State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

931U0715   SENATE HEALTH AND HUMAN SERVICES ENGROSSED    NO.  HB 1208 -  02/22/2013  

Introduced by:    Representatives Mickelson, Carson, Conzet, Craig, Cronin, Duvall, Erickson, Haggar (Don), Hajek, Hansen, Miller, Otten (Herman), Westra, Wick, and Wink and Senators White, Heineman (Phyllis), Krebs, Rhoden, Tidemann, and Vehle
 

        FOR AN ACT ENTITLED, An Act to prohibit the release of medical waste and to provide a penalty therfor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as follows:
    For purposes of this chapter, medical waste means disposable equipment, instruments, utensils, human tissue, laboratory waste, blood specimens, or other substances that could carry pathogenic organisms but shall exclude household waste including medical waste generated at a private residence.
    Section 2. That chapter 34A-6 be amended by adding thereto a NEW SECTION to read as follows:
    A person, as defined in subdivision 21-1-2(31), but excluding any natural person is guilty of unlawful release of medical waste if the person with negligence engages in conduct which

causes the release of medical waste to a recycling disposal destination. Unlawful release of medical waste is a Class 2 misdemeanor.