South Dakota Medical Records Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
We’ve always shared sensitive information regarding our health and medical history with our doctors, and trusted that neither they nor their medical staff would share that information without our consent. But are there laws in place that ensure they won’t?
This is a quick summary of medical records laws in South Dakota.
South Dakota Medical Records Laws
South Dakota's medical records laws hold all privileged patient medical records as confidential, and available to pharmacists when necessary. South Dakota law works in tandem with federal regulations regarding medical records, under the federal law known as the Health Insurance Portability and Accountability Act (HIPAA). HIPAA requires doctors and their staff to keep your medical records strictly confidential. There are three (3) exceptions to this rule:
- If you need emergency treatment and are incapacitated, doctors can share medical information with the person making medical decisions for you;
- If you have a court case involving an accident or worker’s compensation and you introduce your health or injuries, doctors may reveal your medical history; or
- If the government requires specific reporting (mostly for births, deaths, and communicable diseases, doctors must provide this information for public health reasons.
Are My Medical Records Private?
The privacy and integrity of patients' medical records are protected by both federal and state laws. South Dakota health records laws require physicians and other medical workers to report instances of communicable disease such as HIV/AIDS in order to protect the general public.
Learn more about South Dakota's medical records laws below, with links to additional sources. See FindLaw's Patient Rights section for more information.
|Code Section(s)||§36-2-16 et seq.|
|Who Has Access to Records?||Patient or representative|
|What Privileges Apply to Medical Records?||Physician and psychotherapist (§19-13-7)|
|Mandatory Reporting Requirements||Venereal disease (34-23-2); child abuse or neglect (26-8A-3)|
|Insurance Companies||Division of Insurance must keep medical records confidential (§58-4-5)|
|Provisions Related to HIV/AIDS||Victims of sexual assault may request testing and receive notification of results (23A-35B-1, et seq.)|
Note: State laws surrounding the issues of privacy and patients' rights are constantly changing. You may wish to contact a South Dakota health care attorney or conduct your own legal research to verify the state law(s) you are researching. Most attorneys offer free consultations.
Research the Law
- South Dakota Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for South Dakota Medical Records Laws
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.