44:65:02:02.  Reporting by hospitals and institutions. The director, principal manager, or chief executive officer of a hospital or institution who has knowledge that a person attended or served by the hospital or institution is suspected of having FAS shall report to the department the information required by § 44:65:02:04. Reporting as required by SDCL 34-24-27 to 34-24-29, inclusive, does not relieve a hospital or institution of the obligation to report FAS as child abuse pursuant to SDCL subdivision 26-8A-2(9). The director, principal manager, or chief executive officer of a hospital or institution may authorize a designee to submit reports of suspected FAS, but the director, principal manager, or chief executive officer is not relieved of the reporting responsibility. Reporting of suspected FAS by a hospital or institution is in addition to, and not a substitute for, the reporting by the diagnosing physician in § 44:65:02:01. For purposes of this section, a hospital and an institution include:

          (1)  Any health care facility defined in SDCL 34-12-1.1; and

          (2)  Any health and correctional institution operated by a municipal, county, or state government.

          Source: 29 SDR 21, effective August 27, 2002.

          General Authority:SDCL 34-24-27.

          Law Implemented:SDCL 34-24-27.