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State of South
Dakota
|
SEVENTY-SEVENTH
SESSION
LEGISLATIVE
ASSEMBLY, 2002
|
400H0728 |
HOUSE BILL
NO.
1304
|
Introduced by:
The Committee on State Affairs at the request
of the Governor
|
FOR AN ACT ENTITLED, An Act
to
revise the
emergency powers of the Department of Health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE
OF SOUTH DAKOTA:
Section
1. That chapter
34-22 be
amended by adding thereto a NEW SECTION to read as follows:
For the purposes of this
Act, a public health emergency is an occurrence or imminent threat of an
illness, health condition, or widespread exposure to an infectious or toxic
agent that poses a significant risk of substantial harm to the affected
population.
Section
2. That chapter
34-22 be
amended by adding thereto a NEW SECTION to read as follows:
The secretary of health,
with the consent of the Governor, may declare a public health emergency as
defined by section 1 of this Act. In declaring a public health emergency,
the secretary shall issue an order that specifies:
(1) The nature of the public
health emergency;
(2) The geographic area subject
to the declaration;
(3) The conditions that have
brought about the public health emergency; and
(4) The expected duration of
the state of public health emergency, if less than thirty days.
Section
3. That chapter
34-22 be
amended by adding thereto a NEW SECTION to read as follows:
The department shall
have primary jurisdiction, responsibility, and authority for responding to
a public health emergency declared pursuant to section 2 of this Act
including:
(1) Planning and executing public
health emergency assessment, mitigation, preparedness, and response;
(2) Coordinating public health
emergency response between state and local authorities;
(3) Collaborating with relevant
federal, state, tribal, and local authorities; and
(4) Organizing public information
activities regarding public health emergency response operations.
The Department of Health
may promulgate rules, pursuant to chapter 1-26, to implement the provisions
of this section.
Section
4. That chapter
34-22 be
amended by adding thereto a NEW SECTION to read as follows:
Any public health emergency
declared pursuant to section 2 of this Act shall be terminated automatically
after thirty days unless renewed by the secretary under the same standards
and procedures set forth in section 2 of this Act.
Section
5. That
§ 34-3-26
be amended
to read as follows:
34-3-26.
The powers and
duties of the board of health in a full-time county or district health department
shall be the same as those specified for county boards of health and the
superintendents thereof as provided for by
§
§
34-2-4 to 34-2-10
§
§
34-16-19 to 34-16-20
, inclusive
, and
sections 8 and 9 of this Act
.
Section
6. That chapter
34-16 be
amended by adding thereto a NEW SECTION to read as follows:
Each county may establish
a county board of health which shall be composed of the state's attorney
of the county, who shall be president of the board; a physician, a physician
assistant, or nurse practitioner who practices in the county, appointed by
the Department of Health, who shall serve as superintendent of the board
of health; and one other resident of the county.
Section
7. That chapter
34-16 be
amended by adding thereto a NEW SECTION to read as follows:
The county board of health
shall meet at the county seat at such times as the superintendent may designate.
The president of the county board of health shall preside at the meetings.
Section
8. That chapter
34-16 be
amended by adding thereto a NEW SECTION to read as follows:
The superintendent of
the county board of health shall have charge of and superintend, subject
to the approval of the board, all the matters and things specified in this
chapter. In case of immediate danger to the health of persons, the superintendent
may act without consultation with the county board, for the prevention of
such danger, and shall immediately report the action to the president of
the county board and to the secretary of health.
Section
9. That chapter
34-16 be
amended by adding thereto a NEW SECTION to read as follows:
The county board of health,
within the territorial limits of its county not included in any first or
second class municipality having its own board of health, may remove or cause
to be removed any dead, decaying, or putrid body, or any decayed, putrid,
or other substance that may endanger the health of persons or domestic
animals.
Section
10. That
§ 34-2-1
be repealed.
34-2-1.
There shall be
a county board of health which shall be composed of the state's attorney
of the county, who shall be president thereof, and two licensed physicians,
residents of the county, appointed by the Department of Health, one of whom
shall be named superintendent and the other vice-president of such county
board, and whose term of office shall be for two years. In counties where
there are no resident physicians, the Department of Health may provide for
such county boards under such rules and regulations as it may deem proper.
Section
11. That
§ 34-2-2
be repealed.
34-2-2.
Should a vacancy
occur in any county board of health from any cause other than the expiration
of the time for which a member had been appointed, the secretary of health
shall, upon proper notification of such vacancy, proceed to appoint a proper
person to fill the vacancy.
Section
12. That
§ 34-2-3
be repealed.
34-2-3.
The county board
of health shall meet at the county seat at such times as the superintendent
may designate, notice of the time and place of meeting to be given by him
to the other members of the board at least five days prior to the meeting.
The president of the county board of health shall preside at the meetings
thereof.
Section
13. That
§ 34-2-4
be repealed.
34-2-4.
The superintendent of the county board of health shall be ex officio
secretary of the board of health of his county and shall keep a record of
all the proceedings of the board and of his official acts and shall at the
end of every month make a full report in writing to the secretary of health
of the proceedings of the county board and of his official acts, and of the
condition of the public health, and whenever any contagious or infectious
disease occurs in his county shall immediately report the same to the secretary
of health.
Section
14. That
§ 34-2-5
be repealed.
34-2-5.
The superintendent
of the county board of health shall have charge of and
superintend, subject to the approval of the board of which he is a member
and the supervisory control of the Department of Health, all the matters
and things specified in this chapter and, in case of immediate danger to
the health of persons, he may act as in his judgment he may deem proper without
consultation with the county board, for the prevention of such danger, and
shall immediately report such action to the president of the county board
and to the secretary of health.
Section
15. That
§ 34-2-6
be repealed.
34-2-6.
Subject to the
supervising control of the Department of Health, the county board of health,
within the territorial limits of its county not included in any first or
second class municipality having its own board of health, shall have power
to enforce any and all needful rules and regulations made by the Department
of Health for the prevention and cure, and to prevent the spread of contagious
diseases.
Section
16. That
§ 34-2-7
be repealed.
34-2-7.
Subject to the
supervising control of the Department of Health, the county board of health,
within the territorial limits of its county not included in any first or
second class municipality having its own board of health, shall have power
to establish quarantine and isolate any person afflicted with a contagious
or infectious disease.
Section
17. That
§ 34-2-8
be repealed.
34-2-8.
Subject to the supervising control of the Department of Health, the county
board of health, within the territorial limits of its county not included
in any first or second class municipality having its own board of health,
shall have power to appoint all duly licensed physicians within the county
deputies with power to quarantine any and all cases of infectious, contagious,
or communicable diseases, subject to quarantine pursuant to the rules and
regulations of the Department of Health. For all services rendered in
quarantining, such deputies
shall be entitled to the sum of one dollar for each premise so quarantined.
The county board shall also have power to delegate to any person or physician
within the county authority to release any quarantine, under the supervision
of such county board, to fumigate premises, and to do any and all other things
that may be necessary to protect the health of the public.
Section
18. That
§ 34-2-9
be repealed.
34-2-9.
Subject to the
supervising control of the Department of Health, the county board of health,
within the territorial limits of its county not included in any first or
second class municipality having its own board of health, shall have power
to remove or cause to be removed any dead, decaying, or putrid body, or any
decayed, putrid, or other substance that may endanger the health of persons
or domestic animals.
Section
19. That
§ 34-2-10
be repealed.
34-2-10.
Subject to the supervising control of the Department of Health, the county
board of health, within the territorial limits of its county not included
in any first or second class municipality having its own board of health,
in addition to the powers granted by
§
§
34-2-6 to 34-2-9,
inclusive, shall have original power to inquire into sanitary conditions
of schoolhouses within the county, and upon complaint and investigation shall
have power to abate any unsanitary conditions that may be found to exist.
When upon investigation such county board of health shall find any schoolhouse
in such an unsanitary condition that it is detrimental to the health of the
children attending school therein, it shall immediately summon the school
board of any such district to a hearing thereon and require the school board
to abate the condition complained of. The order so made shall be in writing
and a copy of such order placed on file in the office of the business manager
of such board. Any order so made shall be enforceable in the same manner
as are other orders made by such board with the same rights of appeal to
the circuit court.
Section
20. That
§ 34-2-11
be repealed.
34-2-11.
Any person who
shall violate any of the provisions of this chapter, or any of the rules
and regulations made by the Department of Health to carry out the provisions
thereof, or who shall willfully oppose or obstruct any health officer in
performing his duty is guilty of a Class 1 misdemeanor.
Section
21. That
§ 34-2-12
be repealed.
34-2-12.
The president of
the county board of health shall receive no compensation except ten cents
for every mile actually and necessarily traveled in the performance of his
duties as a member of such board.
Section
22. That
§ 34-2-13
be repealed.
34-2-13.
The superintendent
of the county board of health shall receive ten cents for every mile actually
and necessarily traveled by the nearest route in the performance of his duties
when not the attending physician, which mileage shall be in lieu of all
compensation for traveling expenses; the superintendent or the vice-president,
if he performs the duties of the superintendent, shall receive such other
sums as the board of county commissioners may allow.
Section
23. That
§ 34-2-14
be repealed.
34-2-14.
For each investigation,
visit, or examination necessarily made under the rules of the Department
of Health, when no investigation, visit, or examination has been made by
any other member of the county board of health or any deputy appointed under
this chapter, the superintendent of the county board of health or the
vice-president, if he performs the duties of the superintendent, shall receive
five dollars.
Section
24. That
§ 34-2-15
be repealed.
34-2-15.
The superintendent
of the county board of health shall also receive the sum of five dollars
per month for making the daily reports and keeping the records of his office
as required by the rules and regulations of the Department of Health, and
he or the vice-president, if he
performs the duties of the superintendent, shall further receive such other
sum or sums as he may pay or become liable to pay for medicine, chemicals,
drugs, or appliances in carrying out and performing the various duties imposed
upon him by law which, together with other expenses, shall be audited by
the board of county commissioners and paid as other county expenses.
Section
25. That
§ 34-2-16
be repealed.
34-2-16.
In counties where
the total annual fees and mileage drawn by the superintendent of the county
board of health exceeds the sum of two thousand dollars, the board of county
commissioners of such counties may in their discretion pay such superintendent
a monthly wage or salary, in amount to be fixed and determined by said board
of commissioners and in such case such wage or salary shall be paid to and
received by said superintendent in lieu of all mileage and fees as provided
in this chapter.