South Dakota

34-12-1. 34-12-1. Repealed by SL 1986, ch 278, § 1.

34-12-1.1. Definitions.

34-12-2. License required to operate institution.

34-12-2.1. Unlicensed institutions ineligible for state or federal funds.

34-12-3. Licensed child welfare agencies exempt from chapter.

34-12-4. Lodging establishments exempt from chapter.

34-12-5. Application for license--Contents--Issuance of license--Denial--Contesting the denial.

34-12-6. Amount of license fee--Disposition.

34-12-7. Department of Health authorized to issue licenses--Promulgation of rules.

34-12-8. Provisional licenses--Circumstances under which issued.

34-12-8.1. Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation.

34-12-9. License not transferable.

34-12-10. 34-12-10. Repealed by SL 2009, ch 164, § 3.

34-12-11. 34-12-11. Repealed by SL 1993, ch 271, § 2.

34-12-11.1. Disclosure of public reimbursement rates required of nursing homes and related institutions.

34-12-11.2. Visitation of patients and residents--Required post.

34-12-12. Lodging and food service laws not applicable to licensees.

34-12-13. Rules to protect patients' health and safety.

34-12-14. Application of regulations and standards to Christian Science institution.

34-12-15. Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.1. Handling of residents' funds by nursing homes--Definition of terms.

34-12-15.2. Residents' funds kept separate--Free from facility's liabilities.

34-12-15.3. Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.

34-12-15.4. 34-12-15.4. Repealed by SL 1991, ch 271, § 3.

34-12-15.5. Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.

34-12-15.6. Records required on residents' funds--Form--Receipts kept.

34-12-15.7. Records of residents' funds available for audit.

34-12-15.8. Noncompliance as ground for revocation of administrator's license.

34-12-15.9. Surrender of funds on discharge of resident--Time allowed.

34-12-15.10. Escheat of unclaimed funds of deceased resident--Notice and transfer to state.

34-12-16. Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.

34-12-17. Information received by department confidential--Disclosure.

34-12-18. Unlicensed operation as misdemeanor.

34-12-19. Grounds for suspension or revocation of license.

34-12-20. Procedure for suspension or revocation of license.

34-12-21. New license issued after suspension or revocation.

34-12-22. Appeal from department.

34-12-23. 34-12-23, 34-12-24. Repealed by SL 1988, ch 277, § 8.

34-12-25. 34-12-25. Repealed by SL 1994, ch 274, § 5.

34-12-26. 34-12-26 to 34-12-28. Repealed by SL 2005, ch 181, §§ 1 to 3.

34-12-29. Promulgation of rules regarding nurse aide registration.

34-12-30. Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.

34-12-31. No charge against resident funds for services paid under medical assistance program.

34-12-32. Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor.

34-12-33. Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection.

34-12-34. Failure to register--Notice--Closure.

34-12-35. 34-12-35. Repealed by SL 1991, ch 272, § 10.

34-12-35.1. 34-12-35.1. Repealed by SL 1993, ch 246, § 1.

34-12-35.2. 34-12-35.2. Repealed by SL 1995, ch 193, § 1.

34-12-35.3. 34-12-35.3. Repealed by SL 2000, ch 168, § 3, eff. June 30, 2005.

34-12-35.4. Number of beds in nursing facility.

34-12-35.5. Access critical nursing facilities.

34-12-35.6. Redistribution of existing nursing facility beds.

34-12-35.7. Annual consideration of need for additional nursing facility beds or new nursing facilities.

34-12-35.8. Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules.

34-12-35.9. Authorization to increase number of nursing facility beds.

34-12-35.10. Nursing facility beds at Michael J. Fitzmaurice Veterans Home.

34-12-35.11. Repealed.

34-12-35.12. Regional nursing facility--Designation.

34-12-36. 34-12-36. Repealed by SL 1991, ch 272, § 10.

34-12-36.1. 34-12-36.1. Repealed by SL 1993, ch 246, § 2.

34-12-37. Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities.

34-12-38. Interest of Department of Social Services in funds of deceased resident receiving medical assistance.

34-12-39. 34-12-39. Repealed by SL 1995, ch 193, § 2.

34-12-39.1. 34-12-39.1. Repealed by SL 2000, ch 168, § 3, eff. June 30, 2005.

34-12-39.2. New nursing facilities--Limitations--Requirements.

34-12-39.3. 34-12-39.3. Repealed by SL 2010, ch 170, § 2, eff. June 30, 2013.

34-12-39.4. New nursing facility as part of existing facility.

34-12-39.5. Authorization to construct new nursing facility.

34-12-39.6. Closure of existing nursing facility--Availability of authorized beds.

34-12-39.7. Authorization to construct new nursing facility in Moody County.

34-12-39.8. Authorization to construct new nursing facility in Lyman County.

34-12-40. Continuing care agreement defined.

34-12-41. Entrance fee defined.

34-12-42. Continuing care retirement community defined.

34-12-43. Agreements--Exemptions--Insurance.

34-12-44. Information to be provided.

34-12-45. Escrow of fees.

34-12-46. Construction--Fees.

34-12-47. Notification of escrow accounts.

34-12-48. 34-12-48, 34-12-49. Repealed by SL 2003, ch 180, § 3, effective June 30, 2005.

34-12-49. Repealed by SL 2003, ch 180, § 3, effective June 30, 2005.

34-12-50. Court order for medical treatment of disabled adult under treatment by spiritual means.

34-12-51. Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability.

34-12-52. Definition of terms related to trauma care system.

34-12-53. Trauma care system and statewide trauma registry.

34-12-54. Promulgation of rules regarding trauma care system.

34-12-55. Each facility to meet requirements of one of designated levels of trauma hospital.

34-12-56. Nursing facility construction on American Indian reservations.

34-12-56.1. Repealed.

34-12-56.2. Nursing facility on Cheyenne River Indian Reservation.

34-12-57. Services of licensed birth center.

34-12-58. Location of birth center.

34-12-59. License required to operate birth center.

34-12-60. Facilities exempt from birth center license requirements.

34-12-61. Application for birth center license.

34-12-62. Promulgation of rules for birth centers.

34-12-63. Risk assessment system for birth centers.

34-12-64. Certain medical foster homes for veterans exempt from chapter.

34-12-65. Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions.

34-12-66. Mammogram reports required to include information on breast density.

34-12-67. Assisted living facility--Resident--Visitation rights.

34-12-68. Visitation policies and procedures--Limitations and restrictions--Notice--Review.

34-12-69. Guidance documents--Visitation--Posting requirement.

34-12-70. Palliative care--Informational material.

34-12B-1. Right to choose pharmacy for filling prescriptions.

34-12B-2. Exclusive agreements between pharmacies and nursing facilities as misdemeanors--Exceptions.

34-12B-3. Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as misdemeanor.

34-12B-4. Pharmacy splitting fees or giving rebate or free equipment and services to nursing facility as misdemeanor.

34-12B-5. Nursing facility prohibited from providing exclusive services to pharmacy.

34-12B-6. Violation as ground for suspension or revocation of license.

34-12B-7. Investigation of complaints.

34-12C-1. Definition of terms.

34-12C-2. Conditions authorizing health care decision by another--Determination by physician.

34-12C-3. Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician.

34-12C-4. Court-ordered health care--Conditions.

34-12C-5. Petition for authority to make health care decision--Filing in circuit court--Contents--Notice--Court-ordered investigation.

34-12C-6. Rights of authorized person as incapacitated person.

34-12C-7. Liability of health care provider--Liability of authorized decision maker.

34-12C-8. Scope of chapter.

34-12C-9. Insertion of urinary catheter into patient under age sixteen without consent of parent or guardian prohibited.

34-12D-1. Definition of terms.

34-12D-2. Declaration--Requirements to execute--Artificial nutrition and hydration.

34-12D-3. Declaration--Sample form.

34-12D-4. Multiple documents--Resolving conflicts--Participation by attorney in fact.

34-12D-5. When declaration becomes operative.

34-12D-6. Decisions regarding life-sustaining treatment--Rights of qualified patient.

34-12D-7. Entry of declaration into medical record.

34-12D-8. Revocation of declaration--Medical record to contain revocation.

34-12D-9. Providing for patient's comfort and related needs--Responsibility of health care provider.

34-12D-10. Treatment of pregnant woman notwithstanding declaration.

34-12D-11. Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider.

34-12D-12. Providing treatment, artificial nutrition, and hydration--Responsibilities of health care provider.

34-12D-13. Immunity from civil or criminal liability, and from professional discipline.

34-12D-14. Withdrawal or withholding of treatment neither suicide or homicide.

34-12D-15. Withdrawal or withholding of treatment--Effect upon life insurance or annuity.

34-12D-16. Insurer or health-care provider may not prohibit or require declaration.

34-12D-17. Revocation of or failure to execute declaration--No presumption created concerning intent.

34-12D-18. Patients able to make decisions regarding medical care--Effect upon rights.

34-12D-19. Health care provider not required to deviate from accepted medical standards.

34-12D-20. Mercy-killing, euthanasia, suicide, and assisted suicide not condoned.

34-12D-21. Assumption as to valid declaration permissible.

34-12D-22. Validity of declaration--Declarations executed prior to July 1, 1991.

34-12D-23. Health care professional--Knowledge and purpose required for conviction of aiding and abetting suicide.

34-12D-24. Standing to bring injunctive relief against person believed to be about to assist in suicide.

34-12D-25. Cause of action for compensatory and punitive damages for assisting suicide.

34-12D-26. Attorney's fees to plaintiff in assisted suicide action.

34-12D-27. Licensing board notified of assisted suicide violation.

34-12D-28. Revocation of license for assisted suicide violation.

34-12D-29. Licensed health care professional defined.

34-12E-1. Definition of terms.

34-12E-2. 34-12E-2 to 34-12E-7. Repealed by SL 2013, ch 154, §§ 11 to 16.

34-12E-8. Disclosure of fees and charges upon request.

34-12E-9. Failure to comply--Disciplinary action.

34-12E-10. 34-12E-10. Repealed by SL 2013, ch 154, § 17.

34-12E-11. Annual hospital report on charge information--Promulgation of rules.

34-12E-11.1. Repealed.

34-12E-12. Repealed.

34-12E-13. Repealed.

34-12E-14. 34-12E-14. Repealed by SL 2013, ch 154, § 18.

34-12F-1. Definitions.

34-12F-2. Execution of EMS cardiopulmonary resuscitation directive.

34-12F-3. Implementation of directive by emergency medical personnel--Rules--Construction of section.

34-12F-4. Emergency medical service personnel and health care providers and facilities--Compliance with directive required--Immunity from civil and criminal liability and discipline for unprofessional conduct.

34-12F-5. Effect of compliance with directive on criminal prosecution of person otherwise criminally charged.

34-12F-6. Directive for person admitted to health care facility--Implementation as physician's order.

34-12F-7. Directive or failure to execute directive--Effect on annuity or insurance.

34-12F-8. Revocation of directive.

34-12F-9. Parental notification required to withhold resuscitation--Records--Parental objection--Court action.

34-12G-1. Program to assist rural communities recruit health care professionals.

34-12G-2. Eligible rural communities.

34-12G-3. Eligible health care professionals.

34-12G-4. Incentive payment.

34-12G-5. Rural community agreement for payment of recruitment assistance.

34-12G-6. Appropriation of funds.

34-12G-7. Agreement to be approved by secretary of health.

34-12G-8. Restrictions on participation.

34-12G-9. Program participant to be medical assistance provider.

34-12G-10. Program to assist rural health care facilities recruiting health care professionals.

34-12G-11. Rural health care facility recruitment program--Eligible facilities.

34-12G-12. Eligible health care professionals.

34-12G-13. Incentive payment.

34-12G-14. Rural health care facility agreement for payment of recruitment assistance.

34-12G-15. Agreement to be approved by secretary of health.

34-12G-16. Restrictions on participation.

34-12G-17. Participating rural health care facility to be medical assistance provider.

34-12H-1. Definitions.

34-12H-2. Patient or representative may execute MOST.

34-12H-3. Representative may only act when patient lacks decision-making capacity.

34-12H-4. MOST form--Contents.

34-12H-5. MOST form part of medical record.

34-12H-6. Out-of-state documents valid in state.

34-12H-7. Physician to treat patient in accordance with MOST.

34-12H-8. Conflict between patient's MOST and patient's other directives.

34-12H-9. Revocation of MOST.

34-12H-10. Refusal of health care provider to comply with MOST.

34-12H-11. Execution or revocation of MOST may not be condition for providing health care.

34-12H-12. Immunity of health care provider.

34-12I-1. Definitions.

34-12I-2. Consent form--Submission to facility.

34-12I-3. Roommate--Consent--Refusal--Restrictions--Relocation.

34-12I-4. Consent form--Content.

34-12I-5. Cost--Liability.

34-12I-6. Connection to internet--Options--Conditions.

34-12I-7. Video monitoring device--Placement--Conditions.

34-12I-8. Audio monitoring device--Use--Violation as misdemeanor.

34-12I-9. Removal of device--Authority.

34-12I-10. Responsibility of resident--Facility.

34-12I-11. Notice.

34-12I-12. Destruction prohibited--Violation as misdemeanor.

34-12I-13. Access and dissemination--Violation as misdemeanor.

34-12I-14. Allegation of misconduct--Request for video.

34-12I-15. Evidentiary material.

34-12I-16. Discrimination--Retaliation--Prohibition.

34-12I-17. Liability--Civil--Criminal.

34-12I-18. Complaint--Adjudication.

34A-12-1. Definition of terms.

34A-12-2. Repealed

34A-12-3. Regulated substance response fund established--Purpose--Source of funds--Continuous appropriation--Informational budget--Annual legislative review.

34A-12-3.1. Subfund created--Disbursement and use of funds.

34A-12-3.2. 34A-12-3.2. Repealed by SL 1999, ch 182, § 1.

34A-12-4. Expenditure of funds by secretary--Grounds for expenditures.

34A-12-5. Department to perform administrative functions and corrective actions--Disbursements.

34A-12-6. Civil action by department for corrective action costs--Recovery of other costs.

34A-12-7. Promulgation of rules--List of regulated substances.

34A-12-8. Discharge of regulated substance prohibited--Exception.

34A-12-9. Report of discharge--Rules for reporting.

34A-12-10. Order to take corrective action--Injunctive action--Cease and desist order.

34A-12-11. Injunctive action for emergency remedial efforts.

34A-12-12. Strict liability for costs of corrective action.

34A-12-13. Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority.

34A-12-13.1. Authority to establish and enforce remediation requirements.

34A-12-14. Additional remedies.

34A-12-15. Deposit of certain moneys in response fund.

34A-12-16. Determination of person responsible for discharge.

34A-12-17. 34A-12-17. Transferred to § 34A-2-71.1.

34A-12-18. 34A-12-18 to 34A-12-24. Transferred to §§ 1-50-5 to 1-50-11.