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34-23-11      Repealed.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.

34-23-1. Syphilis, gonorrhea, and chancroid--Intentional exposure of another as misdemeanor.

Syphilis, gonorrhea, and chancroid are designated to be venereal diseases and are contagious, infectious, communicable, and dangerous to the public health. Any person infected with a venereal disease under this section who intentionally exposes another person to infection of that venereal disease is guilty of a Class 1 misdemeanor.

Source: SL 1919, ch 284, § 1; SDC 1939, § 27.2401; SL 1977, ch 190, § 61; SL 2018, ch 204, § 1.

34-23-2. Reports of cases required of physicians and institutions--Information confidential.

Any physician or other person who makes a diagnosis in or treats a case of venereal disease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is a case of venereal disease shall make a report of such case to the health authorities in such form and manner as the State Department of Health shall direct. The identity of any individual appurtenant to an investigation conducted pursuant to a report of a venereal disease shall be maintained in strictest confidence within the venereal disease control system, and any information obtained from that individual may not be disclosed in any action in any court or before any tribunal, board, or agency.

Source: SL 1919, ch 284, § 2; SDC 1939, § 27.2402; SL 1978, ch 252.

34-23-3. Investigation of sources of infection--Repression of prostitution.

It shall be the duty of all local and state health officers to investigate sources of infection of venereal disease, to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution, and otherwise to use every proper means for the repression of prostitution.

Source: SL 1919, ch 284, § 3; SL 1921, ch 339; SDC 1939, § 27.2403.

34-23-4. Infected persons required to submit to treatment--Isolation or quarantine.

State, county, and municipal health officers or their authorized deputies within their respective jurisdiction are hereby directed and empowered to require persons infected with venereal disease to report for treatment to a reputable physician and continue treatment until cured or to submit to treatment provided at public expense until cured, and also, when in their judgment it is necessary to protect the public health, to isolate or quarantine persons infected with venereal disease.

Source: SL 1919, ch 284, § 3; SL 1921, ch 339; SDC 1939, § 27.2403.

34-23-5. Quarantine or isolation of infected person convicted of moral offense.

Any person convicted of being a prostitute or inmate of a disorderly house who may be found to be infected with venereal disease in a stage which, in the opinion of the health officer, is or is apt to become communicable, shall be quarantined or isolated so long as such person is so infected.

Source: SL 1921, ch 339; SDC 1939, § 27.2403.

34-23-6. Examination and treatment of prisoners.

All persons who shall be imprisoned or confined in any state, county, or city prison in the state shall be examined for and, if infected, treated for venereal diseases by the health authorities or their deputies.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.

34-23-7. Treatment facilities provided by prison officials--Prisoners required to undergo treatment.

The authorities of any state, county, or city prison are directed to make available to the health authorities such portion of any state, county, or city prison as may be necessary for a clinic or hospital wherein all persons who may be confined or imprisoned in any such prison and who are infected with venereal disease, and all such persons who are suffering with venereal disease at the time of the expiration of their term of imprisonment, and in case no other suitable place for isolation or quarantine is available, such other persons as may be isolated or quarantined under the provisions of this chapter shall be isolated and treated at public expense until cured. In lieu of such isolation any of such persons may in the discretion of the Department of Health be required to report for treatment to a licensed physician or submit to treatment provided at public expense.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.

34-23-8. Service of criminal sentence not interfered with.

Nothing contained in § 34-23-6 or 34-23-7 shall be construed to interfere with the service of any sentence imposed by a court as a punishment for the commission of crime.

Source: SL 1919, ch 284, § 4; SDC 1939, § 27.2404.

34-23-9. Attending physician to take blood sample from pregnant woman--Submission to State Public Health Laboratory for testing.

Each physician attending a pregnant woman in this state during gestation shall, in the case of each woman so attended, take or cause to be taken a sample of blood of such woman at the time of the first examination, and submit such sample for standard serological tests for syphilis to the State Public Health Laboratory or such other laboratories cooperating with, and approved by, the Department of Health.

Source: SL 1939, ch 103; SDC Supp 1960, § 27.2406 (1).

34-23-10. Blood sample and testing when pregnant woman not attended by physician.

Every person other than a physician permitted by law to attend upon pregnant women in the state but not permitted by law to take blood tests, shall cause a sample of the blood of such pregnant woman to be taken by a duly licensed physician and submitted for standard serological tests for syphilis to the State Public Health Laboratory or such other laboratories cooperating with, and approved by, the Department of Health.

Source: SL 1939, ch 103; SDC Supp 1960, § 27.2406 (1).