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APPLICABLE SOUTH DAKOTA STATE LAW GUIDANCE RR 403-D Page 1 of 1 4/05 Applicable South Dakota State Laws The following are State laws that may be relevant to research conducted at The University of South Dakota Responsibilities of IRB Members IRB members are to be aware of the state law that may be relevant to the conduct of human subject research and to apply to the consideration of whether research meets the criteria for approval. IRB members are to be aware of the state law that may be relevant to the conduct of human subjects research and to consider whether disclosure of the implications of the law is required for legally effective informed consent. Child Abuse and Neglect State law requires doctors, mental health professionals, social workers, counselors, child care providers, hospital and school personnel, law enforcement officers, parole or court services officers, religious healing practitioners, domestic abuse shelter employees or volunteers, coroners or any safety-sensitive position as defined in subdivision 23-3-64 (2) to report child abuse. Failure by a mandatory reporter to report child abuse or neglect is a misdemeanor. Anyone who has reasonable cause to suspect that a person under age 18 has been abused or neglected may make a report. The report is made to the Department of Social Services, law enforcement or the state’s attorney. Child Protection Services and law enforcement agencies are required by law to investigate reports of child abuse or neglect. Any person who knows or suspects that a child has been physically or emotionally injured, neglected or sexually abused should report it immediately. Protective services is a series of services to children in need of protection. It includes intake and screening of referrals of child abuse and neglect involving families who have a caretaking responsibility for children. Referrals are assigned for an initial family assessment. An initial family assessment is a neutral approach to gathering information in response to a report of suspected child abuse or neglect. Information is gathered through interviews, observations and reviewing documents. It also includes making a determination as to the validity of the allegations in the report, determining whether or not there are any other abuse or neglect issues, making a determination as to the immediate safety and needs of the child, and determining risk to the child through identification of family/child strengths and stresses. If it is determined that the child is unsafe or is at risk of abuse or neglect, a Child Protection Services social worker will develop a case plan with the parents to improve the situation. Normally, a child would not be removed from the home. But, if a child appears to be in immediate danger, a judge may order removal of the child from the situation or a law enforcement officer may take protective custody. Child Protection Services does not have the authority to take custody of a child. If parents are cooperative and succeed in making improvements, court action may not be necessary. In severe cases, the state’s attorney may initiate a criminal proceeding. South Dakota State Laws 26-8A-2. Abused or neglected child defined. In this chapter and chapter 26-7A, the term, abused or neglected child, means a child: Whose parent, guardian, or custodian has abandoned the child or has subjected the child to mistreatment or abuse; Who lacks proper parental care through the actions or omissions of the child's parent, guardian, or custodian; Whose environment is injurious to the child's welfare; Whose parent, guardian, or custodian fails or refuses to provide proper or necessary subsistence, supervision, education, medical care, or any other care necessary for the child's health, guidance, or well-being; Who is homeless, without proper care, or not domiciled with the child's parent, guardian, or custodian through no fault of the child's parent, guardian, or custodian; Who is threatened with substantial harm; Who has sustained emotional harm or mental injury as indicated by an injury to the child's intellectual or psychological capacity evidenced by an observable and substantial impairment in the child's ability to function within the child's normal range of performance and behavior, with due regard to the child's culture; Who is subject to sexual abuse, sexual molestation, or sexual exploitation by the child's parent, guardian, custodian, or any other person responsible for the child's care; Who was subject to prenatal exposure to abusive use of alcohol or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 3420B ; or Whose parent, guardian, or custodian knowingly exposes the child to an environment that is being used for the manufacturing of methamphetamines Source: SDC 1939, § 43.0301 (12) as enacted by SL 1968, ch 164, § 1; SL 1984, ch 192, § 1; SL 1990, ch 170, § 4; SL 1991, ch 217, § 111B; SDCL Supp, § 26-8-6; SL 1998, ch 204, § 2; SL 2004, ch 181, § 1. 26-8A-3. Persons required to report child abuse or neglected child--Intentional failure as misdemeanor. Any physician, dentist, doctor of osteopathy, chiropractor, optometrist, mental health professional or counselor, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, chemical dependency counselor, coroner, or any safety-sensitive position as defined in subdivision 23-3-64(2), who have reasonable cause to suspect that a child under the age of eighteen has been abused or neglected as defined in § 268A-2 shall report that information in accordance with §§ 26-8A-6, 26-8A-7, and 26-8A-8. Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor. Any person who knows or has reason to suspect that a child has been abused or neglected as defined in § 26-8A-2 may report that information as provided in § 26-8A-8. Source: SL 1964, ch 90, §§ 1, 5; SDCL, § 26-10-13; SL 1973, ch 172, § 1; SL 1975, ch 179, § 2; SL 1976, ch 167; SL 1982, ch 201; SL 1984, ch 192, § 2; SL 1985, ch 215, § 1; SL 1986, ch 223; SL 1991, ch 217, § 112B; SDCL Supp, § 26-10-10; SL 1993, ch 203; SL 2000, ch 122, § 1. Reportable Diseases in South Dakota South Dakota Department of Health Office of Disease Prevention (Effective 27 Dec 2004) The South Dakota Department of Health is authorized by SDCL 34-22-12 and ARSD 44:20 to collect and process mandatory reports of communicable diseases by physicians, hospitals, laboratories, and institutions. Instructions for reporting. Category 1: Category II: Report immediately by telephone on Report within three days by telephone, mail, or fax suspicion of disease Anthrax (Bacillus anthracis) Acquired immunodeficiency Influenza: all lab confirmed Botulism (Clostridium syndrome (AIDS) cases, pediatric deaths and Arboviral encephalitis, meningitis botulinum) weekly reports of number of Cholera (Vibrio cholerae) and infection (West Nile, St. Louis, rapid antigen influenza positive Diphtheria (Corynebacterium Eastern and Western equine, tests and total number tested Legionellosis(Legionella spp.) diphtheriae) California serotype, Japanese, Enterohemorrhagic E. coli Leprosy/Hansen's disease Powassan) Brucellosis (Brucella spp.) (EHEC) shiga-toxin producing (Mycobacterium leprae) Campylobacteriosis Listeriosis (Listeria (Escherichia coli), includes E. coli O157:H7 (Campylobacter spp.) monocytogenes) Measles (paramyxovirus) Chancroid (Haemophilus ducreyi) Lyme disease (Borrelia Meningococcal disease, Chicken pox/Varicella(herpesvirus) burgdorferi) invasive (Neisseria eningitidis) Chlamydia infections (Chlamydia Malaria (Plasmodium spp.) Pertussis (Bordetella pertussis) Melioidodosis (Burholderia trachomatis) Plague (Yersinia pestis) Cryptosporidiosis (Cryptosporidum pseudomallei) Poliomyelitis (picornavirus) Mumps (Paramyxovirus) parvum) Rabies, human and animal Cyclosporiasis (Cyclospora Nipah virus (Paramyxovirus) (rhabdovirus) Psittacosis cayetanesis) Ricin toxin Dengue fever (flavivirus) (Chlamydophila psittaci) Rubella and congenital Drug resistant organisms: MethicillinQ fever (Coxiella burnetii) rubella syndrome (togavirus) Rocky Mountain spotted resistant Staphylococcus aureus Smallpox (Variola) fever (Rickettsia rickettsii) (MRSA), invasive - VancomycinTularemia Salmonellosis resistant and (Salmonella spp.) (Francisella tularensis) intermediate Staphylococcus Typhoid (Salmonella typhi) Shigellosis (Shigella spp.) aureus (VRSA and VISA) - Drug Viral Hemmorrhagic Fevers Staphylococcus enterotoxin B resistant Streptococcus Streptococcal Group A, invasive (Filoviruses, arenaviruses) pneumoniae (DRSP), invasive Outbreaks: Ehrlichiosis (Ehrlichia spp.) Streptococcal Group B, invasive Epsilon toxin of Clostridium Streptococcus pneumoniae, - Acute upper respiratory invasive, illness perfringens Giardiasis (Giardia lamblia / in a child less than 5 years of - Diarrheal disease - Foodborne intestinalis) age Glanders (Burkholderia mallei) Syphilis (Treponema pallidum) - Illnesses in child care Gonorrhea (Neisseria gonorrhoeae) Tetanus (Clostridium tetani) settings Haemophilus influenzae type b Toxic shock syndrome - Nosocomial disease, invasive Hantavirus Transmissible spongiform - Rash illness pulmonary syndrome (hantavirus) encephalopathies - Waterborne Syndromes suggestive of Hemolytic uremic syndrome Trichinosis (Trichinella sprialis) bioterrorism and other Hepatitis, acute viral A, B, C, D, and E Tuberculosis (Mycobacterium public health threats Hepatitis, chronic viral B and C tuberculosis and Unexplained illnesses or Hepatitis B infection, perinatal Mycobacterium bovis) active deaths in humans or Herpes simplex virus infection, disease and animals neonatal or genital latent infection (positive Human immunodeficiency skin test) virus infection (HIV) Typhus fever (Rickettsia prowazekii) Vaccine Adverse EventsYellow fever (flavivirus) Medical Record or Psychiatric Records--Confidentiality South Dakota Codified Laws/Statutes 58-4-45. Confidentiality of certain documents. Internal memoranda and telephone notes or logs of division personnel are confidential. Medical records are confidential. Source: SL 1992, ch 340, § 2. 27A-12-25. Individual records required--Contents--Confidentiality. A complete statistical and medical record shall be kept current for each person receiving mental health services, or being otherwise detained under this title. The record shall include information pertinent to the services provided to the person, pertinent to the legal status of the recipient, required by this title or other provision of law, and required by rules or policies. The material in the record shall be confidential in accordance with the provisions of this title. Source: SL 1975, ch 181, § 9; SDCL Supp, § 27-7-58; SL 1991, ch 220, §§ 225, 226. 34-14-1. Information obtained in medical studies confidential--Inadmissibility in evidence. All information, interviews, reports, statements, memoranda, or other data procured by the Department of Health, South Dakota State Medical Association, allied medical societies, or in-hospital staff committees of accredited hospitals in the course of a medical study for the purpose of reducing morbidity or mortality shall be strictly confidential and shall only be used for medical research. Such information, records, reports, statements, notes, memoranda, or other data, shall not be admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person. Source: SL 1959, ch 134, §§ 1, 2; SDC Supp 1960, § 27.0117. Surrounding State Laws that may be applicable Iowa Iowa state law provisions on Mandatory Reporting (Iowa Code Chapter 235 B) Current abuse of a dependent adult §235B.2.(4) “Dependent adult” is defined as a person eighteen years of age or older who is unable to protect the person’s own interests or unable to adequately perform or obtain services necessary to meet essential human needs, as a result of a physical or mental condition which requires assistance from another, or defined by department rule. Current child abuse (§232.69 and(2) Intent to hurt self or others Iowa state prohibits human cloning Reportable conditions (§641—1.1-1.3 (139A)) Nebraska Nebraska State Statute 43-2101. Persons under 19 years of age are declared to be minors, but in case of any persons marries under age of nineteen, his or her minority ends. If the potential participant is Native American living on federal tribal lands, regardless of the state, federal law has set the age of majority at age 18.