{"id":"DUT-SD-003","kind":"duty","level":"state","jurisdiction":"South Dakota","state":"SD","metro":"","industry":"","agency":"","eco":"","issuer":"South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17, 34-22-9 and 34-23-13)","authority":"SDCL 34-1-17, 34-22-9, 34-23-13 (recited as General Authority in each rule)","instrument":"Administrative Rules of South Dakota, art. 44:20, Communicable Disease Control (chs. 44:20:01 to 44:20:04; §§ 44:20:01:01(38), 44:20:03:01, 44:20:03:02, 44:20:03:04, 44:20:03:05, 44:20:03:07, 44:20:03:09)","title":"Communicable Disease Control rules: definition of \u0027public health measure\u0027 (environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine); control measures; public health notices to persons and to possessors of contaminated property; control measures for food handlers and the employer\u0027s responsibility","dateIssued":"2026-09-29","effective":"standing","end":"standing","startDate":"2026-09-29","endDate":"","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","QUAR","CLOSE","EMP"],"addressees":["persons generally (cases, carriers, contacts); owners or persons in possession of property (fomites); food handlers and their employers; health care workers; child care and health care facilities and institutions"],"clause":"\u0027Public health measure,\u0027 counseling, immunization, preventive therapy, chemoprophylaxis, environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine, or other epidemiologically accepted measure imposed on persons or property to reduce morbidity and mortality... (1) For airborne diseases, physical isolation for the period of communicability","enforcement":"The rules are enforced under SDCL 34-22-14 and 34-22-18 (Class 1 misdemeanor for failing to follow department directives under a declared public health emergency; Ex. DUT-SD-001), 34-1-28 (judicial enforcement; Ex. DUT-SD-002) and 34-22-18.1 (injunction)","functions":[],"notes":"The department\u0027s rules define the \u0027public health measure\u0027 it may impose \u0027on persons or property\u0027 to include \u0027environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine\u0027 (44:20:01:01(38)); adopt as control measures the APHA Control of Communicable Diseases Manual and \u0027more recent and equally reliable information... from the Centers for Disease Control and Prevention\u0027 (44:20:03:01); prescribe \u0027physical isolation for the period of communicability\u0027 for airborne diseases and \u0027exclusion from situations in which transmission can be reasonably expected to occur, such as work as a food handler, attendance at or work in a child care facility, health care facility, or institution\u0027 (44:20:03:02); authorize written public health notices directing a person \u0027to cease from specified conduct which endangers the health of others\u0027 and \u0027to cooperate with the department in implementation of recommended public health measures\u0027 (44:20:03:04) and directing the possessor of contaminated property to decontaminate it (44:20:03:07); and bar an infected food handler from work, making \u0027the owner or operator of the food producing, processing, or service establishment or the employer of the food handler... responsible for ensuring compliance\u0027 (44:20:03:09).","sourceUrl":"https://sdlegislature.gov/api/Rules/Rule/44:20.html?all=true","snapshot":"","fileExists":true,"fileBytes":533022,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-SD","url":"/library/DUT-SD-003","exhibitUrl":"/exhibit/DUT-SD-003","citation":"South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17, 34-22-9 and 34-23-13), Administrative Rules of South Dakota, art. 44:20, Communicable Disease Control (chs. 44:20:01 to 44:20:04; §§ 44:20:01:01(38), 44:20:03:01, 44:20:03:02, 44:20:03:04, 44:20:03:05, 44:20:03:07, 44:20:03:09) (standing) (Ex. DUT-SD-003)","stateName":"South Dakota","related":["SD-017","DUT-SD-001","DUT-SD-002","DUT-SD-016"]}