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Ex. DUT-SD-001 Standing duty Primary source read

SDCL ch. 34-22, Contagious Disease Control (§§ 34-22-5, 34-22-9, 34-22-14, 34-22-17, 34-22-18, 34-22-18.1, 34-22-41 to 34-22-44)

Contagious Disease Control: statewide system, rules on prevention, control, quarantine and isolation; enforcement; refusal to follow department directives as misdemeanor; injunction; public health emergency

South Dakota Legislature (codified statute administered by the Department of Health) · South Dakota (State)

The COVID Project

The record

Jurisdiction
South Dakota
Level
State
Authority
S.D. Codified Laws title 34 (Public Health and Safety), ch. 34-22 (Contagious Disease Control)
Issued
2026-09-29 Sept. 29, 2026
Effective
standing (read as 2026-09-29)
End
standing
In force
Standing since Sept. 29, 2026 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationWorkplace rulesQuarantine and isolationStanding duty
Addressees
  • persons generally; patients, carriers and suspected cases; physicians, hospitals, laboratories and institutions; owners or persons in control of premises reached by a department directive or rule
Character
statutory duty
Collection
Standing duties: South Dakota DUT-SD

Operative words

Any person in the state reasonably suspected of having... any disease or condition which is the subject of a declared public health emergency pursuant to § 34-22-42, shall accept necessary diagnosis or treatment, or both. Any person who... fails to follow the reasonable and necessary directives of the department issued for the protection of other persons, is guilty of a Class 1 misdemeanor.

Penalty

Class 1 misdemeanor (34-22-18): one year in county jail or $2,000 fine, or both (SDCL 22-6-2(1), Ex. DUT-SD-007); Class 2 misdemeanor (34-22-5): thirty days or $500; circuit-court injunction (34-22-18.1); judicial enforcement of any department order (34-1-28, Ex. DUT-SD-002)

What it required

The Department of Health directs a statewide system of communicable disease control, prescribes by rule the 'methods and procedures for the prevention and control of communicable disease,' the 'quarantine, and isolation of any patient or carrier' and 'infection prevention measures' (34-22-9(4), (5), (8)), enforces its regulations 'through isolation, prevention, and treatment' (34-22-14), supervises all diagnosis, control and treatment statewide (34-22-17), and every person subject to a declared public health emergency must follow its directives on pain of a Class 1 misdemeanor (34-22-18), with injunctive enforcement against any person who 'presents a health threat to others' (34-22-18.1) and a Class 2 misdemeanor for intentionally exposing others in a public place (34-22-5).

Retrieval note

Section 34-22-18.1 as amended by SL 2021, ch 147 extends the department's COVID-19 injunction power 'for the period beginning July 1, 2021, and ending June 30, 2022,' a standing enforcement instrument in force throughout 2021 Q3. The 2020 amendment (HB 1295, Ex. SD-032) named 'severe acute respiratory syndrome coronavirus 2, which causes the disease known as COVID-19' from March 31, 2020 to June 30, 2021. The chapter page also carries § 34-22-9's rulemaking authority under which ARSD art. 44:20 (Ex. DUT-SD-003) was promulgated.