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Ex. DUT-SD-003 Standing duty Primary source read

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)

Communicable Disease Control rules: definition of 'public health measure' (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's responsibility

South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17, 34-22-9 and 34-23-13) · South Dakota (State)

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The record

Jurisdiction
South Dakota
Level
State
Authority
SDCL 34-1-17, 34-22-9, 34-23-13 (recited as General Authority in each rule)
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
Business closureWorkplace rulesQuarantine and isolationStanding duty
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
Character
sanitary code duty
Collection
Standing duties: South Dakota DUT-SD

Operative words

'Public health measure,' 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

Penalty

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)

What it required

The department's rules define the 'public health measure' it may impose 'on persons or property' to include 'environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine' (44:20:01:01(38)); adopt as control measures the APHA Control of Communicable Diseases Manual and 'more recent and equally reliable information... from the Centers for Disease Control and Prevention' (44:20:03:01); prescribe 'physical isolation for the period of communicability' for airborne diseases and 'exclusion 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' (44:20:03:02); authorize written public health notices directing a person 'to cease from specified conduct which endangers the health of others' and 'to cooperate with the department in implementation of recommended public health measures' (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 'the owner or operator of the food producing, processing, or service establishment or the employer of the food handler... responsible for ensuring compliance' (44:20:03:09).

Retrieval note

Section 44:20:03:04 states the department's own restraint: 'The department may use restrictive public health measures only if other measures to protect the public health have failed, including efforts to obtain the voluntary cooperation of the person who may be the subject of such measures,' applying 'the least intrusive measures first.' The rule therefore treats a person's compliance with recommended measures as the first step of a compulsory scheme, not as conduct outside it. The 'recommendation' verbs of the Back to Normal Plan (Ex. SD-017) operate inside this scheme.