 Down syndrome--Abortion prohibited--Penalty.
34-23A-91 Intentional, knowing, or negligent failure to comply--Civil action.
34-23A-92 Exemptions to save life of the mother.
34-23A-93 Nonrepealer clause.
34-23A-94 Informational video--Abortion law.
CHAPTER 34-23B
PRENATAL EDUCATION
34-23B-1 Prenatal effects of drug and alcohol use.
34-23B-2 Creation and administration of prenatal educational program.
34-23B-3 Age-appropriate education materials available to school districts.
34-23B-4 Toll-free information line.
34-23B-5 Screening materials to detect at-risk users of drugs and alcohol.
34-23B-6 Referral to alcohol or drug program--Immunity from liability.
34-23B-7 Definitions.
34-23B-8 Perinatal hospice providers and programs.
34-23B-9 Receipt of information.
CHAPTER 34-24
CHILD HEALTH
34-24-1 34-24-1 to 34-24-4. Omitted.
34-24-5 34-24-5, 34-24-6. Repealed by SL 2013, ch 154, §§ 37, 38.
34-24-7 34-24-7. Repealed by SL 1978, ch 253, § 3.
34-24-8 34-24-8 to 34-24-11. Repealed by SL 2013, ch 154, §§ 39 to 42.
34-24-12 34-24-12. Repealed by SL 1978, ch 253, § 2.
34-24-13 34-24-13 to 34-24-15. Repealed by SL 2013, ch 154, §§ 43 to 45.
34-24-16 Educational program on metabolic diseases.
34-24-17 Screening of newborn infants for metabolic, inherited, and genetic disorders.
34-24-18 Phenylketonuria, hypothyroidism, and galactosemia testing in newborn.
34-24-19 Phenylketonuria, hypothyroidism, or galactosemia tests when facilities not available.
34-24-20 Phenylketonuria, hypothyroidism and galactosemia tests provided by department for newborn not tested.
34-24-21 Procedures prescribed after positive phenylketonuria, hypothyroidism, or galactosemia tests.
34-24-22 Testing for other metabolic, inherited, or genetic disorders.
34-24-23 Results of tests for metabolic, inherited, or genetic disorders reported to department.
34-24-24 Information to be provided to parents or guardians.
34-24-25 Rules and regulations.
34-24-26 34-24-26. Repealed by SL 2016, ch 169, § 33.
34-24-27 Reports of fetal alcohol syndrome.
34-24-28 Confidentiality of reports.
34-24-29 Disclosure of confidential reports as misdemeanor.
34-24-30 Good faith reporting not a libel or slander.
34-24-31 Civil and criminal immunity.
34-24-32 Pulse oximetry test required for newborns.
34-24-33 Prohibited medical interventions--Definitions.
34-24-34 Prohibited medical interventions--Intent--Actions.
34-24-35 Prohibited medical interventions--Exceptions.
34-24-36 Prohibited medical interventions--License or certification revocation.
34-24-37 Prohibited medical interventions--Civil action--Time of commencement.
34-24-38 Prohibited medical interventions--Certain use of drugs or hormones temporarily permitted.
CHAPTER 34-24A
FLUORIDATION OF WATER
34-24A-1 Duty of control of fluoride content in municipal water supply.
34-24A-1.1 Functions performed by Department of Agriculture and Natural Resources and Board of Minerals and Environment.
34-24A-2 Rules and regulations relating to fluoridation of water supplies.
34-24A-3 Enforcement of fluoridation requirements--Number of users requiring fluoridation--Exemption from fluoridation requirement.
34-24B-1 Blood recipients allowed to specify donors--Screening--Liability.
34-24C-1
Program to educate public.
34-24C-2
Program to provide money to medical institutions--Subsidies based upon income of
mammogram recipient--Promulgation of rules.
34-24C-3
Application for grant to provide subsidized mammograms--Responsibilities of grant
recipients.
34-24C-4
"Medical institution" defined.
CHAPTER 34-25
VITAL RECORDS AND BURIAL PERMITS
34-25-1 Department of Health to have charge of registration.
34-25-1.1 Definition of terms.
34-25-2 34-25-2, 34-25-3. Repealed by SL 1972, ch 194, § 45.
34-25-4 Vital registration districts--Establishment, consolidation or subdivision.
34-25-4.1 Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty.
34-25-5 34-25-5 to 34-25-7. Repealed by SL 1972, ch 194, § 45.
34-25-8 Birth registration--Certificate of live birth--Time for filing--Availability of records.
34-25-8.1 Birth in moving conveyance.
34-25-8.2 34-25-8.2. Repealed by SL 1989, ch 297, § 2.
34-25-9 Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate.
34-25-9.1 Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.
34-25-9.2 Birth certificate signed by parents or informant.
34-25-10 34-25-10 to 34-25-13. Repealed by SL 1972, ch 194, § 45.
34-25-13.1 Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.
34-25-13.2 Parents' consent or judicial determination required to name father in birth certificate when mother unmarried.
34-25-13.3 Unmarried mother's surname shown on birth certificate unless paternity acknowledged.
34-25-13.4 Father not named on birth certificate--No other information entered.
34-25-14 Child of unknown parents--Physician to name child and file birth certificate.
34-25-15 Legitimation of child--New birth certificate--Fee.
34-25-16 Adoption information forwarded by clerk of courts.
34-25-16.1 New birth certificate upon adoption of child born in state or foreign nation--Exception.
34-25-16.2 Birth certificate after adoption when birth unrecorded.
34-25-16.3 Adoption information on child born out-of-state forwarded to state of birth.
34-25-16.4 Sealing of original birth certificate and adoption information--Opening of sealed materials.
34-25-16.5 Original birth certificate sealed or forwarded to department after new certificate issued.
34-25-16.6 Copies of birth certificates.
34-25-16.7 Determining mother for birth certificate.
34-25-16.8 New birth certificate for certain crime victims--Sealing.
34-25-17 34-25-17. Repealed by SL 1972, ch 194, § 45.
34-25-18 Medical certificate signed by attending physician, physician assistant, or nurse practitioner--Time for execution.
34-25-18.1 Determination of death.
34-25-19 34-25-19, 34-25-20. Repealed by SL 1972, ch 194, § 45.
34-25-21 Notice of death without attending physician, physician assistant, or nurse practitioner--Preparation of medical certificate--Violation as misdemeanor.
34-25-22 Reference to state's attorney, sheriff, or police of death from other than natural causes.
34-25-22.1 Blood samples taken in violent or accidental death cases--Transmission to laboratory.
34-25-23 34-25-23. Repealed by SL 1972, ch 194, § 45.
34-25-24 Permit required for disposition of dead body or fetus.
34-25-24.1 Notice to funeral director--Communicable disease or condition.
34-25-25 Fact of death record filed by funeral director--Sources of data--Place and time of filing.
34-25-25.1 Place of filing death certificate when place of death unknown or in moving conveyance required.
34-25-26 34-25-26 to 34-25-32. Repealed by SL 1972, ch 194, § 45.
34-25-32.1 Report required of certain fetal deaths other than abortions.
34-25-32.2 Fetal death report filed by physician--Coroner to report unattended deaths.
34-25-32.3 Disposition of remains of embryo or fetus.
34-25-32.4 Medical facility to provide for disposal of aborted fetuses.
34-25-32.5 Failure to comply as public nuisance.
34-25-32.6 Disposition of fetal remains--Method.
34-25-32.7 Fetal organ, tissue donation--Circumstances--Consent required.
34-25-32.8 Definitions related to stillbirth.
34-25-32.9 Notice to parent of means for requesting a certificate of birth resulting in stillbirth.
34-25-32.10 Name of stillborn child on certificate of birth resulting in stillbirth.
34-25-32.11 Fetal death report to be referenced on certificate of birth resulting in stillbirth.
34-25-32.12 Form and content of certificate of birth resulting in stillbirth.
34-25-32.13 Certificate of birth resulting in stillbirth not used to calculate live birth statistics.
34-25-32.14 Fee for certificate of birth resulting in stillbirth.
34-25-32.15 Certificate may be requested without regard to filing date of fetal death report.
34-25-32.16 Certificate may be requested without regard to date of fetal death.
34-25-33 Burial or removal permit filed by funeral director after final disposition.
34-25-34 Burial-transit permit issued out-of-state as authority for final disposition.
34-25-35 34-25-35. Repealed by SL 1972, ch 194, § 45.
34-25-36 Records and monthly report of funeral director.
34-25-37 34-25-37. Repealed by SL 1972, ch 194, § 45.
34-25-38 Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rules.
34-25-38.1 Issuance of disinterment permit.
34-25-39 Completion of burial permit when no person in charge of cemetery.
34-25-40 34-25-40, 34-25-41. Repealed by SL 1972, ch 194, § 45.
34-25-42 Delayed registration of birth, death, or marriage--Fee.
34-25-43 Software, blanks and forms supplied by department--Use of forms or exact electronic replicas required.
34-25-44 Blank forms supplied by local registrar--Examination of permit for disposition on presentation.
34-25-45 Legibility of records and certificates--Incomplete or illegible certificates not filed.
34-25-46 Signing, dating, and numbering of permits for disposition by local registrar.
34-25-47 34-25-47 to 34-25-50. Repealed by SL 1972, ch 194, § 45.
34-25-51 Amendment of vital record--Fee for delayed amendment.
34-25-52 Copies of certified or informational records supplied by department or local registrars--Application--Time--Fees.
34-25-52.1 Copies or data supplied to public or private agencies.
34-25-52.2 Additional fee for copy of birth record--Disposition.
34-25-52.3 Free birth certificate with head start enrollment form.
34-25-52.4 Uniform forms and procedures for issuance of copies of records--Rules.
34-25-52.5 Construction of chapter--Disclosure of specified information on birth, marriage, or divorce certificates--Admissibility.
34-25-52.6 Disclosure of information in or inspection or copying of vital record--Authorization of chapter or court.
34-25-52.7 Free birth certificate upon proof of homelessness.
34-25-53 34-25-53. Repealed by SL 1972, ch 194, § 45.
34-25-54 Certified copies supplied free for military or veterans' claims--Minors participating in sports programs.
34-25-55 34-25-55, 34-25-56. Repealed by SL 1972, ch 194, § 45.
34-25-57 Violation of requirements as misdemeanor.
34-25-57.1 34-25-57.1. Repealed by SL 1977, ch 190, § 67.
34-25-57.2 Unintentional issuance of certified copy of vital record fraudulently obtained--Personal liability.
34-25-58 Enforcement and supervisory powers of department--Investigations by secretary.
34-25-59 34-25-59, 34-25-60. Repealed by SL 1972, ch 194, § 45.
34-25-61 Severability of provisions.
34-25-62 Electronic list of persons married in South Dakota.
CHAPTER 34-26
CUSTODY AND DISPOSITION OF BODIES AND BODY PARTS
34-26-1 Personal right to direct disposition of body and bodily parts.
34-26-2 Autopsy authorized.
34-26-3 Dissection authorized by decedent during life.
34-26-4 Dissection authorized by spouse or next of kin.
34-26-5 Dissection for purposes of inquest authorized by coroner, sheriff, or state's attorney.
34-26-6 Dissection of body of state institution inmate--Consent of next of kin required--Abandoned inmate.
34-26-7 Dissection authorized by legislative enactment.
34-26-8 Notice to medical school of unclaimed body--Requisition by and forwarding to medical school.
34-26-9 Receipt and record of bodies received by medical school.
34-26-10 Embalming and preservation of bodies by medical school--Claim by friend or relative.
34-26-11 Use of unclaimed bodies by medical school--Burial of remains.
34-26-12 Autopsies at hospitals for the mentally ill.
34-26-13 Unauthorized dissection of body as misdemeanor.
34-26-14 Right to custody of dead body--Coroner's custody pending inquest.
34-26-15 Burial within reasonable time required.
34-26-16 Repealed.
34-26-17 Right and duty of burial on failure by persons first charged--County claim against estate for expense of burial.
34-26-18 Failure to make burial as misdemeanor--Civil liability for treble expenses.
34-26-19 Provisions applicable to parts of body.
34-26-20 34-26-20, 34-26-21. Repealed by SL 2007, ch 197, § 26.
34-26-21.1 Department of Public Safety distribution of information on organ donation.
34-26-22 34-26-22 to 34-26-46. Repealed by SL 2007, ch 197, § 26.
34-26-47 Hospital protocol for identifying potential organ donors.
34-26-47.1 Discrimination in organ transplant process prohibited.
34-26-48 Short title.
34-26-49 Definitions.
34-26-50 Applicability.
34-26-51 Who may make anatomical gift before donor's death.
34-26-52 Manner of making anatomical gift before donor's death.
34-26-52.1 Organ donor designation on driver licenses and identification cards--Maintenance and removal of donor designation in department computer records.
34-26-53 Amending or revoking anatomical gift before donor's death.
34-26-54 Refusal to make anatomical gift--Effect of refusal.
34-26-55 Preclusive effect of anatomical gift, amendment, or revocation.
34-26-56 Who may make anatomical gift of decedent's body or part.
34-26-57 Manner of making, amending, or revoking anatomical gift of decedent's body or part.
34-26-58 Persons who may receive anatomical gift--Purpose of anatomical gift.
34-26-59 Search and notification.
34-26-60 Delivery of document of gift not required--Right to examine.
34-26-61 Rights and duties of procurement organization and others.
34-26-62 Coordination of procurement and use.
34-26-63 Sale or purchase of parts prohibited.
34-26-64 Other prohibited acts.
34-26-65 Immunity.
34-26-66 Law governing validity--Choice of law as to execution of document of gift--Presumption of validity.
34-26-67 Donor registry.
34-26-68 Effect of anatomical gift on advance health care directive.
34-26-69 Cooperation between coroner and procurement organization.
34-26-70 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.
34-26-71 Uniformity of application and construction.
34-26-72 Relation to Electronic Signatures in Global and National Commerce Act.
34-26-73 Disposition of body of deceased servicemember.
34-26-74 Contracts for disposition--Funeral--Burial.
34-26-75 Disposition of remains--Control--Right and duty.
34-26-76 Forfeiture of right.
34-26-77 Affidavit--Designation by decedent.
34-26-78 Court determination against statutory precedence--Considerations.
34-26-79 Funeral service agreement-- Disposition authorization—Reliance upon content.
34-26-80 Funeral homes--Limitation of liability--Acting in good faith.
CHAPTER 34-26A
CREMATORIES AND CREMATIONS
34-26A-1 Definitions.
34-26A-2 Repealed.
34-26A-3 Crematory operator--Licensed and certified--Certification requirements.
34-26A-4 Repealed.
34-26A-4.1 Crematory establishment--Licensure.
34-26A-4.2 Crematory licensure--Expiration--Renewal--Crematory inspection--Fee.
34-26A-5 Repealed.
34-26A-5.1 Crematory licensure--Suspension or revocation--Hearing--Promulgation of rules.
34-26A-6 Repealed.
34-26A-6.1 Authorization to cremate--Form.
34-26A-6.2 Authorization to cremate--Pre-need contract.
34-26A-6.3 Authorization to cremate--Limited crematory immunity.
34-26A-7 Delegation of authority--Crematory immunity.
34-26A-8 Repealed.
34-26A-9 Repealed.
34-26A-9.1 Delivery of decedent--Receipt--Contents--Unidentified remains not acceptable.
34-26A-10 Repealed.
34-26A-11 Repealed.
34-26A-12 Repealed.
34-26A-12.1 Prohibitions.
34-26A-13 Repealed.
34-26A-13.1 Required time before cremation--Waiver--Coroner's release.
34-26A-14 Notification of coroner--Death to be investigated--Release to cremate.
34-26A-15 Repealed.
34-26A-16 Repealed.
34-26A-16.1 Remains awaiting cremation--Acceptable locations.
34-26A-17 Repealed.
34-26A-18 Repealed.
34-26A-19 Identification of human remains--Tracking.
34-26A-20 Removal of cremated remains--Urn or temporary container.
34-26A-20.1 Recyclable materials.
34-26A-21 Repealed.
34-26A-21.1 Record of the cremation--Retention.
34-26A-22 Repealed.
34-26A-22.1 Filing of burial permit.
34-26A-23 Repealed.
34-26A-23.1 Release of cremated remains--Receipt.
34-26A-23.2 Cremated remains--Shipping options.
34-26A-24 Repealed.
34-26A-24.1 Disposition of remains--Directive followed--Responsibility for costs.
34-26A-25 Repealed.
34-26A-25.1 Records--Period of retention--Inspection.
34-26A-26 Repealed.
34-26A-27 Repealed.
34-26A-28 Repealed.
34-26A-29 Repealed.
34-26A-30 Repealed.
34-26A-31 Refusal to accept remains or cremate--Grounds--Immunity.
34-26A-32 Refusal to release or dispose remains pending dispute resolution--Immunity.
34-26A-33 Promulgation of rules.
34-26A-34 Repealed.
34-26A-35 Penalties.
34-26A-36 Repealed.
34-26A-37 Pre-need contract--Requirements.
34-26A-38 Pre-need authorization to cremate--Retention--Revocation.
34-26A-39 Repealed.
34-26A-40 Cremation according to pre-need contract--Immunity.
34-26A-41 Repealed.
34-26A-42 Change of ownership--Report to board.
34-27-1 to 34-27-3. Repealed.
34-27-4
Superseded.
34-27-5
Racial discrimination in cemetery as petty offense--Restrictive covenants void--Immunity from liability for damages.
34-27-6
Burial record book required of cemetery--Indexes--Ownership records--Official
inspection.
34-27-7
Purpose of requirements as to cemetery plats.
34-27-8
Subdivision and platting of cemeteries required--Filing with local registrar of vital
records.
34-27-9
Numbering of grave spaces on cemetery plat--Designation of veterans' burials--Marking of burials.
34-27-10
Cemetery plats received by local registrar--Posting when burial permit issued.
34-27-11
Card-index records of burials maintained by local registrar--Contents.
34-27-12
Supervision of burial record system by Department of Health--Enforcement powers.
34-27-13
Filing by local registrars of data from graves registration survey project--Fees not
receivable.
34-27-14
Violation or failure to maintain records as misdemeanor.
34-27-15
Duty of reinterment when cemetery removed--Punishment for omission of duty.
34-27-16
Liability for expense of reinterment on removal of cemetery.
34-27-17
Punishment for omission to reinter when cemetery removed.
34-27-18
Opening grave or breaking building with intent to remove body or coffin as
misdemeanor.
34-27-19
Removing dead body maliciously or with intent to sell or dissect as misdemeanor.
34-27-20
Receiving dead body unlawfully removed as misdemeanor.
34-27-21
Definition of terms.
34-27-22
Buying, selling, or bartering human skeletal remains or funerary objects as felony.
34-27-23
Repealed.
34-27-24
Commercial display of human skeletal remains or funerary objects as felony.
34-27-25
Reporting discovery of human skeletal remains--Failure to report as misdemeanor.
34-27-26
Disturbing human skeletal remains or funerary objects as felony.
34-27-27
Repealed.
34-27-28
Notification to landowner and coroner--Notification to state archaeologist and tribal
officials--Time limits.
34-27-29
Repealed.
34-27-30
Rules promulgated by State Historical Society Board of Trustees.
34-27-31
Discovery of human remains or funerary objects by state educational institution or
museum--Contact state archaeologist--Notice to tribal officials--Tribal request--Disposition of remains or objects.
34-27-32
Refusal to turn over remains or objects to tribal group--Appeal.
34-27-33
Confidentiality of archaeological records pertaining to location of unmarked burials
and other human remains--Exceptions.
34-28-1
Allowing steam boiler or engine to endanger life as misdemeanor.
34-28-2
Repealed.
34-28-3
Abandonment of air-tight refrigerator or other furniture as misdemeanor.
34-28-4
Repealed.
34-28-5
Glazing materials in buildings--Definition of terms.
34-28-6
Labeling of safety glass--Contents--Visibility--Use prohibited on other materials--Violation as petty offense.
34-28-7
Safety glass required in hazardous locations.
34-28-8
Repealed.
34-28-9
Employees exempt from liability.
34-28-10
Local ordinances supplemental--Conflicts.
CHAPTER 34-29A
BOILER SAFETY
34-29A-1 Definition of terms.
34-29A-2 Inspectors within department.
34-29A-3 Qualifications and appointment of chief inspector.
34-29A-4 Qualifications and employment of deputy inspectors.
34-29A-5 34-29A-5. Repealed by SL 1982, ch 18, § 37.
34-29A-6 Commissions issued to special inspectors employed by insurance companies--Examination or previous certification required.
34-29A-7 Insured boilers inspected by special inspectors--Exemption from state fees except boiler annual operation certificate.
34-29A-8 Special inspectors not paid by state--Commission conditioned on continuing employment.
34-29A-8.1 Inspection--Liability.
34-29A-9 Examinations for inspectors--Scope--Second examination on appeal--Records available to applicant and employer.
34-29A-10 Replacement of lost or destroyed commission.
34-29A-11 Hearing on qualifications of special inspector--Revocation of commission.
34-29A-12 Suspension of special inspector's commission--Grounds--Notice--Appeal.
34-29A-13 Reinstatement of suspended commission.
34-29A-14 Boilers exempt from application of chapter.
34-29A-14.1 Rules and regulations for inspection of historic power boilers.
34-29A-14.2 Inspectors of historic power boilers.
34-29A-15 34-29A-15. Repealed by SL 1982, ch 18, § 44.
34-29A-16 Program of boiler inspection established by department--Rules.
34-29A-17 34-29A-17. Temporary and executed.
34-29A-18 34-29A-18 to 34-29A-21. Repealed by SL 1982, ch 18, §§ 46 to 49.
34-29A-22 Maximum allowable pressure of boilers--Computation.
34-29A-23 Reuse of existing boilers.
34-29A-24 New boilers to conform to rules--Special installation and operation certificate.
34-29A-25 Certificate required to operate boiler--Unauthorized operation as misdemeanor--Each day as separate offense.
34-29A-26 Inspections required for operating boilers--Frequency of inspection.
34-29A-27 Inspection of new boilers during construction--Construction outside state for use within state.
34-29A-28 Persons authorized to make inspections.
34-29A-29 State inspectors' access to premises for inspection during construction.
34-29A-30 34-29A-30, 34-29A-31. Repealed by SL 1982, ch 18, §§ 55, 56.
34-29A-32 Variations in inspection requirements for operating equipment.
34-29A-33 Hydrostatic tests of operating equipment.
34-29A-34 Secretary or designee to issue, suspend or revoke certificates.
34-29A-35 34-29A-35. Repealed by SL 1978, ch 257, § 2.
34-29A-35.1 Inspection fees.
34-29A-36 Additional fee for reinspection trip.
34-29A-37 Daily rates charged for other inspections.
34-29A-38 Inspection reports by special inspectors.
34-29A-39 Certificate issued on special inspector's report.
34-29A-40 Posting of certificates.
34-29A-41 Certificate issued on special inspector's report invalid after termination of insurance.
34-29A-42 Duration of certificates issued on special inspector's reports.
34-29A-43 Suspension of certificate for unsafe or noncomplying boiler--Duration of suspension.
34-29A-44 34-29A-44, 34-29A-45. Repealed by SL 1982, ch 18, §§ 66, 67.
34-29A-46 Record of boilers and inspections.
34-29A-46.1 Operating boilers--Notification requirements.
34-29A-47 Enforcement actions.
34-29A-48 Appeals from inspectors--Order approving or disapproving inspector's act.
34-29A-49 Judicial review of order--Summary hearing.
34-29A-50 Prosecution of violators.
34-29A-51 Deposit of fees in boiler inspection fund.
34-29A-52 Expenditure of funds--Expenses included.
34-29A-53 Municipal ordinances not to be less restrictive--Conflicting ordinances void.
34-29A-54 34-29A-54, 34-29A-55. Repealed by SL 1982, ch 18, §§ 74, 75.
34-29B-1
Definition of terms.
34-29B-2
Program for prevention, investigation, training, and education--Promulgation of
rules.
34-29B-3
State fire marshal--Appointment and approval--Deputies.
34-29B-4
Inspection--Permission or warrant required--Credentials.
34-29B-5
Powers of fire official at the scene of a fire.
34-29B-6
Interference with, or disobedience of, fire official as misdemeanor.
34-29B-7
Impersonating official as misdemeanor.
34-29B-8
Fire marshal to investigate circumstances of fire or explosion.
34-29B-9
Written report to fire marshal.
34-29B-10
Periodic inspection of premises--Orders to enforce laws and regulations--Penalties.
34-29B-11
Fire marshal empowered to abate immediate fire hazards.
34-29B-11.1
Fire marshal may prohibit or restrict open burning.
34-29B-12
Review of fire marshal's actions--Appeal.
34-29B-13
Injunction for violation of chapter.
34-29B-14
Violation of fire marshal's order as misdemeanor--Evidence.
34-29B-15
Application for alternative--Documentation--Records--Deadline for denial of
application.
34-29B-16
Notice of violation.
34-29B-17
Service of order or notice.
34-29B-18
Revocation, suspension, or denial of approval.
34-29B-19
Fire Marshal's Advisory Board--Members appointed by governor.
34-29B-20
Board member's term of office--Removal.
34-29B-21
Secretary of public safety as ex-officio chairman of board.
34-29B-22
Board to assist State Fire Marshal.
34-29B-23
Meetings of board--Time and place set by secretary of public safety.
34-29B-24
Effect of adoption of this chapter or repeal of other provisions on time limits imposed
by existing laws.
34-29B-25
Standards of municipal regulations--More stringent requirements not prohibited.
34-29B-26
Effect of chapter on local zoning ordinances--Regulation of flammable or
combustible liquid bulk plants.
34-29B-27
Municipal regulation of tank vehicles--Load and capacity of vehicles.
34-31-1
County agreements with other agencies for fire protection or purchase of equipment.
34-31-2
County agreements with other agencies for training and payment of costs.
34-31-3
County tax levy for fire-fighting purposes--Petition to include municipality--Maximum levy--Accumulation from year to year.
34-31-4
Municipal contracts with other agencies for fire protection.
34-31-5
Validation of prior municipal contracts for fire protection.
34-31-6
Fire equipment shop--Acquisition, renovation, and distribution of equipment and
excess vehicles--Assistance programs.
34-31-7
Fire equipment fund created--Revenue.
34-31-8
Purchase of used motor vehicles and equipment at auctions of surplus property or
from utility companies--Cost assistance programs.
34-31-9
Repealed.
CHAPTER 34-31A
RURAL FIRE PROTECTION DISTRICTS
34-31A-1 34-31A-1. Temporary and executed.
34-31A-2 Electors' petition to establish district--County commissioners' resolution to initiate proceedings.
34-31A-3 Inclusion of municipality in district.
34-31A-4 Contents of petition or resolution--Plat or map.
34-31A-5 Examination of petition by auditor--Time and place of hearing.
34-31A-6 Auditor's action where two or more counties included--Time and place of joint hearing.
34-31A-7 Publication of notice of commissioners' hearing.
34-31A-8 County commissioners' hearing on organization of district--Determination and order as to district and boundaries.
34-31A-9 Time and place of meeting of resident property owners of district.
34-31A-10 34-31A-10 to 34-31A-12. Repealed by SL 1998, ch 36, §§ 34 to 36.
34-31A-13 Election of first board of directors.
34-31A-14 Election of officers.
34-31A-15 Terms of directors and officers--Compensation of rural fire protection district director.
34-31A-15.1 Filling of vacancy on board of directors.
34-31A-16 District as body corporate and politic.
34-31A-17 General powers of directors.
34-31A-18 District contracts with other agencies or nonprofit corporations for fire protection--Validity of contracts.
34-31A-19 State system of rural fire protection routings.
34-31A-20 Preparation of annual budget--Certification of estimated tax levy.
34-31A-21 Certification of budget estimates to county auditor--Tax levy.
34-31A-22 Maximum tax levy.
34-31A-23 Tax levy not to exceed estimates of expenses.
34-31A-24 Collection of taxes.
34-31A-25 Tax proceeds to secretary-treasurer--Surety bond.
34-31A-26 34-31A-26, 34-31A-27. Transferred to §§ 34-31A-32, 34-31A-33.
34-31A-28 Fire protection payments by tax-exempt organizations--Minimum--Assessment.
34-31A-29 Annual statement of payments by tax-exempt organizations.
34-31A-30 Expenditure of payments by tax-exempt organizations.
34-31A-31 Maximum indebtedness of district--Borrowing power.
34-31A-32 Deposit in bank of district receipts--Warrants for disbursement.
34-31A-33 Claim vouchers for district funds.
34-31A-34 Filing of financial report with county auditor--Examination of district records.
34-31A-35 Change of district boundaries--Prior rights unimpaired--Liability for debts.
34-31A-36 Procedure for annexation of territory.
34-31A-37 Annexation resolution or petition filed with county auditor.
34-31A-38 Auditor's examination of annexation petition--Papers forwarded to directors.
34-31A-39 Transmittal of annexation petition or resolution to county board--Approval or disapproval by directors.
34-31A-40 Annexation petition rejected if directors disapprove.
34-31A-41 Notice of commissioners' hearing on annexation petition.
34-31A-42 County commissioners' determination on proposed annexation.
34-31A-43 Annual meeting of registered voters of district--Special meetings--Annual election--Notice of election.
34-31A-44 Secretary-treasurer's report at annual public meeting.
34-31A-45 Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.
34-31A-46 Election by territory residents on annexation of territory.
34-31A-47 General election combined with regular municipal election.
34-32A-1
Definition of terms.
34-32A-2
Notice and information to governmental agency when insurer believes fire loss other
than accidental.
34-32A-3
Information required of insurer by governmental agency investigating fire loss.
34-32A-4
Exchange of information between governmental agencies.
34-32A-5
Insurer obtaining information from governmental agency.
34-32A-6
Notice to policy holder of request for information.
34-32A-7
Immunity from liability of insurer or governmental agency releasing information.
34-32A-8
Information received held in confidence--Requiring testimony when insurer is party
to litigation.
34-32A-9
Arson control laws unimpaired--Concurrent jurisdiction.
34-32A-10
Rights and powers unimpaired.
CHAPTER 34-34A
MANUFACTURED HOME CONSTRUCTION
34-34A-1 Definition of terms.
34-34A-1.1 Manufactured home defined.
34-34A-2 34-34A-2 to 34-34A-8. Repealed by SL 1990, ch 278, §§ 3 to 9.
34-34A-9 34-34A-9 to 34-34A-9.2. Repealed by SL 1982, ch 267, §§ 11 to 13.
34-34A-9.3 Construction and safety standards--Promulgation of rules.
34-34A-9.4 Prohibited acts.
34-34A-9.5 Transactions exempt from application of statutory manufacture or sale provisions.
34-34A-9.6 Violation of prohibitions by persons not licensed under federal act.
34-34A-9.7 Violation of manufacture or sale prohibitions--Misdemeanor.
34-34A-10 34-34A-10. Repealed by SL 1982, ch 267, § 14.
34-34A-10.1 Inspection of manufacturing and sales facilities.
34-34A-10.2 Records and reports required of manufacturers, distributors, and dealers.
34-34A-10.3 Monitoring inspection fee.
34-34A-11 Interference with departmental representative as misdemeanor.
34-34A-12 34-34A-12. Repealed by SL 1982, ch 267, § 15.
34-34A-12.1 Hearings on violations.
34-34A-13 34-34A-13 to 34-34A-15. Repealed by SL 1982, ch 267, §§ 16 to 18.
34-34A-16 Additional construction requirements not applicable--Zoning and tax laws applicable.
34-34A-17 34-34A-17. Repealed by SL 1982, ch 267, § 19.
34-34A-18 34-34A-18. Transferred to § 34-34A-11.
34-34A-19 Standards for installation--Rules.
34-34A-20 Severability of provisions.
34-34A-21 Citation of chapter.
CHAPTER 34-35
RANGE AND FOREST FIRE PREVENTION
34-35-1 Construction of fireguards.
34-35-2 Tax levy to defray expenses of fireguards.
34-35-3 Entry on private land to construct fireguards.
34-35-4 34-35-4, 34-35-5. Repealed by SL 2014, ch 48, §§ 24, 25.
34-35-6 Fireguards not in organized townships.
34-35-7 Expense of fireguard upon township line.
34-35-8 Throwing match or burning object from vehicle as misdemeanor.
34-35-9 Negligently allowing fire to spread as misdemeanor--Failure to extinguish fire--Interference with control efforts.
34-35-10 Burning off land or other flammable material without firebreak or considering weather a misdemeanor.
34-35-11 34-35-11. Repealed by SL 1977, ch 190, § 94.
34-35-12 Civil liability for fire.
34-35-12.1 Liability for suppression and extinguishment costs collectable by secretary of public safety.
34-35-13 Sheriff's investigation of violations--Prosecution by state's attorney.
34-35-14 Possessory claim supporting recovery of fire damages.
34-35-15 Black Hills Forest Fire Protection District--Area included.
34-35-15.1 Sellers of fireworks or pyrotechnics in business before July 1, 2007 not subject to Black Hills district boundary change.
34-35-16 Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages.
34-35-17 Issuance of permit for open fire in Black Hills district--Conditions.
34-35-18 Setting fires for forest and range management.
34-35-19 Promulgation of rules by secretary.
34-35-20 Interstate compact for the prevention and control of forest fires.
34-35-21 Explosive firearm targets prohibited in Black Hills Forest Fire Protection District--Violation as misdemeanor--Liability for damages.
34-35A-1
Repealed.
34-35A-2
Transferred.
34-35A-3
Interference with alarm system as felony.
34-35A-4
Tampering with alarm system as misdemeanor--Repeat offenses.
34-36-1
Repealed.
34-36-2
Registration of explosive sales required--Contents of entry--Noncompliance as
misdemeanor.
34-36-3
Inspections by State Fire Marshal.
34-36-4
Promulgation of rules.
34-36-5
Orders requiring compliance with statutes and rules.
34-36-6
Violation or interference with enforcement as misdemeanor.
34-36-7, 34-36-8.
Repealed
.
34-36-9
Demand for hearing on order--Hearing date--Appeal.
34-37-1
Definition of terms.
34-37-2
Licenses required for sale of fireworks--Application--Duration--Display--Violation
as misdemeanor.
34-37-2.1
Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.
34-37-2.2
Sales to out-of-state residents--Early and late season licenses--Copy of law and map
provided with sale--Violation as misdemeanor.
34-37-3
Prohibited fireworks--Manufacture or use as misdemeanor.
34-37-4
Possession, sale, or use of unauthorized fireworks--Misdemeanor.
34-37-5
Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.
34-37-6
Submission of fireworks for examination by department--Violation as misdemeanor.
34-37-7
Exemptions from chapter.
34-37-8
Unlicensed transportation of fireworks into state for sale--Misdemeanor.
34-37-9
Records to be kept by licensee--Inspection--Violation as misdemeanor.
34-37-10
Periods and time during which retail sales permitted--Violation as misdemeanor.
34-37-10.1
Sale from motor vehicle--Misdemeanor.
34-37-10.2
Exits from structures where fireworks sold--Violation as misdemeanor.
34-37-10.3
“No smoking” signs where fireworks sold--Smoking within fifty feet of location as
misdemeanor.
34-37-10.4
Signs stating minimum distance for igniting fireworks--Igniting fireworks within
minimum distance as misdemeanor.
34-37-10.5
Open flame on retail premises as misdemeanor--Fire extinguisher required.
34-37-10.6
Repealed.
34-37-11
Sale or use prohibited in forests, parks and other specified areas--Exception--Violation as misdemeanor.
34-37-12
Sales or shipment by wholesaler or manufacturer to persons outside of
state--Violation as misdemeanor.
34-37-12.1
Evidence of delivery outside of state--Violation as misdemeanor.
34-37-13
Permit for use of display fireworks at event--Purchase and use
requirements--Violation as misdemeanor.
34-37-13.1
Permit for use of consumer fireworks at event--Purchase and use
requirements--Violation as misdemeanor.
34-37-14
Repealed.
34-37-15
Revocation, suspension, or nonrenewal of license.
34-37-16
Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.
34-37-16.1
Periods during which use of consumer fireworks permitted--Violation as
misdemeanor.
34-37-16.2
Certain fireworks permitted all year.
34-37-17
Enforcement of chapter.
34-37-18
Record forms prescribed by secretary.
34-37-19
County regulation of fireworks--Use of South Dakota grassland fire danger index.
34-37-20
Repealed.
34-38-1, 34-38-2.
Repealed.
34-38-2.1
Self-service pumps--Latch-open device permitted.
34-38-3, 34-38-4.
Repealed.
34-38-5
Repealed.
34-38-6 to 34-38-11.
Repealed.
34-38-12
Repealed.
34-38-13 to 34-38-15.
Repealed.
34-38-16
Repealed.
34-38-17 to 34-38-21.
Repealed.
34-38-22
Repealed.
34-38-23
Definition of terms.
34-38-24
Installation of aboveground storage tanks--Approval.
34-38-25
Letter of approval required before proposed construction begins--Letter and
plans to be submitted to division.
34-38-26
Compliance with International Fire Code.
34-38-27
Aboveground storage tank to be listed for such use--Underground tanks not
to be installed aboveground--Failure to comply as misdemeanor.
34-38-28
Location requirements for aboveground tanks.
34-38-29
Spill control to be in accordance with International Fire Code.
34-38-30
Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.
34-38-31
Protection against vehicular collision.
34-38-32
Maintenance of area within any dike.
34-38-33
Tank piping system in contact with soil--Protection from corrosion.
34-38-34
Delivery and dispensing operations to comply with International Fire Code--Determining liquid level--Equipment requirements.
34-38-35
Promulgation of rules.
34-38-36
Power of local governments as to zoning unaffected.
34-38-37
Review of actions by director--Director's decision appealable.
34-38-38
Application to facilities constructed after July 1, 2016.
34-38-39
Limitations as to tank capacity.
34-39-1
Definitions.
34-39-1.1
Liquefied petroleum gas defined.
34-39-2
Sale of gas by approved weights and measures required--Violation as
misdemeanor.
34-39-3
Testing of weighing and measuring devices--Condemnation of devices or
rejection for repair--Fee--Safety examination of gas plant.
34-39-3.1
Department to administer chapter.
34-39-4
Marking of devices condemned or rejected for repair--Removal or
defacement as misdemeanor.
34-39-5
Use of condemned weighing or measuring device as misdemeanor.
34-39-6
Specifications for liquid gas meters--Correction for temperature--Delivery
from vehicle prohibited unless equipped with meter--Violation as
misdemeanor.
34-39-7
Promulgation of rules.
34-39-8
Repealed.
34-39-9
Use of containers for other purposes as misdemeanor.
34-39-10 to 34-39-14. Repealed.
34-39-15
Repealed.
34-39-16
Liquefied petroleum gas equipment and appliances--Product for purpose of
certain liability provision.
34-40-1
Manufacturer's identification number required for purchase, sale, or lease of device.
34-40-2
Registration of devices with sheriff required--Notice to criminal investigation
division.
34-40-3
Information included in registration.
34-40-4
Notice to sheriff of sale, loss, or theft of device.
34-40-5
Violation of chapter as misdemeanor.
34-42-1
Definitions.
34-42-2
Approval required for sale--Use prohibited in certain structures.
34-42-3
Requirements for approval--Labeling.
34-42-4
Jurisdiction of Department of Public Safety--Chapter exclusive.
34-42-5
Violations as misdemeanor.
34-43-1
Definition of inspection warrant.
34-43-2
Affidavit in support of warrant--Contents--Notice where prior consent refused.
34-43-3
Cause to issue warrant--Legislative or administrative standards satisfied or condition
of nonconformity.
34-43-4
Examination of applicant and other witnesses by magistrate or judge.
34-43-5
Issuance of warrant by magistrate or judge--Description of premises, purpose, and
limitations of inspection.
34-43-6
Duration of effectiveness of warrant--Extension or renewal--Return to magistrate or
judge--Void after expiration.
34-43-7
Prohibited inspections--Exceptions.
34-43-8
Refusal to permit inspection by warrant as misdemeanor.
CHAPTER 34-44
ASBESTOS ABATEMENT TRAINING PROJECT
34-44-1 Definitions.
34-44-2 School building defined.
34-44-3 Promulgation of rules to establish asbestos abatement training program.
34-44-4 Training requirements--Sublevels of contractors and workers.
34-44-5 Certificate required of asbestos contractor--Violation as misdemeanor--Civil penalty.
34-44-6 Responsibility of asbestos contractor for handling and delivery of friable asbestos material--Penalty for violation.
34-44-7 Duty of owner or operator to employ only certified asbestos contractors.
34-44-8 Duty of owner, operator, etc., to specify in bid document whether project involved asbestos-containing materials--Violation as misdemeanor.
34-44-9 Duty of owner or operator to ensure that employees work under certified asbestos contractors and meet worker requirements--Violation as misdemeanor--Civil penalty.
34-44-9.1 No claim against certified contractor--Insurance.
34-44-10 Asbestos abatement certificate--Requirements for issuance to contractor.
34-44-11 Application for contractor's certification or renewal--Failure to obtain as misdemeanor.
34-44-12 Suspension or revocation of contractor's certificate--Grounds.
34-44-13 Worker to hold certificate--Violation as misdemeanor--Civil penalty.
34-44-14 Issuance of worker certificate--Training course.
34-44-15 Worker review course as condition of certificate renewal--When required.
34-44-16 Procedure for submitting certificate and renewal application.
34-44-17 Suspension or revocation of contractor's or worker's certificate.
34-44-18 Approval of alternative procedure on case-by-case basis.
34-44-19 Rules for approval of training courses--Approval required to offer training.
34-44-20 Training approval requirements.
34-44-21 Contents of training course.
34-44-22 Ability and proficiency of person providing training course to be demonstrated.
34-44-23 Training course materials and records to be made available--Access to training sessions.
34-44-24 Procedure for submitting approval and renewal applications.
34-44-25 Suspension or revocation of training course approval.
34-44-26 Rules for training reciprocity.
34-44-27 Rules adopting fee schedule--Amount of fees--Payment and deposit--Nonrefundability.
34-44-28 34-44-28. Repealed by SL 1990, ch 280, § 5.
34-44-29 Certification as bid requirement.
34-44-30 Responsibility of Department of Agriculture and Natural Resources.
34-44-31 Inspection of asbestos abatement project--Entry without notice or warrant--Waiver requirement as condition of certification or approval.
34-44-32 Responsibility of counties for providing disposal sites.
34-44-33 Certain persons not required to be certified.
34-44-34 Asbestos projects in progress--Temporary exemptions--Notice and application required--Denial of approval of project for noncompliance, etc.--Compliance with existing state and federal requirements.
CHAPTER 34-45
EMERGENCY REPORTING SYSTEM
34-45-1 Definitions.
34-45-2 Ordinances in effect on January 1, 2012 authorizing 911 emergency reporting system--Surcharge.
34-45-3 Costs for installation, maintenance, or operation--Joint agreements among governing bodies.
34-45-4 Monthly uniform 911 emergency surcharge.
34-45-4.1 34-45-4.1. Repealed by SL 1993, ch 255, § 4.
34-45-4.2 Prepaid wireless 911 emergency surcharge.
34-45-4.3 Registration of entity required to collect and remit surcharge.
34-45-4.4 Public safety answering point--Annual report to board--Promulgation of rules.
34-45-5 Billing and collection of surcharge.
34-45-6 Surcharge--Liability.
34-45-6.1 Repealed by SL 2012, ch 188, § 6.
34-45-7 Liability for collection and payment of service user line surcharges.
34-45-8 Repealed by SL 2012, ch 188, § 8.
34-45-8.1 34-45-8.1. Repealed by SL 2008, ch 176, § 9.
34-45-8.2 Returns and reports filed electronically--Surcharges remitted by electronic transfer--Release of certain information to public safety answering points.
34-45-8.3 Time for filing monthly return, report, and remittance--Penalty or interest.
34-45-8.4 34-45-8.4, 34-45-8.5. Repealed by SL 2012, ch 188, § 29, eff. July 1, 2018.
34-45-8.6 Distribution of revenue to compliant public agencies and to public safety 911 emergency fund and 911 coordination fund.
34-45-8.7 Public safety 911 emergency fund--Distributions to compliant public safety answering points and 911 coordination fund.
34-45-9 Administration costs.
34-45-9.1 Retention of surcharges by prepaid wireless service seller during first three months.
34-45-10 Repealed by SL 2012, ch 188, § 15.
34-45-11 Contracts for administration of 911 service.
34-45-12 911 coordination fund--Distributions to public safety answering points.
34-45-13 Pay telephone--No coins required to dial 911.
34-45-14 Private listings furnished to 911 system.
34-45-15 34-45-15, 34-45-16. Repealed by SL 1992, ch 252, § 4.
34-45-17 Immunity from liability.
34-45-18 911 Coordination Board established.
34-45-18.1 Board representatives.
34-45-18.2 Promulgation of rules regarding operational standards, coordination of service, and expenditures.
34-45-18.3 34-45-18.3. Repealed by SL 2008, ch 176, § 17.
34-45-18.4 Future public safety points to consist of two or more local government entities.
34-45-18.5 State may contract with public safety answering point for emergency services.
34-45-18.6 Record keeping by service providers and prepaid wireless service sellers.
34-45-18.7 Promulgation of rules regarding returns, records, and audits.
34-45-18.8 Prohibited conduct--Misdemeanor.
34-45-19 Board attached to Department of Public Safety--Coordinator.
34-45-20 Board duties.
34-45-21 911 financial information.
34-45-22 "911 Telecommunicator" defined.
34-45-23 "Commission" defined.
34-45-24 Training required for employment.
34-45-25 Effective date.
34-45-26 Qualifications for employment and training.
34-45-27 Commission reserves right to refuse application.
34-45-28 Prior requirements sufficient for continued employment.
34-45-29 Promulgation of rules regarding training and certification--Establishment of criteria for revocation or suspension of certification.
34-45-30 Responsibilities of the commission.
34-45-31 Creation of a 911 telecommunicator training fund.
34-45-32 Training programs established.
34-45-33 34-45-33. Repealed by SL 2005, ch 194, § 1.
34-45-34 Enhanced 911 service.
34-45-35 Call location information--Provision to law enforcement--Emergency.
CHAPTER 34-46
REGULATION OF SALES AND DISTRIBUTION OF TOBACCO PRODUCTS
34-46-1 Definition of terms.
34-46-2 Unlawful actions.
34-46-2.1 Repealed.
34-46-2.2 Merchants--Notice requirement--Contents.
34-46-3 Unannounced, random inspections--Persons enlisted--Requirements.
34-46-4 Annual reports to federal government.
34-46-5 Violation as misdemeanor--Complete defense.
34-46-5.1 Limit on violations during unannounced random inspections.
34-46-6 Uniform regulation and implementation.
34-46-7 Creation of tobacco prevention and reduction program.
34-46-8 34-46-8. Repealed by SL 2001, ch 189, § 4.
34-46-9 Department to develop tobacco prevention and reduction plan--Responsibilities of department.
34-46-10 Tobacco prevention and reduction plan--Programs or grants.
34-46-11 34-46-11. Repealed by SL 2013, ch 154, § 46.
34-46-12 Tobacco prevention and reduction trust fund.
34-46-13 Definition of terms used in §§ 34-46-13 to 34-46-19.
34-46-14 Smoking in public or place of employment prohibited--Petty offense.
34-46-15 Person controlling public place or place of employment to inform violators--Petty offense.
34-46-16 Inapplicability to private residences unless used for day care.
34-46-17 Posted smoking rooms permitted in hotels and lodging establishments.
34-46-18 Smoking permitted in certain licensed establishments where alcohol sold.
34-46-19 Smoking permitted in certain retail tobacco stores.
34-46-20 Tobacco product includes vapor product.
34-46-21 Sale of vapor product outside package or through self-service display prohibited--Exception--Violation as misdemeanor.
34-47-1
Consolidation of rural fire protection district and ambulance district--Vote on
consolidation.
34-47-2
Effective date of new emergency services district--Election of board--Terms--Election of officers.
34-47-3
Rights and responsibilities of emergency services district--Levying taxes.
34-47-4
Liability of consolidated fire protection district and ambulance district.
34-48-1
Definition of terms.
34-48-2
Requests for assistance by public agencies and covered entities--Use of Incident
Command System.
34-48-3
Oral or written requests to representative.
34-48-4
Provision of assistance.
34-48-5
Withdrawal of assistance.
34-48-6
Authority of personnel.
34-48-7
Reimbursement of expenses.
34-48-8
Ownership of and liability for assistance provided.
34-48-9
Civil liability for assistance--Immunity.
34-48-10
Coordination with chapters 1-24 and 34-48A.
34-48-11
Liability coverage for law enforcement officers responding to requests for assistance.
34-48-12
Wages, pension, worker's compensation, and other service rights and benefits for law
enforcement officers responding to requests for assistance.
CHAPTER 34-48A
EMERGENCY MANAGEMENT
34-48A-1 Definitions.
34-48A-2 Policy and purpose.
34-48A-3 Coordination with federal government--Cooperation with other agencies.
34-48A-4 Employment of personnel--Expenditures.
34-48A-5 Authority of Governor in time of disaster, terrorist attack, or emergency.
34-48A-5.1 Repealed.
34-48A-5.2 Governmental authority--Emergencies--Limitations related to firearms and weapons.
34-48A-6 Emergency coordination of resources by Governor.
34-48A-7 Powers and duties of workers from sending political subdivision.
34-48A-8 Reimbursement between political subdivisions co-operating.
34-48A-9 Power to make orders.
34-48A-10 Special permits for emergency movement of persons and property in lieu of other permits.
34-48A-11 Preparation of comprehensive plan--Coordination with federal plan.
34-48A-12 Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs.
34-48A-13 Municipalities to provide contact list of public officials to Division of Emergency Management--Contents.
34-48A-14 Municipalities to provide contact list of certain public employees to Division of Emergency Management.
34-48A-15 County commission to provide contact list of public officers and employees to Division of Emergency Management--Contents.
34-48A-16 Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents.
34-48A-17 Department of Public Safety to promulgate rules for emergency reporting procedures.
34-48A-18 Confidentiality of information.
34-48A-19 Mutual aid arrangements with other states and between political subdivisions.
34-48A-20 Cooperation with federal agencies--Mobilization of forces--Warning signals--Utility systems--Public meetings--Evacuation.
34-48A-21 Assignment of workers to reinforce local organization--Call to duty--Place of duty.
34-48A-22 Emergency management workers--Rights, duties, and compensation.
34-48A-23 Civil immunity of persons requested to assist with hazardous material incidents--Exceptions.
34-48A-24 Scope of immunity extends to employers and other responsible parties.
34-48A-25 Reimbursement of local governments for employees' expenses and damages.
34-48A-26 Duty to utilize already existing facilities.
34-48A-27 Secretary of public safety responsible for carrying out emergency management program.
34-48A-28 Special emergency and disaster special revenue fund.
34-48A-29 Credits to fund--Expenditures from fund.
34-48A-30 Minimum local effort required for state aid.
34-48A-31 County duty to assist local government subdivisions to meet local effort eligibility requirement.
34-48A-32 Amount of state financial assistance--Additional assistance authorized.
34-48A-33 State financial assistance paid from special emergency and disaster special revenue fund--Vouchers.
34-48A-34 Estimates of costs and certification of county needs--Excess assistance payments revert to fund.
34-48A-35 Scope of rules.
34-48A-36 Authority to accept federal moneys, services, or equipment--Conditions.
34-48A-37 Cooperation in implementation of federal Disaster Relief Act.
34-48A-38 Audit of project applications.
34-48A-39 County emergency management organizations.
34-48A-40 Director of local organization--Duties and powers.
34-48A-41 Contracting power of local subdivision--Obedience to mandatory constitutional requirements.
34-48A-42 County emergency management revenue fund.
34-48A-43 Matching federal moneys--Deferring local obligation.
34-48A-44 Local emergency management districts--Appropriations.
34-48A-45 Mutual aid arrangements of local organizations.
34-48A-46 Interstate mutual aid arrangements.
34-48A-47 Powers of emergency management workers outside local jurisdiction.
34-48A-48 District special emergency and disaster fund--Sources--Withdrawals.
34-48A-49 Emergency management as governmental function--Exceptions--Worker's compensation.
34-48A-50 Exemption from licensing requirements during emergency.
34-48A-51 Civil defense shelters on private property--Immunity from liability.
34-48A-52 Political activity by emergency management organization prohibited.
34-48A-53 Uniform Emergency Management Assistance Compact.
34-48A-54 State and Province Emergency Management Assistance Memorandum of Understanding.
34-48A-55 Search and rescue services--Costs--Limitation.
CHAPTER 34-49
CIGARETTE FIRE SAFETY STANDARDS
34-49-1 Definition of terms.
34-49-2 Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.
34-49-3 Use of lowered permeability bands to meet performance standard--Requirements.
34-49-4 Alternative test method and performance standard.
34-49-5 Retention of test reports--Copies to be made available--Civil penalty for violation.
34-49-6 Subsequent ASTM Standard Test Method.
34-49-7 Sale of cigarettes for purpose of consumer testing not prohibited.
34-49-8 Certification of testing and compliance with performance standard--Contents.
34-49-9 Cigarette package marking requirements.
34-49-10 Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.
34-49-11 Civil penalties for sales or offers for sale of cigarettes by retailers in violation of requirements.
34-49-12 Civil penalties for false certification by manufacturer.
34-49-13 Other civil penalties.
34-49-14 Seizure of cigarettes lacking certification or marking--Notice prior to destruction.
34-49-15 Injunctive relief, costs and damages--Separate civil violations.
34-49-16 Disclosure of information among secretary, attorney general, and state fire marshal.
34-49-17 Examination of books and records.
34-49-18 Cigarette fire safety standard act fund created.
34-49-19 Out-of-state sales permitted.
34-49-20 Certain sales of existing inventory on or after January 1, 2011 permitted.
34-49-21 Preemption of local laws, ordinances, and regulations.
34-49-22 Repeal upon express federal preemption.
34-49-23 Construction of chapter with law of other states.
CHAPTER 34-50
STRESS MANAGEMENT SERVICES FOR EMERGENCY SERVICE PROVIDERS
34-50-1 Definitions.
34-50-2 Confidentiality of interview, meeting, conference, or on-site intervention.
34-50-3 Exceptions to confidentiality of interview, meeting, conference, or on-site intervention.
34-50-4 Confidentiality of communication to or record of critical incident stress management team or peer support team.
34-50-5 Exceptions to confidentiality of communication to or record of critical incident stress management team or peer support team.
34-50-6 Immunity from liability.
34-51-1
Definitions.
34-51-2
Eligible patient defined.
34-51-3
Written, informed consent.
34-51-4
Treatment with investigational drug, biological product, or device.
34-51-5
Treatment without compensation permitted.
34-51-6
Reimbursement of manufacturer from decedent's estate prohibited.
34-51-7
Health care provider not liable for recommendation.
34-51-8
Treating physician immune.
34-51-9
State employees prohibited from blocking eligible patient's access to investigational
drug, biological product, or device.
34-51-10
Private cause of action not authorized.
CHAPTER 34-52
TELEHEALTH UTILIZATION BY HEALTH CARE PROFESSIONALS
34-52-1 Definitions.
34-52-2 Treatment of patients through telehealth--Requirements.
34-52-3 Provider-patient relationship required--Exceptions.
34-52-4 Treatment and consultation recommendations.
34-52-5 Face-to-face examination using real-time audio and visual technology.
34-52-6 Prescribing drugs.
34-52-7 Informed consent.
34-52-8 Medical records.
34-53-1
Definitions.
34-53-2
PEACE fund established.
34-53-3
Claim for extraordinary expense--Records.
34-53-4
Request for pre-approval of anticipated claim for extraordinary expense.
34-53-5
Approval or denial of claim or request for pre-approval.
34-53-6
Time for submission and approval of claim or request for pre-approval.
34-53-7
Department and pipeline company coordination of claims and requests for
pre-approval.
34-53-8
Reimbursements to be deposited in PEACE fund.
34-53-9
Pipeline company objection to approval or denial of claim--Review--Appeal.
34-53-10
Pipeline company initial deposit into PEACE fund--Return of balance after project
completion.
34-53-11
Calculation and billing of special fees.
34-53-12
Special fee as continuing lien on pipeline company property.
34-53-13
Pipeline company to furnish surety bond.
34-53-14
Cease and desist order for noncompliance.
34-53-15
Title to surety bond vested in the state.
34-53-16
Discretion of secretary.
34-53-17
Contract between state and pipeline company.
34-53-18
Promulgation of rules.
CHAPTER 34-54
PRIMARY CARE AGREEMENTS
34-54-1 Definitions.
34-54-2 Provisions not applicable--Direct primary care agreement.
34-54-3 Requirements.
34-54-4 Accepting patients--Discontinuing care.
