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 Repealed by SL 2013, ch 154, §§ 37, 38.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 Repealed by SL 1978, ch 253, § 3.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 Repealed by SL 2013, ch 154, §§ 39 to 42.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 Repealed by SL 1978, ch 253, § 2.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 Repealed by SL 2013, ch 154, §§ 43 to 45.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 Repealed by SL 2016, ch 169, § 33.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.
34-24-16. Educational program on metabolic diseases.
The State Department of Health shall provide for the development and carrying out of an educational program among physicians, staffs of hospitals, public health nurses, and the citizens of this state concerning the disease phenylketonuria, hypothyroidism, and other metabolic diseases which may cause intellectual disabilities for which appropriate methods of detection, prevention, or treatment are available. This educational program shall include information about the nature of the diseases and examinations for the early detection of such diseases in order that proper measures may be taken to prevent intellectual disabilities.
Source: SL 1973, ch 233, § 1; SL 1982, ch 264, § 1; SL 2013, ch 125, § 17.
34-24-17. Screening of newborn infants for metabolic, inherited, and genetic disorders.
Each infant born in South Dakota shall be screened for metabolic, inherited, and genetic disorders. This screening shall be as prescribed by the Department of Health.
Source: SL 1973, ch 233, § 2; SL 1990, ch 170, § 8; SL 2015, ch 185, § 1.
34-24-18. Phenylketonuria, hypothyroidism, and galactosemia testing in newborn.
The tests for detecting a metabolic, inherited, or genetic disorder of the newborn infant, as prescribed by the Department of Health, shall include the testing for excessive phenylalanine in the serum of the newborn, for hypothyroidism, and for elevated blood galactose in the newborn.
Source: SL 1973, ch 233, § 8; SL 1982, ch 264, § 2; SL 1991, ch 277, § 1; SL 2015, ch 185, § 2.
34-24-19. Phenylketonuria, hypothyroidism, or galactosemia tests when facilities not available.
If facilities are not available for the screening of newborn infants for the phenylketonuria syndrome, for hypothyroidism or for galactosemia, the Department of Health shall arrange for testing through the director of laboratories.
Source: SL 1973, ch 233, § 7; SL 1982, ch 264, § 3; SL 1985, ch 283, § 23; SL 1991, ch 277, § 2.
34-24-20. Phenylketonuria, hypothyroidism and galactosemia tests provided by department for newborn not tested.
If the required report to the Department of Health shows that the newborn infant was not tested for phenylketonuria, for hypothyroidism or for galactosemia, the department may arrange for the infant to be tested.
Source: SL 1973, ch 233, § 6; SL 1982, ch 264, § 4; SL 1991, ch 277, § 3.
34-24-21. Procedures prescribed after positive phenylketonuria, hypothyroidism, or galactosemia tests.
If a screening test indicates a newborn infant may be afflicted with the phenylketonuria syndrome, hypothyroidism, or galactosemia, the Department of Health shall prescribe the procedures to be followed in order to determine if the syndrome is actually present.
Source: SL 1973, ch 233, § 3; SL 1982, ch 264, § 5; SL 1991, ch 277, § 4.
34-24-22. Testing for other metabolic, inherited, or genetic disorders.
If tests for detecting a metabolic, inherited, or genetic disorder other than phenylketonuria, hypothyroidism, and galactosemia are perfected, the Department of Health may require that tests for the syndrome or syndromes be made and reported to the department.
Source: SL 1973, ch 233, § 5; SL 1982, ch 264, § 6; SL 1991, ch 277, § 5; SL 2015, ch 185, § 3.
34-24-23. Results of tests for metabolic, inherited, or genetic disorders reported to department.
Results of the tests for a metabolic, inherited, and genetic disorder in infants, as prescribed by the Department of Health, shall be sent to the department on forms to be prescribed and furnished by the department to all physicians and hospitals.
Source: SL 1973, ch 233, § 9; SL 2015, ch 185, § 4.
34-24-24. Information to be provided to parents or guardians.
The Department of Health shall provide to the parents or guardians responsible for the care of an affected child, information about accepted medical procedures for treating any identified metabolic, inherited, or genetic disorder. A parent or guardian may decline such information.
Source: SL 1973, ch 233, § 4; SL 2015, ch 185, § 5.
34-24-25. Rules and regulations.
The Department of Health is authorized to promulgate and enforce rules and regulations to aid in implementing the provisions of §§ 34-24-16 to 34-24-24, inclusive.
Source: SL 1973, ch 233, § 2.
34-24-27. Reports of fetal alcohol syndrome.
The Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of fetal alcohol syndrome from all physicians, hospitals, and institutions. To implement this section, the department may adopt rules, pursuant to chapter 1-26, specifying the definitions, methods by which reports shall be made, and the content and timeliness of such reports.
Source: SL 2001, ch 185, § 1.
34-24-28. Confidentiality of reports.
Any report required to be submitted pursuant to § 34-24-27 is strictly confidential. The reports may not be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings or otherwise and are not admissible as evidence in any action of any kind in a court or before any tribunal, board, agency or person. However, release of medical or epidemiological information may be authorized by the Department of Health under any of the following circumstances:
(1) For statistical purposes in such a manner that no person can be identified;
(2) With the written consent of the person identified in the information released;
(3) To the extent necessary to enforce the provisions of §§ 34-24-28 to 34-24-31, inclusive, and rules promulgated thereunder concerning the prevention and treatment of fetal alcohol syndrome; or
(4) To the extent necessary to protect the health or life of a named person.
Source: SL 2001, ch 185, § 2.
34-24-29. Disclosure of confidential reports as misdemeanor.
Except as provided in § 34-24-28, any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to § 34-24-27, who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under § 34-24-28, or who compels another person to disclose such medical reports, is guilty of a Class 1 misdemeanor.
Source: SL 2001, ch 185, § 3.
34-24-30. Good faith reporting not a libel or slander.
Good faith reporting or disclosure pursuant to § 34-24-27 does not constitute a libel or slander or a violation of the right to privacy of privileged communication.
Source: SL 2001, ch 185, § 4.
34-24-31. Civil and criminal immunity.
Any person who in good faith complies with the reporting requirements of § 34-24-27 is immune from civil and criminal liability for such action taken in compliance with the provisions of § 34-24-27. Compliance by a person or facility with the reporting requirements of § 34-24-27 fulfills any duty of the person or facility to protect the public health.
Source: SL 2001, ch 185, § 5.
34-24-32. Pulse oximetry test required for newborns.
All hospitals which routinely provide obstetrical services and birth centers shall provide screening of newborns for congenital heart defects through the use of a pulse oximetry test.
Source: SL 2013, ch 158, § 1.
34-24-33. Prohibited medical interventions--Definitions.
Terms used in §§ 34-24-34 to 34-24-38, inclusive, mean:
(1) "Minor," any person under the age of eighteen; and
(2) "Sex,” the biological indication of male and female, as evidenced by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth.
Source: SL 2023, ch 127, § 1.
34-24-34. Prohibited medical interventions--Intent--Actions.
Except as provided in § 34-24-35, a healthcare professional may not, for the purpose of attempting to alter the appearance of, or to validate a minor's perception of, the minor’s sex, if that appearance or perception is inconsistent with the minor's sex, knowingly:
(1) Prescribe or administer any drug to delay or stop normal puberty;
(2) Prescribe or administer testosterone, estrogen, or progesterone, in amounts greater than would normally be produced endogenously in a healthy individual of the same age and sex;
(3) Perform any sterilizing surgery, including castration, hysterectomy, oophorectomy, orchiectomy, penectomy, and vasectomy;
(4) Perform any surgery that artificially constructs tissue having the appearance of genitalia differing from the minor's sex, including metoidioplasty, phalloplasty, and vaginoplasty; or
(5) Remove any healthy or non-diseased body part or tissue.
Source: SL 2023, ch 127, § 2.
34-24-35. Prohibited medical interventions--Exceptions.
The prohibitions of § 34-24-34 do not limit or restrict the provision of services to:
(1) A minor born with a medically verifiable disorder of sex development, including external biological sex characteristics that are irresolvably ambiguous;
(2) A minor diagnosed with a disorder of sexual development, if a healthcare provider has determined, through genetic or biochemical testing, that the minor does not have a sex chromosome structure, sex steroid hormone production, or sex steroid hormone action, that is normal for a biological male or biological female; or
(3) A minor needing treatment for an infection, injury, disease, or disorder that has been caused or exacerbated by any action or procedure prohibited by § 34-24-34.
Source: SL 2023, ch 127, § 3.
34-24-36. Prohibited medical interventions--License or certification revocation.
If a professional or occupational licensing board finds, by a preponderance of the evidence and in compliance with chapter 1-26, that a healthcare professional licensed or certified by the board has violated § 34-24-34, the board must revoke any professional or occupational license or certificate held by the healthcare professional.
Source: SL 2023, ch 127, § 4.
34-24-37. Prohibited medical interventions--Civil action--Time of commencement.
Any civil action to recover damages for injury suffered as a result of a violation of § 34-24-34 must be commenced before the later of:
(1) The date on which the person reaches age twenty-five; or
(2) Within three years from the time the person discovered or reasonably should have discovered that the injury or damages were caused by the violation.
Source: SL 2023, ch 127, § 5.
34-24-38. Prohibited medical interventions--Certain use of drugs or hormones temporarily permitted.
If, prior to July 1, 2023, a healthcare professional has initiated a course of treatment, for a minor, which includes the prescription or administration of any drug or hormone prohibited by § 34-24-34, and if the healthcare professional determines and documents in the minor's medical record that immediately terminating the minor's use of the drug or hormone would cause harm to the minor, the healthcare professional may institute a period during which the minor's use of the drug or hormone is systematically reduced. That period may not extend beyond December 31, 2023.
Source: SL 2023, ch 127, § 6.
