34-22-18.1. Action for injunction to enforce department directive or order--Confidential information.
If the department has determined by medical or epidemiological information that a person is confirmed to be infected with an active tuberculosis, any middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emergency pursuant to §34-22-42, or for the period beginning July 1, 2021, and ending June 30, 2022, severe acute respiratory syndrome coronavirus 2, which causes the disease known as COVID-19, and if that person presents a health threat to others, the department may commence an action in circuit court, pursuant to chapters 15-6 and 21-8, for injunctive relief as necessary to enforce any applicable department directive or order. The court shall treat individually identifying information including the gender, age, ethnicity, race, national origin, location, or identity of any person subject to the proceedings as strictly confidential information. If necessary, identifying numbers or initials may be used to protect the individually identifying information of the person.
Nothing in this section authorizes the department to compel a person to be vaccinated.
Source: SL 2015, ch 181, § 33; SL 2020, ch 145, § 1, eff. Mar. 31, 2020; SL 2021, ch 147, § 1.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 22 - Contagious Disease Control
Section 34-22-1 - Definitions.
Section 34-22-5 - Exposure of self or others to communicable disease as misdemeanor.
Section 34-22-6 - Compelling vaccination as misdemeanor.
Section 34-22-10 - Laboratory and radiological services provided by department.
Section 34-22-11 - Screening and testing for communicable disease.
Section 34-22-11.2 - Specific health services.
Section 34-22-12.1 - Confidentiality of reports--Exceptions.
Section 34-22-12.2 - Violation of confidentiality as misdemeanor.
Section 34-22-12.3 - Effect of good faith reporting.
Section 34-22-12.4 - Compliance with reporting requirements--Liability.
Section 34-22-13 - Consultation with physicians and institutions.
Section 34-22-14 - Enforcement of regulations for control of communicable diseases.
Section 34-22-17 - Communicable disease control supervised by department--Program applied statewide.
Section 34-22-18 - Refusal to accept diagnosis or treatment or to follow directives as misdemeanor.
Section 34-22-23 - Inspection of records of hospital or laboratory by secretary.
Section 34-22-41 - "Public health emergency" defined.
Section 34-22-42 - Secretary may declare public health emergency--Contents of order.
Section 34-22-44 - Termination of declared emergency--Renewal.
Section 34-22-44.1 - Definition of statewide emergency registry volunteer.
Section 34-22-44.2 - Statewide emergency registry volunteers--Immunity from civil liability.