2019 Session Laws

CHAPTER 11

(HB 1012)

State health laboratory services revamped.


        ENTITLED, An Act to revise certain provisions regarding state laboratory services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-49-1 be repealed.

    Section 2. That § 1-49-2 be amended to read:

    1-49-2. The secretary of the Department of Health shall appoint the director of the Office of Laboratory Services. The Office of Laboratory Services State Public Health Laboratory shall be located in the Department of Health and shall meet all applicable state and required federal certification standards certifications and regulations, and provide the following specific laboratory, testing, and analytical functions:

            (1)    The examination of clinical and environmental specimens for the purpose of protecting and promoting the public health;

            (2)    The testing and analysis of various products, foods, drinks, economic poisons, and other materials regulated or controlled by the state;

            (3)    The testing, examination, and analysis of samples relating to environmental control;

            (4)    Laboratory services upon request and in support of law enforcement agencies. The laboratory may provide environmental, medical, and forensic toxicology and drug testing for the purpose of protecting and promoting public health and safety.

    Section 3. That § 1-49-3 be amended to read:

    1-49-3. The director of laboratories State Public Health Laboratory shall:

            (1)    Protect the health or safety of persons using the services of state laboratories and the health or safety of employees of those laboratories;

            (2)    Set appropriate performance standards and qualifications of the State Health Laboratory laboratory employees;

            (3)(2)    Administer state and federal laws which pertain to public laboratory licensure, certification, or both; and

            (4)    Accept grants and enter into contracts and agreements with state, local, and federal agencies or with private industry if in the public interest; and

            (5)(3)    Promulgate rules, pursuant to chapter 1-26, to establish:

            (a)    A list of tests or services to be conducted in the State Health Laboratory; and

            (b)    A the method to determine the fee for each test or service or test based on the actual cost of performing the service or test and the cost of operating the public health laboratory. The fee may not exceed the cost incurred for performing the test or service, including laboratory operation, equipment, and maintenance.

    Section 4. That § 1-49-4 be amended to read:

    1-49-4. Any money that may be received pursuant to this chapter shall be deposited in a special revenue fund in the state treasury which is established and designated as the state laboratory fund. All receipts therein shall be available to the Office of Laboratory Services State Public Health Laboratory and may be expended pursuant to chapters 4-7, 4-8, and 4-8A.

    Section 5. That § 1-49-5 be amended to read:

    1-49-5. All examinations, tests, and analysis requested of the director of laboratories State Public Health Laboratory shall be provided promptly and the results immediately certified to the officer or department requesting the examination submitter.

    Section 6. That § 1-49-6 be amended to read:

    1-49-6. A copy of the results of any examination or analysis of any product or article by the director of laboratories State Public Health Laboratory, duly authenticated by the analyst, is prima facie evidence in all courts of the matters and facts therein contained in the examination or analysis.

     Signed February 13, 2019
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