44:20:02:01.  Reporting by physicians. A physician attending a person who has been diagnosed with or is suspected of having a reportable disease or condition listed in § 44:20:01:03 or 44:20:01:04 shall report to the department the information required by § 44:20:02:05. A physician may authorize a designee to submit reports of reportable diseases and conditions on persons attended by the physician, but the physician is not relieved of the reporting responsibility. Category I diseases and conditions are reportable immediately by telephone. Category II diseases and conditions are reportable by telephone, mail, courier, facsimile, or electronically within three days after recognition or strong suspicion of disease.

          Source: 20 SDR 69, effective November 17, 1993; 29 SDR 87, effective December 22, 2002; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-22-12, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-22-12, 34-23-2, 34-23-13.

          44:20:02:02.  Reporting by hospitals, laboratories, and institutions. The director, principal manager, or chief executive officer of a hospital, laboratory, or institution who has knowledge that a person employed, attended, or served by the hospital, laboratory, or institution has been diagnosed with or is suspected of being a carrier of any of the reportable diseases or conditions listed in § 44:20:01:03 or 44:20:01:04 shall report to the department the information required by § 44:20:02:05. The director, principal manager, or chief executive officer of a hospital, laboratory, or institution may authorize a designee to submit reports of reportable diseases and conditions, but the director, principal manager, or chief executive officer is not relieved of the reporting responsibility. Category I diseases and conditions are reportable immediately. Category II diseases and conditions are reportable by telephone, mail, courier, or facsimile within three days after recognition or strong suspicion of disease. Reporting of a reportable disease or condition by a hospital, laboratory, or institution is in addition to, and not a substitute for, the reporting by the attending physician in § 44:20:02:01. For purposes of this section, hospitals, laboratories, and institutions include:

          (1)  Health care facilities defined in SDCL 34-12-1.1;

          (2)  Medical laboratories;

          (3)  Diagnostic laboratories;

          (4)  Blood bank, collection, or storage centers;

          (5)  Public and private elementary and secondary schools;

          (6)  Public and private universities and colleges;

          (7)  Health and correctional institutions operated or regulated by municipal, county, state, or federal governments;

          (8)  Funeral establishments and mortuaries;

          (9)  Child-care facilities defined in SDCL chapter 26-6; and

          (10)  Food service, lodging, and campground establishments defined in SDCL 34-18-1.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 30, 2001; 29 SDR 87, effective December 22, 2002; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-22-12, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-22-12, 34-23-2, 34-23-13.

          Cross-References:

          Employee health and disease control, § 44:02:02:01.

          Employee health program, § 44:04:04:06.

          44:20:02:03.  Persons permitted to report. Any person having knowledge that a person is suspected of having a reportable disease or condition may notify the department and provide all information known concerning the reportable disease or condition of the person.

          Source: 20 SDR 69, effective November 17, 1993; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-22-12, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-22-12, 34-23-13.

          44:20:02:04.  Voluntary reports of nonreportable communicable diseases and conditions. A person may voluntarily provide information to the department concerning nonreportable communicable diseases or conditions.

          Source: 20 SDR 69, effective November 17, 1993; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-22-12, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-22-12, 34-23-13.

          44:20:02:05.  Contents of reports. Reportable disease and condition reports made pursuant to this article must include the following or as much of the following as is known to the person making the report:

          (1)  The disease or condition diagnosed or suspected;

          (2)  The case's or carrier's name, age, date of birth, sex, race, address, and occupation;

          (3)  The date of onset or diagnosis of illness and whether the person is hospitalized and, if so, where;

          (4)  Any pertinent laboratory results;

          (5)  Public health measures given;

          (6)  The name and address of the attending physician; and

          (7)  The name and telephone number of the person making the report.

          If the reportable disease or condition is an epidemic or outbreak, the report must also include the diagnosis or principal symptoms, the approximate number of cases, the place or community within which the cases occurred or are occurring, and the name and telephone number of the reporting physician or person. In addition to the information required by this section, the department may request the attending physician or a designee to complete a surveillance form provided by the department.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 20, 2001; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-22-12, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-22-12, 34-23-13.

          44:20:02:07.  Processing of reports -- Investigation of reports. Upon receipt of a disease or condition report pursuant to this article, the department may investigate the circumstances surrounding the occurrence of the reportable disease or condition to determine the authenticity of the report and to determine what public health measures have been given or should be provided. The department's investigation and actions may include the following:

          (1)  Confer and coordinate with the physician, hospital, laboratory, institution, or person making the report;

          (2)  Inspect premises pursuant to SDCL 34-16-5;

          (3)  Recommend the collection of laboratory specimens that may be necessary to confirm the diagnosis of the disease or to determine the source of the infection or epidemic;

          (4)  Conduct an epidemiological investigation and record the findings on a case, carrier, or epidemic;

          (5)  Ascertain the source of the infectious agent, identify unreported cases, and evaluate contacts;

          (6)  Recommend or implement public health measures;

          (7)  Provide information concerning the reportable disease or condition and its prevention to the case, carrier, contact, or a responsible member of such a person's household or institution to prevent further spread of the disease; and

          (8)  Forward a report regarding a person residing in another state to the respective state public health authority or to the national Centers for Disease Control and Prevention for the purpose of effective interstate communicable disease control.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 30, 2001; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-22-12, 34-23-13.

          Law Implemented: SDCL 34-16-5, 34-22-1, 34-22-9, 34-22-12, 34-22-12.1, 34-23-13.

          44:20:02:08.  Disclosure of reports. The department may disclose or authorize the disclosure of reportable disease and condition information, limited to that necessary to provide medical care to a person or to prevent the further transmission of a reportable disease or condition. The following may receive confidential, pertinent, reportable disease or condition information:

          (1)  Physicians and health care workers for whom the information is necessary to proceed with medical treatment;

          (2)  Institutions whose employees or clients may pose a risk to the public's health;

          (3)  Review panels convened or authorized by the department regarding HIV-infected physicians or health care workers;

          (4)  Agencies of the U.S. Public Health Services, including the Centers for Disease Control and Prevention and Indian Health Services, and other local, state, tribal, and territorial health agencies;

          (5)  Agencies or persons receiving donated blood, organs, tissues, or body fluids;

          (6)  Researchers conducting anonymous epidemiological research;

          (7)  Health care workers, emergency response workers, good samaritans, and funeral directors if there has been a potentially significant exposure to the blood or body fluids of a person;

          (8)  School officials or administrators of child care settings if there is an exposure affecting children;

          (9)  Contacts of infected persons; and

          (10)  Health care workers needing tuberculosis information to comply with tuberculosis screening requirements.

          Source: 20 SDR 69, effective November 17, 1993; 28 SDR 92, effective December 30, 2001; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9, 34-22-12, 34-23-13.

          Law Implemented: SDCL 34-22-9, 34-22-12, 34-22-12.1, 34-23-13.

          44:20:02:09.  Reporting of vaccine adverse events. Any vaccine adverse event shall be reported the same as a Category II reportable disease and condition pursuant to this chapter.

          Source: 30 SDR 89, effective December 7, 2003; 38 SDR 8, effective August 1, 2011.

          General Authority: SDCL 34-1-17, 34-22-9.

          Law Implemented: SDCL 34-1-17, 34-22-9.